2009 California Penal Code - Section 297 :: Article 3. Data Base Applications

PENAL CODE
SECTION 297

297.  (a) Subject to the limitations in paragraph (3) of this
subdivision, only the following laboratories are authorized to
analyze crime scene samples and other forensic identification samples
of known and unknown origin and to upload and compare those profiles
against available state and national DNA and forensic identification
databanks and databases in order to establish identity and origin of
samples for forensic identification purposes pursuant to this
chapter:
   (1) The DNA laboratories of the Department of Justice that meet
state and federal requirements, including the Federal Bureau of
Investigation (FBI) Quality Assurance Standards, and that are
accredited by an organization approved by the National DNA Index
System (NDIS) Procedures Board.
   (2) Public law enforcement crime laboratories designated by the
Department of Justice that meet state and federal requirements,
including the FBI Quality Assurance Standards, and that are
accredited by an organization approved by the NDIS Procedures Board.
   (3) Only the laboratories of the Department of Justice that meet
the requirements of paragraph (1) of subdivision (a) are authorized
to upload DNA profiles from arrestees and other qualifying offender
samples collected pursuant to this section, Section 296, and Section
296.2.
   (b) The laboratories of the Department of Justice and public law
enforcement crime laboratories that meet the requirements of
subdivision (a) may, subject to the laboratory's discretion, and the
limitations of paragraph (3) of subdivision (a), upload to available
state and national DNA and forensic identification databanks and
databases qualifying DNA profiles from forensic identification
samples of known and unknown origin that are generated by private
forensic laboratories that meet state and federal requirements,
including the FBI Quality Assurance Standards, and that are
accredited by an organization approved by the NDIS Procedures Board.
Prior to uploading DNA profiles generated by a private laboratory,
the public laboratory shall conduct the quality assessment and review
required by the FBI Quality Assurance Standards.
   (c) (1) A biological sample obtained from a suspect in a criminal
investigation for the commission of any crime may be analyzed for
forensic identification profiles, including DNA profiles, by the DNA
Laboratory of the Department of Justice or any law enforcement crime
laboratory or private forensic laboratory that meets all of the FBI
Quality Assurance Standards and accreditation requirements in
paragraphs (1) and (2) of subdivision (a) and then compared by the
Department of Justice in and between as many cases and investigations
as necessary, and searched against the forensic identification
profiles, including DNA profiles, stored in the files of the
Department of Justice DNA databank or database or any available
databanks or databases as part of the Department of Justice DNA
Database and databank Program.
   (2) The law enforcement investigating agency submitting a
specimen, sample, or print impression to the DNA Laboratory of the
Department of Justice or law enforcement crime laboratory pursuant to
this section shall inform the Department of Justice DNA Laboratory
within two years whether the person remains a suspect in a criminal
investigation. Upon written notification from a law enforcement
agency that a person is no longer a suspect in a criminal
investigation, the Department of Justice DNA Laboratory shall remove
the suspect sample from its databank files and databases. However,
any identification, warrant, arrest, or prosecution based upon a
databank or database match shall not be invalidated or dismissed due
to a failure to purge or delay in purging records.
   (d) All laboratories, including the Department of Justice DNA
laboratories, contributing DNA profiles for inclusion in California's
DNA databank shall meet state and federal requirements, including
the FBI Quality Assurance Standards and accreditation requirements,
and shall be accredited by an organization approved by the National
DNA Index System (NDIS) Procedures Board. Additionally, each
laboratory shall submit to the Department of Justice for review the
annual report required by the submitting laboratory's accrediting
organization that documents the laboratory's adherence to FBI Quality
Assurance Standards and the standards of the accrediting
organization. The requirements of this subdivision do not preclude
DNA profiles developed in California from being searched in the NDIS.
   (e) Nothing in this section precludes local law enforcement DNA
laboratories from maintaining local forensic databases and databanks
or performing forensic identification analyses, including DNA
profiling, independently from the Department of Justice DNA
laboratories and Forensic Identification Data Base and databank
Program.
   (f) The limitation on the types of offenses set forth in
subdivision (a) of Section 296 as subject to the collection and
testing procedures of this chapter is for the purpose of facilitating
the administration of this chapter by the Department of Justice, and
shall not be considered cause for dismissing an investigation or
prosecution or reversing a verdict or disposition.
   (g) The detention, arrest, wardship, adjudication, or conviction
of a person based upon a databank match or database information is
not invalidated if it is determined that the specimens, samples, or
print impressions were obtained or placed or retained in a databank
or database by mistake.


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