2005 California Penal Code Sections 295-295.1 Article 1. Purpose and Administration

PENAL CODE
SECTION 295-295.1

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, the Department of
Corrections, the Board of Corrections, and the Department of the
Youth Authority 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,
the Board of Corrections, and the Department of the Youth Authority
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, the Department of
Corrections, the Department of the Youth Authority, or the Board of
Corrections 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, the Board of Corrections, and
the Department of the Youth Authority shall submit copies of any of
their 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 their 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 website 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, 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 shall submit a quarterly report to be published
electronically on a Department of Corrections website 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 this chapter.
   (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
Department of Justice DNA Testing Fund as created by paragraph (2) of
subdivision (b) of Section 290.3.
   (k) Any funds appropriated by the Legislature to implement this
chapter, including funds or costs ordered pursuant to subdivision (j)
to reimburse counties, shall be deposited into the Department of
Justice DNA Testing Fund as created by paragraph (2) of subdivision
(b) of Section 290.3.
   (l) The Department of Justice DNA Laboratory shall be known as the
Jan Bashinski DNA Laboratory.
295.1.  (a) The Department of Justice shall perform DNA analysis and
other forensic identification analysis pursuant to this chapter only
for identification purposes.
   (b) The Department of Justice Bureau of Criminal Identification
and Information shall perform examinations of palm prints pursuant to
this chapter only for identification purposes.
   (c) The DNA Laboratory of the Department of Justice shall serve as
a repository for blood specimens and buccal swab and other
biological samples collected, and shall analyze specimens and
samples, and store, compile, correlate, compare, maintain, and use
DNA and forensic identification profiles and records related to the
following:
   (1) Forensic casework and forensic unknowns.
   (2) Known and evidentiary specimens and samples from crime scenes
or criminal investigations.
   (3) Missing or unidentified persons.
   (4) Persons required to provide specimens, samples, and print
impressions under this chapter.
   (5) Legally obtained samples.
   (6) Anonymous DNA records used for training, research, statistical
analysis of populations, quality assurance, or quality control.
   (d) The computerized data bank and database of the DNA Laboratory
of the Department of Justice shall include files as necessary to
implement this chapter.
   (e) Nothing in this section shall be construed as requiring the
Department of Justice to provide specimens or samples for quality
control or other purposes to those who request specimens or samples.
   (f) Submission of samples, specimens, or profiles for the state
DNA Database and Data Bank Program shall include information as
required by the Department of Justice for ensuring search
capabilities and compliance with National DNA Index System (NDIS)
standards.


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