2005 California Penal Code Sections 14250-14251 TITLE 12.5. DNA

14250.  (a) (1) The Department of Justice shall develop a DNA data
base for all cases involving the report of an unidentified deceased
person or a high-risk missing person.
   (2) The data base required in paragraph (1) shall be comprised of
DNA data from genetic markers that are appropriate for human
identification, but have no capability to predict biological function
other than gender.  These markers shall be selected by the
department and may change as the technology for DNA typing
progresses.  The results of DNA typing shall be compatible with and
uploaded into the CODIS DNA data base established by the Federal
Bureau of Investigation.  The sole purpose of this data base shall be
to identify missing persons and shall be kept separate from the data
base established under Chapter 6 (commencing with Section 295) of
Title 9 of Part 1.
   (3) The Department of Justice shall compare DNA samples taken from
the remains of unidentified deceased persons with DNA samples taken
from personal articles belonging to the missing person, or from the
parents or appropriate relatives of high-risk missing persons.
   (4) For the purpose of this data base, "high-risk missing person"
means a person missing as a result of a stranger abduction, a person
missing under suspicious circumstances, a person missing under
unknown circumstances, or where there is reason to assume that the
person is in danger, or deceased, and that person has been missing
more than 30 days, or less than 30 days in the discretion of the
investigating agency.
   (b) The department shall develop standards and guidelines for the
preservation and storage of DNA samples.  Any agency that is required
to collect samples from unidentified remains for DNA testing shall
follow these standards and guidelines.  These guidelines shall
address all scientific methods used for the identification of
remains, including DNA, anthropology, odontology, and fingerprints.
   (c) (1) A coroner shall collect samples for DNA testing from the
remains of all unidentified persons and shall send those samples to
the Department of Justice for DNA testing and inclusion in the DNA
data bank.  After the department has taken a sample from the remains
for DNA analysis and analyzed it, the remaining evidence shall be
returned to the appropriate local coroner.
   (2) After a report has been made of a person missing under
high-risk circumstances, the responsible investigating law
enforcement agency shall inform the parents or other appropriate
relatives that they may give a voluntary sample for DNA testing or
may collect a DNA sample from a personal article belonging to the
missing person if available.  The samples shall be taken by the
appropriate law enforcement agency in a manner prescribed by the
Department of Justice.  The responsible investigating law enforcement
agency shall wait no longer than 30 days after a report has been
made to inform the parents or other relatives of their right to give
a sample.
   (3) The Department of Justice shall develop a standard release
form that authorizes a mother, father, or other relative to
voluntarily provide the sample.  The release shall explain that DNA
is to be used only for the purpose of identifying the missing person
and that the DNA sample and profile will be destroyed upon request.
No incentive or coercion shall be used to compel a parent or relative
to provide a sample.
   (4) The Department of Justice shall develop a model kit that law
enforcement shall use when taking samples from parents and relatives.
   (5) Before submitting the sample to the department for analysis,
law enforcement shall reverify the status of the missing person.
After 30 days has elapsed from the date the report was filed, law
enforcement shall send the sample to the department for DNA testing
and inclusion in the DNA data base, with a copy of the crime report,
and any supplemental information.
   (6) All retained samples and DNA extracted from a living person,
and profiles developed therefrom, shall be used solely for the
purpose of identification of the deceased's remains.  All samples and
DNA extracted from a living person, and profiles developed
therefrom, shall be destroyed after a positive identification with
the deceased's remains is made and a report is issued, unless any of
the following has occurred:
   (A) The coroner has made a report to a law enforcement agency
pursuant to Section 27491.1 of the Government Code, that he or she
has a reasonable ground to suspect that the identified person's death
has been occasioned by another by criminal means.
   (B) A law enforcement agency makes a determination that the
identified person's death has been occasioned by another by criminal
means.
   (C) The evidence is needed in an active criminal investigation to
determine whether the identified person's death has been occasioned
by another by criminal means.
   (D) A governmental entity is required to retain the material
pursuant to Section 1417.9.
   (7) Notwithstanding any other provisions of this section, upon the
request of any living person who submits  his or her DNA sample and
profile pursuant to this section, including the parent or guardian of
a child who submits a DNA sample of the child, the DNA sample shall
be removed from the DNA data base.
   (d) All DNA samples and profiles developed therefrom shall be
confidential and shall only be disclosed to personnel of the
Department of Justice, law enforcement officers, coroners, medical
examiners, district attorneys, and persons who need access to a DNA
sample for purposes of the prosecution or defense of a criminal case,
except that a law enforcement officer or agency may  publicly
disclose the fact of a DNA profile match after taking reasonable
measures to first notify the family of an unidentified deceased
person or the family of a high-risk missing person that there has
been an identification.
   (e) All DNA, forensic identification profiles, and other
identification information retained by the Department of Justice
pursuant to this section are exempt from any law requiring disclosure
of information to the public.
   (f) (1) Any person who knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, or for any purpose other than for
identification or for use in a criminal investigation, prosecution,
or defense, is guilty of a misdemeanor.
   (2) A person who collects, processes, or stores DNA or DNA samples
from a living person that are used for DNA testing pursuant to this
section who does either of the following is liable in civil damages
to the donor of the DNA in the amount of five thousand dollars
($5,000) for each violation, plus attorney's fees and costs:
   (A) Fails to destroy samples or DNA extracted from a living person
pursuant to paragraph (6) of subdivision (c).
   (B) Discloses DNA samples in violation of subdivision (d).
   (g) (1) If a disclosure or failure to destroy samples described in
paragraph (2) of subdivision (f) is made by an employee of the
Department of Justice, the department shall be liable for those
actions of its employee.
   (2) Notwithstanding any other law, the remedy in this section
shall be the sole and exclusive remedy against the department and its
employees available to the donor of the DNA against the department
and its employees.
   (3) The department employee disclosing DNA or other forensic
identification information or otherwise violating this section shall
be absolutely immune from civil liability under this or any other
law.
   (h) It is not an unauthorized disclosure or violation of this
section to release DNA and other forensic identification information
as part of a judicial or administrative proceeding, to a jury or
grand jury, or in a document filed with a court or administrative
agency, or for this information to become part of the public
transcript or record of proceedings.
   (i) In order to maintain computer system security, the computer
software and data base structures used by the DNA laboratory of the
Department of Justice to implement this chapter are confidential.
14251.  (a) The "Missing Persons DNA Data Base" shall be funded by a
two dollar ($2) fee increase on death certificates issued by a local
government agency or by the State of California. The issuing
agencies may retain up to 5 percent of the funds from the fee
increase for administrative costs. This fee shall remain in effect
only until January 1, 2010.
   (b) Funds shall be directed on a quarterly basis to the "Missing
Persons DNA Data Base Fund," hereby established, to be administered
by the department for establishing and maintaining laboratory
infrastructure, DNA sample storage, DNA analysis, and labor costs for
cases of missing persons and unidentified remains. Funds may also be
distributed by the department to various counties for the purposes
of pathology and exhumation consistent with this title. The
department may also use those funds to publicize the database for the
purpose of contacting parents and relatives so that they may provide
a DNA sample for training law enforcement officials about the
database and DNA sampling and for outreach.
   (c) The department shall create an advisory committee, comprised
of coroners and appropriate law enforcement officials, and interested
stakeholders to prioritize the identification of the backlog of
unidentified remains. The identification of the backlog may be
outsourced to other laboratories at the department's discretion.
   (d) (1) The death certificate fee increase shall begin and funds
shall be directed to the Missing Persons DNA Data Base Fund beginning
January 1, 2001. Funding for year one shall be used to develop the
database and laboratory infrastructure, and to establish Department
of Justice protocols and personnel.
   (2) The Department of Justice shall begin case analysis in 2002.
The Department of Justice shall retain the authority to prioritize
case analysis, giving priority to those cases involving children.
   (3) If federal funding is made available, it shall be used to
assist in the identification of the backlog of high-risk missing
person cases and long-term unidentified remains.