AB 893

Under current law, certain people are required to provide a deoxyribonucleic

acid (DNA) sample to the Department of Justice (DOJ), and DOJ is required to

analyze the sample and include results of the analysis in a DNA data bank. Since

1993, persons sentenced, or in prison, for certain sexual assaults have been required

to provide DNA samples. Since 2000, persons sentenced, or in prison, for any felony

and several specified misdemeanors have been required to provide DNA samples.

In addition, persons committed as sexually violent persons, persons found not guilty

by reason of mental disease or defect for certain sexual assaults, and juveniles

adjudicated delinquent for certain sexual assaults or, at the discretion of the court,

certain other offenses, are required to provide a DNA sample. A person who

intentionally fails to comply with a requirement to provide a DNA sample is guilty

of a misdemeanor.

Current statutes specify when and where each category of people required to

provide a DNA sample must provide the DNA sample. Administrative rules also

specify when and where people must provide DNA samples, although the rule

requirements are somewhat different than the statutory requirements for certain

categories. For example, under both the statute and the rule, a person sentenced to

prison must provide a DNA sample while in prison if directed to do so by the

Department of Corrections (DOC). If the person does not provide the DNA sample

while in prison, under the statute, the person must provide the sample at the sheriff's

office as soon as practicable after release, as directed by a supervising agent; and

under the rule, the person must provide the sample at the sheriff's office or as

directed by his or her supervising agent. Under the statutes, a person placed on

probation must provide the DNA sample at the office of a county sheriff as soon after

placement as practicable, as directed by his or her supervising agent. Under the rule,

a person placed on probation must provide the DNA sample at the office of a county

sheriff as soon after the placement as practicable, or as directed by his or her

supervising agent.

This bill specifies that a requirement to provide a DNA sample does not expire

when a person completes serving probation, a sentence, or a delinquency disposition

or is released from commitment. For example, if a person is required to provide a

DNA sample because he or she was in prison for a felony on or after January 1, 2000,

and the person does not provide the DNA sample before leaving prison, he or she is

still required to provide a DNA sample. In addition, the bill provides that regardless

of whether a person already provided a DNA sample, if DOJ does not have DNA

analysis results for the person, DOJ may require the person to provide another DNA

sample.

The bill establishes a process under which a district attorney may petition the

court to compel a person to provide a DNA sample if the person is required to provide

a DNA sample but refuses or fails to do so. Under the bill, if the district attorney