Article 1. Purpose and Administration SECTION 295-295.1

295. (a) This chapter shall be known and may be cited as the DNA and Forensic Identification Data Base and Data Bank Act of 1998.

(b) The Legislature finds and declares all of the following: (1) Deoxyribonucleic acid (DNA) and forensic identification analysis is a useful law enforcement tool for identifying and prosecuting sexual and violent offenders.

(2) It is the intent of the Legislature, in order to further the purposes of this chapter, to require DNA and forensic identification data bank samples for the felony 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 data base and data bank in order to clarify existing law and to enable the state's DNA and forensic identification data base and data bank program to become a more effective law enforcement tool.

(c) The purpose of the DNA and forensic identification data bank is to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious detection and prosecution of individuals responsible for sex offenses and other violent crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children.

(d) The Department of Justice, through its DNA Laboratory, shall be responsible for the management and administration of the state's DNA data base and data bank identification program and for liaison with the Federal Bureau of Investigation (FBI) regarding the state's participation in a national DNA data base 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.

(e) The Department of Justice shall be responsible for implementing this chapter. The Department of Justice DNA Laboratory, the Department of Corrections, and the Department of the Youth Authority shall 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, saliva samples, and thumb and palm print impressions are collected from qualifying offenders in a timely manner, as soon as possible after conviction, or a plea or finding of guilty, no contest, or not guilty by reason of insanity, or upon the disposition rendered in the case of a juvenile who is adjudged a ward of the court under Section 602 of the Welfare and Institutions Code for commission of any of this chapter's enumerated qualifying offenses, or when it is determined that a qualifying offender has not given the required samples. The Department of Corrections and the Department of the Youth Authority shall adopt the policies and regulations for implementing this chapter with advice from and in consultation with the Department of Justice DNA Laboratory Director.

The Department of Corrections and the Department of the Youth Authority shall submit copies of their policies and regulations with respect to this chapter to the Department of Justice DNA Laboratory Director, and periodically shall submit to the director written reports updating the director as to the status of their compliance with this chapter.

(f) (1) When the specimens, samples, and print impressions required by this chapter are collected at a county jail or other county detention facility, including a private community correctional facility, the county sheriff or chief administrative officer of the county jail or other detention facility shall be responsible for ensuring all of the following:

(A) The requisite specimens, samples, and print impressions are collected from qualifying offenders during the intake 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 offender 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.

(g) Any funds appropriated by the Legislature to implement this chapter, including funds 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.

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 saliva 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.

(2) Known and evidentiary specimens and samples from crime scenes or criminal investigations.

(3) Missing or unidentified persons.

(4) Offenders required to provide specimens, samples, and print impressions under this chapter.

(5) Anonymous DNA records used for training, research, statistical analysis of populations, or quality control.

(d) The computerized data bank 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 samples for quality control or other purposes to those who request samples.

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	\|	Article 2. Offenders Subject to Sample Collection SECTION 296-296.2

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