AB 584

Under current law, certain persons are required to submit biological specimens

to the crime laboratories for deoxyribonucleic acid (DNA) analysis. These persons

include: a juvenile who has been adjudicated delinquent for certain offenses; a

person who is or was in prison for a felony or found guilty of a felony; a person who

was found guilty of fourth-degree sexual assault, lewd and lascivious behavior, or

exposing genitals to a child for sexual gratification; a person who has been found not

guilty by reason of mental disease or defect for certain sexual assaults; a person who

has been found to be a sexually violent person; and a person who is required by a court

to provide a biological specimen.

This bill requires law enforcement agencies to collect a biological specimen for

DNA analysis from every adult who is arrested for a felony or for fourth-degree

sexual assault, lewd and lascivious behavior, failure to submit a required biological

specimen, or exposing genitals to a child for sexual gratification and from each

juvenile taken into custody for certain sexual assault offenses. The bill requires the

law enforcement agency to submit the specimen to the crime laboratories for DNA

analysis and inclusion of the adult's or minor's DNA profile in the data bank. The

bill provides that the crime laboratories must, at the person's request, expunge

information about a person who was required to submit a biological specimen in

connection only with an arrest if the person is not charged with a crime within one

year of the arrest or, if the person is a juvenile, a delinquency petition is not filed;

criminal charges are dismissed; or the person is found not guilty of the crime.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.