2009 California Penal Code - Section 296-296.2 :: Article 2. Offenders Subject To Sample Collection

PENAL CODE
SECTION 296-296.2

296.  (a) The following persons shall provide buccal swab samples,
right thumbprints, and a full palm print impression of each hand, and
any blood specimens or other biological samples required pursuant to
this chapter for law enforcement identification analysis:
   (1) Any person, including any juvenile, who is convicted of or
pleads guilty or no contest to any felony offense, or is found not
guilty by reason of insanity of any felony offense, or any juvenile
who is adjudicated under Section 602 of the Welfare and Institutions
Code for committing any felony offense.
   (2) Any adult person who is arrested for or charged with any of
the following felony offenses:
   (A) Any felony offense specified in Section 290 or attempt to
commit any felony offense described in Section 290, or any felony
offense that imposes upon a person the duty to register in California
as a sex offender under Section 290.
   (B) Murder or voluntary manslaughter or any attempt to commit
murder or voluntary manslaughter.
   (C) Commencing on January 1 of the fifth year following enactment
of the act that added this subparagraph, as amended, any adult person
arrested or charged with any felony offense.
   (3) Any person, including any juvenile, who is required to
register under Section 290 or 457.1 because of the commission of, or
the attempt to commit, a felony or misdemeanor offense, or any
person, including any juvenile, who is housed in a mental health
facility or sex offender treatment program after referral to such
facility or program by a court after being charged with any felony
offense.
   (4) The term "felony" as used in this subdivision includes an
attempt to commit the offense.
   (5) Nothing in this chapter shall be construed as prohibiting
collection and analysis of specimens, samples, or print impressions
as a condition of a plea for a non-qualifying offense.
   (b) The provisions of this chapter and its requirements for
submission of specimens, samples and print impressions as soon as
administratively practicable shall apply to all qualifying persons
regardless of sentence imposed, including any sentence of death, life
without the possibility of parole, or any life or indeterminate
term, or any other disposition rendered in the case of an adult or
juvenile tried as an adult, or whether the person is diverted, fined,
or referred for evaluation, and regardless of disposition rendered
or placement made in the case of juvenile who is found to have
committed any felony offense or is adjudicated under Section 602 of
the Welfare and Institutions Code.
   (c) The provisions of this chapter and its requirements for
submission of specimens, samples, and print impressions as soon as
administratively practicable by qualified persons as described in
subdivision (a) shall apply regardless of placement or confinement in
any mental hospital or other public or private treatment facility,
and shall include, but not be limited to, the following persons,
including juveniles:
   (1) Any person committed to a state hospital or other treatment
facility as a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code.
   (2) Any person who has a severe mental disorder as set forth
within the provisions of Article 4 (commencing with Section 2960) of
Chapter 7 of Title 1 of Part 3 of the Penal Code.
   (3) Any person found to be a sexually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
   (d) The provisions of this chapter are mandatory and apply whether
or not the court advises a person, including any juvenile, that he
or she must provide the data bank and database specimens, samples,
and print impressions as a condition of probation, parole, or any
plea of guilty, no contest, or not guilty by reason of insanity, or
any admission to any of the offenses described in subdivision (a).
   (e) If at any stage of court proceedings the prosecuting attorney
determines that specimens, samples, and print impressions required by
this chapter have not already been taken from any person, as defined
under subdivision (a) of Section 296, the prosecuting attorney shall
notify the court orally on the record, or in writing, and request
that the court order collection of the specimens, samples, and print
impressions required by law. However, a failure by the prosecuting
attorney or any other law enforcement agency to notify the court
shall not relieve a person of the obligation to provide specimens,
samples, and print impressions pursuant to this chapter.
   (f) Prior to final disposition or sentencing in the case the court
shall inquire and verify that the specimens, samples, and print
impressions required by this chapter have been obtained and that this
fact is included in the abstract of judgment or dispositional order
in the case of a juvenile. The abstract of judgment issued by the
court shall indicate that the court has ordered the person to comply
with the requirements of this chapter and that the person shall be
included in the state's DNA and Forensic Identification Data Base and
Data Bank program and be subject to this chapter.
   However, failure by the court to verify specimen, sample, and
print impression collection or enter these facts in the abstract of
judgment or dispositional order in the case of a juvenile shall not
invalidate an arrest, plea, conviction, or disposition, or otherwise
relieve a person from the requirements of this chapter.

296.1.  (a) The specimens, samples, and print impressions required
by this chapter shall be collected from persons described in
subdivision (a) of Section 296 for present and past qualifying
offenses of record as follows:
   (1) Collection from any adult person following arrest for a felony
offense as specified in subparagraphs (A), (B), and (C) of paragraph
(2) of subdivision (a) of Section 296:
   (A) Each adult person arrested for a felony offense as specified
in subparagraphs (A), (B), and (C) of paragraph (2) of subdivision
(a) of Section 296 shall provide the buccal swab samples and thumb
and palm print impressions and any blood or other specimens required
pursuant to this chapter immediately following arrest, or during the
booking or intake or prison reception center process or as soon as
administratively practicable after arrest, but, in any case, prior to
release on bail or pending trial or any physical release from
confinement or custody.
   (B) If the person subject to this chapter did not have specimens,
samples, and print impressions taken immediately following arrest or
during booking or intake procedures or is released on bail or pending
trial or is not confined or incarcerated at the time of sentencing
or otherwise bypasses a prison inmate reception center maintained by
the Department of Corrections and Rehabilitation, the court shall
order the person to report within five calendar days to a county jail
facility or to a city, state, local, private, or other designated
facility to provide the required specimens, samples, and print
impressions in accordance with subdivision (i) of Section 295.
   (2) Collection from persons confined or in custody after
conviction or adjudication:
   (A) Any person, including any juvenile who is imprisoned or
confined or placed in a state correctional institution, a county
jail, a facility within the jurisdiction of the Department of
Corrections and Rehabilitation, the Corrections Standards Authority,
a residential treatment program, or any state, local, city, private,
or other facility after a conviction of any felony or misdemeanor
offense, or any adjudication or disposition rendered in the case of a
juvenile, whether or not that crime or offense is one set forth in
subdivision (a) of Section 296, shall provide buccal swab samples and
thumb and palm print impressions and any blood or other specimens
required pursuant to this chapter, immediately at intake, or during
the prison reception center process, or as soon as administratively
practicable at the appropriate custodial or receiving institution or
the program in which the person is placed, if:
   (i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
   (ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
   (3) Collection from persons on probation, parole, or other
release:
   (A) Any person, including any juvenile, who has a record of any
past or present conviction or adjudication for an offense set forth
in subdivision (a) of Section 296, and who is on probation or parole
for any felony or misdemeanor offense, whether or not that crime or
offense is one set forth in subdivision (a) of Section 296, shall
provide buccal swab samples and thumb and palm print impressions and
any blood specimens required pursuant to this chapter, if:
   (i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
   (ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
   (B) The person shall have any required specimens, samples, and
print impressions collected within five calendar days of being
notified by the court, or a law enforcement agency or other agency
authorized by the Department of Justice. The specimens, samples, and
print impressions shall be collected in accordance with subdivision
(i) of Section 295 at a county jail facility or a city, state, local,
private, or other facility designated for this collection.
   (4) Collection from parole violators and others returned to
custody:
   (A) If a person, including any juvenile, who has been released on
parole, furlough, or other release for any offense or crime, whether
or not set forth in subdivision (a) of Section 296, is returned to a
state correctional or other institution for a violation of a
condition of his or her parole, furlough, or other release, or for
any other reason, that person shall provide buccal swab samples and
thumb and palm print impressions and any blood or other specimens
required pursuant to this chapter, at a state correctional or other
receiving institution, if:
   (i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
   (ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
   (5) Collection from persons accepted into California from other
jurisdictions:
   (A) When an offender from another state is accepted into this
state under any of the interstate compacts described in Article 3
(commencing with Section 11175) or Article 4 (commencing with Section
11189) of Chapter 2 of Title 1 of Part 4 of this code, or Chapter 4
(commencing with Section 1300) of Part 1 of Division 2 of the Welfare
and Institutions Code, or under any other reciprocal agreement with
any county, state, or federal agency, or any other provision of law,
whether or not the offender is confined or released, the acceptance
is conditional on the offender providing blood specimens, buccal swab
samples, and palm and thumb print impressions pursuant to this
chapter, if the offender has a record of any past or present
conviction or adjudication in California of a qualifying offense
described in subdivision (a) of Section 296 or has a record of any
past or present conviction or adjudication or had a disposition
rendered in any other court, including any state, federal, or
military court, of any offense that, if committed or attempted in
this state, would have been punishable as an offense described in
subdivision (a) of Section 296.
   (B) If the person is not confined, the specimens, samples, and
print impressions required by this chapter must be provided within
five calendar days after the person reports to the supervising agent
or within five calendar days of notice to the person, whichever
occurs first. The person shall report to a county jail facility in
the county where he or she resides or temporarily is located to have
the specimens, samples, and print impressions collected pursuant to
this chapter. The specimens, samples, and print impressions shall be
collected in accordance with subdivision (i) of Section 295.
   (C) If the person is confined, he or she shall provide the blood
specimens, buccal swab samples, and thumb and palm print impressions
required by this chapter as soon as practicable after his or her
receipt in a state, county, city, local, private, or other designated
facility.
   (6) Collection from persons in federal institutions:
   (A) Subject to the approval of the Director of the FBI, persons
confined or incarcerated in a federal prison or federal institution
who have a record of any past or present conviction or juvenile
adjudication for a qualifying offense described in subdivision (a) of
Section 296, or of a similar crime under the laws of the United
States or any other state that would constitute an offense described
in subdivision (a) of Section 296, are subject to this chapter and
shall provide blood specimens, buccal swab samples, and thumb and
palm print impressions pursuant to this chapter if any of the
following apply:
   (i) The person committed a qualifying offense in California.
   (ii) The person was a resident of California at the time of the
qualifying offense.
   (iii) The person has any record of a California conviction for an
offense described in subdivision (a) of Section 296, regardless of
when the crime was committed.
   (iv) The person will be released in California.
   (B) The Department of Justice DNA Laboratory shall, upon the
request of the United States Department of Justice, forward portions
of the specimens or samples, taken pursuant to this chapter, to the
United States Department of Justice DNA databank laboratory. The
specimens and samples required by this chapter shall be taken in
accordance with the procedures set forth in subdivision (i) of
Section 295. The Department of Justice DNA Laboratory is authorized
to analyze and upload specimens and samples collected pursuant to
this section upon approval of the Director of the FBI.
   (b) Paragraphs (2), (3), (4), (5), and (6) of subdivision (a)
shall have retroactive application. Collection shall occur pursuant
to paragraphs (2), (3), (4), (5), and (6) of subdivision (a)
regardless of when the crime charged or committed became a qualifying
offense pursuant to this chapter, and regardless of when the person
was convicted of the qualifying offense described in subdivision (a)
of Section 296 or a similar crime under the laws of the United States
or any other state, or pursuant to the United States Code of
Military Justice, 10 U.S.C., Sections 801 and following, or when a
juvenile petition is sustained for commission of a qualifying offense
described in subdivision (a) of Section 296 or a similar crime under
the laws of the United States or any other state.

296.2.  (a) Whenever the DNA Laboratory of the Department of Justice
notifies the Department of Corrections and Rehabilitation or any law
enforcement agency that a biological specimen or sample, or print
impression is not usable for any reason, the person who provided the
original specimen, sample, or print impression shall submit to
collection of additional specimens, samples, or print impressions.
The Department of Corrections and Rehabilitation or other responsible
law enforcement agency shall collect additional specimens, samples,
and print impressions from these persons as necessary to fulfill the
requirements of this chapter, and transmit these specimens, samples,
and print impressions to the appropriate agencies of the Department
of Justice.
   (b) If a person, including any juvenile, is convicted of, pleads
guilty or no contest to, is found not guilty by reason of insanity
of, or is adjudged a ward of the court under Section 602 of the
Welfare and Institutions Code for committing, any of the offenses
described in subdivision (a) of Section 296, and has given a blood
specimen or other biological sample or samples to law enforcement for
any purpose, the DNA Laboratory of the Department of Justice is
authorized to analyze the blood specimen and other biological sample
or samples for forensic identification markers, including DNA
markers, and to include the DNA and forensic identification profiles
from these specimens and samples in the state's DNA and forensic
identification databank and databases.
   This subdivision applies whether or not the blood specimen or
other biological sample originally was collected from the sexual or
violent offender pursuant to the databank and database program, and
whether or not the crime committed predated the enactment of the
state's DNA and forensic identification databank program, or any
amendments thereto. This subdivision does not relieve a person
convicted of a crime described in subdivision (a) of Section 296, or
otherwise subject to this chapter, from the requirement to give blood
specimens, saliva samples, and thumb and palm print impressions for
the DNA and forensic identification databank and database program as
described in this chapter.
   (c) Any person who is required to register under the Sex Offender
Registration Act who has not provided the specimens, samples, and
print impressions described in this chapter for any reason including
the release of the person prior to the enactment of the state's DNA
and forensic identification database and databank program, an
oversight or error, or because of the transfer of the person from
another state, the person, as an additional requirement of
registration or of updating his or her annual registration pursuant
to the Sex Offender Registration Act shall give specimens, samples,
and print impressions as described in this chapter for inclusion in
the state's DNA and forensic identification database and databank.
   At the time the person registers or updates his or her
registration, he or she shall receive an appointment designating a
time and place for the collection of the specimens, samples, and
print impressions described in this chapter, if he or she has not
already complied with the provisions of this chapter.
   As specified in the appointment, the person shall report to a
county jail facility in the county where he or she resides or is
temporarily located to have specimens, samples, and print impressions
collected pursuant to this chapter or other facility approved by the
Department of Justice for this collection. The specimens, samples,
and print impressions shall be collected in accordance with
subdivision (f) of Section 295.
   If, prior to the time of the annual registration update, a person
is notified by the Department of Justice, a probation or parole
officer, other law enforcement officer, or officer of the court, that
he or she is subject to this chapter, then the person shall provide
the specimens, samples, and print impressions required by this
chapter within 10 calendar days of the notification at a county jail
facility or other facility approved by the department for this
collection.


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