Bill Text: CA AB818 | 2015-2016 | Regular Session | Amended
Bill Title: Criminal procedure: evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB818 Detail]
Download: California-2015-AB818-Amended.html
BILL NUMBER: AB 818 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Quirk
FEBRUARY 26, 2015
An act to add Sections 1405.2, 1405.3, and 1405.4 to the Penal
Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 818, as amended, Quirk. Criminal procedure: evidence.
Existing law allows an incarcerated person who has been convicted
of a felony to make a written motion for the performance of forensic
deoxyribonucleic acid (DNA) testing according to a specified
procedure. Existing law allows the court to order a hearing on the
motion if the court determines the convicted person has met specified
requirements and that the hearing is necessary. Existing law
requires the motion to be granted if certain facts have been
established, including, among others, that the identity of the
perpetrator of the crime was, or should have been, a significant
issue in the case.
This bill would authorize a party in a criminal action to make a
written motion for the comparison of DNA evidence,
evidence or latent fingerprint evidence, or
firearms-related evidence with information contained in
relevant databases. The bill would require the party seeking the
comparison to provide written notice, as specified, 30 court days
prior to a hearing on the motion. The bill would require
authorize the court to grant the motion
if, in the case of a DNA comparison, if the
source of the DNA profile or the latent fingerprint comparison
is material to guilt or innocence, in the case of
latent print comparison, the comparison may identify the putative
perpetrator of the crime, or, in the case of firearms-related
evidence comparison, the comparison may provide evidence that is
material to guilt or innocence. innocence. The
bill would require that the local law enforcement
agency to conduct the comparison and provide the results
of any comparison to the court. The bill would require the
court, if the results are material, to disclose the results to the
parties. court for distribution to the parties.
By imposing additional duties on local law enforcement agencies with
regard to evidence comparison, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares both of the
following:
(1) One of the purposes of a criminal trial is the ascertainment
of the truth of the charges against the accused person.
Deoxyribonucleic acid (DNA) profile comparisons, latent fingerprint
comparison, and firearms comparison evidence are commonly used in
criminal proceedings to help identify the perpetrator of the crime.
With these techniques, the evidence from a crime scene is compared
with information stored in a database to determine whether the DNA
profile or fingerprint matches a previously convicted person, who may
then be identified as a suspect, or whether
firearms-related evidence appears to match firearms-related evidence
used in another crime, thereby potentially identifying a suspect.
suspect. The systems commonly used are known as
the Combined DNA Index System (CODIS),
(CODIS) and the Integrated Automated Fingerprint Identification
System (IAFIS), and the National Integrated Ballistic
Information Network (NIBIN). (IAFIS). There are
also local databases, including the Los Angeles Automated Fingerprint
Identification System (LAFIS) and other databases that
utilize an Integrated Ballistics Identification System (IBIS).
(LAFIS).
(2) Currently, a law enforcement agency on its own or at the
request of the prosecuting attorney has the sole discretion to
determine if evidence recovered from a crime scene is searched
against any of these databases. A court does not have the power on
its own to order a search of these databases even if a search will
lead to relevant exculpatory evidence, helping prove that the person
accused of a crime is being wrongfully prosecuted, or helping
identify the actual perpetrator of the crime.
(b) It is the intent of the Legislature that the act that added
this section grant a court the authority to make a pretrial order to
compare relevant evidence with information contained in these
databases. It is further the intent of the Legislature that the act
that added this section will promote fairness and justice, will
prevent wrongful convictions, and will ensure that the guilty are
prosecuted and the innocent exonerated.
SEC. 2. Section 1405.2 is added to the Penal Code, to read:
1405.2. (a) (1) A party in a criminal action may make a written
motion for the comparison of deoxyribonucleic acid (DNA) obtained
from biological evidence in the case with DNA profiles contained in
the State DNA Index System (SDIS) and, if appropriate, the National
DNA Index System (NDIS).
(2) This subdivision does not require a prosecuting attorney to
file the motion described in paragraph (1) prior to comparing DNA
obtained from biological evidence in a case with DNA profiles
contained in SDIS or NDIS.
(b) The party seeking the comparison shall provide written notice
to the local law enforcement agency and opposing counsel 30 court
days prior to a hearing on the motion.
(c) The court shall may grant the
motion for DNA comparison if it determines that the source of the DNA
profile is material to guilt or innocence.
(d) (1) If the court grants
the motion for DNA comparison, the court shall order the local law
enforcement agency to conduct the comparison and order that the
identity of any individuals whose DNA profile matched the DNA
submitted for comparison, if available, and a description of DNA
profiles that matched the DNA submitted for comparison, if no
identity is associated with the matching DNA profile, be provided to
the court. court for distribution to the
parties.
(2) The court shall review any results submitted pursuant to
paragraph (1) and determine if the results are material. Upon a
finding of materiality, the court shall disclose the results to the
parties.
SEC. 3. Section 1405.3 is added to the Penal Code, to read:
1405.3. (a) (1) A party in a criminal action may make a written
motion for the comparison of latent print evidence in the case with
fingerprints contained in the Integrated Automated Fingerprint
Identification System (IAFIS) and in local fingerprint databases,
including, but not limited to, the Los Angeles Automated Fingerprint
Identification Systems (LAFIS).
(2) This subdivision does not require a prosecuting attorney to
file the motion described in paragraph (1) prior to comparing latent
print evidence in a case with fingerprints contained in IAFIS or
local fingerprint databases.
(b) The party seeking the comparison shall provide written notice
to the local law enforcement agency and opposing counsel 30 court
days prior to a hearing on the motion.
(c) The court shall grant the motion for latent print comparison
if it determines that the comparison may identify the putative
perpetrator of the crime.
(c) The court may grant the motion for latent print comparison if
it determines that the comparison is material to guilt or innocence.
(d) (1) If the court grants
the motion for latent print comparison, the court shall order the
local law enforcement agency to conduct the comparison and order that
the identity of any individuals whose fingerprints match the latent
prints submitted for comparison be provided to the court.
court for distribution to the parties.
(2) The court shall review any results submitted pursuant to
paragraph (1) and determine if the results are material. Upon a
finding of materiality, the court shall disclose the results to the
parties.
SEC. 4. Section 1405.4 is added to the Penal
Code, to read:
1405.4. (a) (1) A party in a criminal action may make a written
motion for the comparison of firearms-related evidence, including,
but not limited to, cartridge casings, bullets, or firearms, in the
case with firearms-related data contained in an Integrated Ballistics
Identification System (IBIS), the National Integrated Ballistic
Information Network (NIBIN), or both.
(2) This subdivision does not require a prosecuting attorney to
file the motion described in paragraph (1) prior to comparing
firearms-related evidence in a case with firearms-related data
contained in an IBIS or the NIBIN.
(b) The party seeking the comparison shall provide written notice
to the local law enforcement agency and opposing counsel 30 court
days prior to a hearing on the motion.
(c) The court shall grant the motion for firearms-related evidence
comparison if it determines that the comparison may provide evidence
that is material to guilt or innocence.
(d) (1) If the court grants the motion for firearms-related
evidence comparison, the court shall order the local law enforcement
agency to conduct the comparison and order that the identity of any
individual associated with firearms-related data that matched the
firearms-related evidence submitted for comparison be provided to the
court.
(2) The court shall review any results submitted pursuant to
paragraph (1) and determine if the results are material. Upon a
finding of materiality, the court shall disclose the results to the
parties.
SEC. 5. SEC. 4. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
