AB 314

Under current law, certain individuals are required to submit biological

specimens to the crime laboratories in the Department of Justice (DOJ) for

deoxyribonucleic acid (DNA) analysis. These individuals include a juvenile who has

been adjudicated delinquent for certain offenses and an individual who has been

found guilty of a felony, fourth-degree sexual assault, lewd and lascivious behavior,

or exposing genitals to a child for sexual gratification. In addition, beginning on

April 1, 2015, law enforcement agencies must obtain a biological specimen from each

individual arrested for a felony or taken into custody for a juvenile offense that would

be a felony if committed by an adult. The law enforcement agency must submit the

specimen to the crime laboratories if the individual was arrested or taken into

custody under a warrant, the court finds probable cause that the individual

committed the offense, or the individual fails to appear at the initial appearance,

preliminary examination, or delinquency proceeding, whichever is appropriate;

otherwise, the law enforcement agency must destroy the specimen within one year

of obtaining it.

This bill eliminates the requirement beginning on April 1, 2015, that law

enforcement agencies obtain a biological specimen from each individual arrested for

a felony or taken into custody for a juvenile offense that would be a felony if

committed by an adult.