Bill Text: CA AB434 | 2011-2012 | Regular Session | Chaptered
Bill Title: County penalties: forensic laboratories.
Sponsorship: Partisan Bill (Republican 1)
Status: (Passed) 2011-08-31 - Chaptered by Secretary of State - Chapter 195, Statutes of 2011. [AB434 Detail]
Download: California-2011-AB434-Chaptered.html
BILL NUMBER: AB 434 CHAPTERED
BILL TEXT
CHAPTER 195
FILED WITH SECRETARY OF STATE AUGUST 31, 2011
APPROVED BY GOVERNOR AUGUST 31, 2011
PASSED THE SENATE AUGUST 15, 2011
PASSED THE ASSEMBLY APRIL 11, 2011
AMENDED IN ASSEMBLY MARCH 29, 2011
INTRODUCED BY Assembly Member Logue
FEBRUARY 14, 2011
An act to amend Section 76104.6 of the Government Code, relating
to county penalties.
LEGISLATIVE COUNSEL'S DIGEST
AB 434, Logue. County penalties: forensic laboratories.
Existing law, the DNA Fingerprint, Unsolved Crime and Innocence
Protection Act, an initiative measure, requires an additional penalty
of $1 for every $10 or part thereof to be levied in each county upon
every fine, penalty, or forfeiture imposed and collected by the
courts for all criminal offenses, as specified. The act requires the
county board of supervisors to establish in the county treasury a DNA
Identification Fund, into which the collected penalties are to be
deposited. The act specifies the purposes for which funds in the
county's DNA Identification Fund may be used, including to reimburse
local sheriff, police, district attorney, and regional state crime
laboratories for expenditures and administrative costs made or
incurred in connection with the processing, analysis, tracking, and
storage of DNA crime scene samples, as specified. The act provides
for its amendment by the Legislature if the amendments further the
act and are consistent with its purposes to enhance the use of DNA
identification evidence for the purpose of accurate and expeditious
crime solving and exonerating the innocent.
This bill would provide that, if authorized by a resolution of the
board of supervisors, a local sheriff or police department, or the
district attorney's office, may use funds remaining in the county's
DNA Identification Fund, either independently or in combination with
remaining funds from another county, to provide supplemental funding
to a qualified local or regional state forensic laboratory, as
defined, for expenditures and administrative costs made or incurred
in connection with the processing, analysis, and comparison of DNA
crime scene samples and forensic identification samples, and
testimony related to that analysis, as specified. The bill would
declare that its provisions further the initiative act, and are
consistent with its purposes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76104.6 of the Government Code is amended to
read:
76104.6. (a) (1) Except as otherwise provided in this section,
for the purpose of implementing the DNA Fingerprint, Unsolved Crime
and Innocence Protection Act (Proposition 69), as approved by the
voters at the November 2, 2004, statewide general election, there
shall be levied an additional penalty of one dollar ($1) for every
ten dollars ($10), or part of ten dollars ($10), in each county upon
every fine, penalty, or forfeiture imposed and collected by the
courts for all criminal offenses, including all offenses involving a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code.
(2) The penalty imposed by this section shall be collected
together with and in the same manner as the amounts established by
Section 1464 of the Penal Code. The moneys shall be taken from fines
and forfeitures deposited with the county treasurer prior to any
division pursuant to Section 1463 of the Penal Code. The board of
supervisors shall establish in the county treasury a DNA
Identification Fund into which shall be deposited the moneys
collected pursuant to this section. The moneys of the fund shall be
allocated pursuant to subdivision (b).
(3) The additional penalty does not apply to the following:
(A) A restitution fine.
(B) A penalty authorized by Section 1464 of the Penal Code or this
chapter.
(C) A parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(b) (1) The fund moneys described in subdivision (a), together
with any interest earned thereon, shall be held by the county
treasurer separate from any funds subject to transfer or division
pursuant to Section 1463 of the Penal Code. Deposits to the fund may
continue through and including the 20th year after the initial
calendar year in which the surcharge is collected, or longer if and
as necessary to make payments upon any lease or leaseback arrangement
utilized to finance any of the projects specified herein.
(2) On the last day of each calendar quarter of the year specified
in this subdivision, the county treasurer shall transfer fund moneys
in the county's DNA Identification Fund to the Controller for credit
to the state's DNA Identification Fund, which is hereby established
in the State Treasury, as follows:
(A) In the first two calendar years following the effective date
of this section, 70 percent of the amounts collected, including
interest earned thereon.
(B) In the third calendar year following the effective date of
this section, 50 percent of the amounts collected, including interest
earned thereon.
(C) In the fourth calendar year following the effective date of
this section and in each calendar year thereafter, 25 percent of the
amounts collected, including interest earned thereon.
(3) Funds remaining in the county's DNA Identification Fund shall
be used only for the following purposes:
(A) To reimburse local sheriff or other law enforcement agencies
for the collection of DNA specimens, samples, and print impressions
pursuant to this chapter.
(B) For expenditures and administrative costs made or incurred to
comply with the requirements of paragraph (5) of subdivision (b) of
Section 298 of the Penal Code, including the procurement of equipment
and software integral to confirming that a person qualifies for
entry into the Department of Justice DNA and Forensic Identification
Database and Data Bank Program.
(C) To reimburse local sheriff, police, district attorney, and
regional state crime laboratories for expenditures and administrative
costs made or incurred in connection with the processing, analysis,
tracking, and storage of DNA crime scene samples from cases in which
DNA evidence would be useful in identifying or prosecuting suspects,
including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA crime scene
samples from unsolved cases.
(D) (i) If authorized by a resolution of the board of supervisors,
and after the distributions provided in subparagraphs (A), (B), and
(C), a local sheriff or police department, or the district attorney's
office, may use remaining funds, either independently or in
combination with remaining funds from another county, to provide
supplemental funding to a qualified local or regional state forensic
laboratory for expenditures and administrative costs made or incurred
in connection with the processing, analysis, and comparison of DNA
crime scene samples and forensic identification samples, and
testimony related to that analysis. This subparagraph shall apply
only to those counties that do not have a local public law
enforcement laboratory, and does not authorize any transfer that will
interfere with the operation of subparagraph (A). Any supplemental
funding provided pursuant to this subparagraph shall not be used to
supplant funds already allocated to a qualified local or regional
state forensic laboratory by the state's DNA Identification Fund.
(ii) For purposes of this subparagraph, a qualified local or
regional state forensic laboratory is a Department of Justice
regional forensic laboratory or a local law enforcement agency
forensic laboratory that meets state and federal requirements for
contributing DNA profiles for inclusion in California's DNA databank,
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.
(4) The state's DNA Identification Fund shall be administered by
the Department of Justice. Funds in the state's DNA Identification
Fund, upon appropriation by the Legislature, shall be used by the
Attorney General only to support DNA testing in the state and to
offset the impacts of increased testing and shall be allocated as
follows:
(A) Of the amount transferred pursuant to subparagraph (A) of
paragraph (2) of subdivision (b), 90 percent to the Department of
Justice DNA Laboratory, first, to comply with the requirements of
Section 298.3 of the Penal Code and, second, for expenditures and
administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended by Chapter 6
(commencing with Section 295) of Title 9 of Part 1 of the Penal Code,
and 10 percent to the Department of Justice Information Bureau
Criminal History Unit for expenditures and administrative costs that
have been approved by the Chief of the Department of Justice Bureau
of Forensic Services made or incurred to update equipment and
software to facilitate compliance with the requirements of
subdivision (e) of Section 299.5 of the Penal Code.
(B) Of the amount transferred pursuant to subparagraph (B) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice DNA Laboratory, first, to comply with the
requirements of Section 298.3 of the Penal Code and, second, for
expenditures and administrative costs made or incurred in connection
with the processing, analysis, tracking, and storage of DNA specimens
and samples including the procurement of equipment and software for
the processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
(C) Of the amount transferred pursuant to subparagraph (C) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice to the DNA Laboratory to comply with the
requirements of Section 298.3 of the Penal Code and for expenditures
and administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
(c) On or before April 1 in the year following adoption of this
section, and annually thereafter, the board of supervisors of each
county shall submit a report to the Legislature and the Department of
Justice. The report shall include the total amount of fines
collected and allocated pursuant to this section, and the amounts
expended by the county for each program authorized pursuant to
paragraph (3) of subdivision (b). The Department of Justice shall
make the reports publicly available on the department's Internet Web
site.
(d) All requirements imposed on the Department of Justice pursuant
to the DNA Fingerprint, Unsolved Crime and Innocence Protection Act
are contingent upon the availability of funding and are limited by
revenue, on a fiscal year basis, received by the Department of
Justice pursuant to this section and any additional appropriation
approved by the Legislature for purposes related to implementing this
act.
(e) Upon approval of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, the Legislature shall lend the Department
of Justice General Fund in the amount of seven million dollars
($7,000,000) for purposes of implementing the act. The loan shall be
repaid with interest calculated at the rate earned by the Pooled
Money Investment Account at the time the loan is made. Principal and
interest on the loan shall be repaid in full no later than four years
from the date the loan was made and shall be repaid from revenue
generated pursuant to this section.
(f) Notwithstanding any other law, the Controller may use the
state's DNA Identification Fund, created pursuant to paragraph (2) of
subdivision (b), for loans to the General Fund as provided in
Sections 16310 and 16381. Any such loan shall be repaid from the
General Fund with interest computed at 110 percent of the Pooled
Money Investment Account rate, with the interest commencing to accrue
on the date the loan is made from the fund. This subdivision does
not authorize any transfer that will interfere with the carrying out
of the object for which the state's DNA Identification Fund was
created.
SEC. 2. The Legislature hereby finds and declares that the
amendments made by this act to Section 76104.6 of the Government Code
further the DNA Fingerprint, Unsolved Crime and Innocence Protection
Act as enacted by the approval of Proposition 69 at the November 3,
2004, general election, and is consistent with the act's purposes.
