AB 315

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 and inclusion of the DNA profile in the data

bank. These individuals include a juvenile who has been adjudicated delinquent for

certain offenses and an individual who has been found guilty of certain offenses.

Beginning 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. These specimens will be submitted

to the crime laboratories for analysis and inclusion in the data banks only upon

certain circumstances; otherwise, the law enforcement agency must destroy the

specimen within one year of obtaining it. If, at the time the individual is charged with

the felony offense, the court determines that a biological specimen was not obtained

when he or she was arrested or taken into custody, the court must order a law

enforcement agency to obtain the specimen.

Under current law, an individual whose DNA data are in the data bank due to

a conviction or adjudication may request expungement on the grounds that the

conviction or adjudication has been reversed, set aside, or vacated. If the crime

laboratories receive a certified copy of the court order reversing, setting aside, or

vacating the conviction or adjudication, the laboratories must purge all records and

identifiable information in the data bank pertaining to the individual and destroy

all samples from the individual. Beginning April 1, 2015, if an individual submitted

a specimen at arrest or when taken into custody, or by court order if, when the

charges were filed, the judge determined that the individual had not submitted a

specimen, DOJ must similarly purge all records and information upon a written

request from the individual if all charges requiring submission have been dismissed;

if the trial court reached a final disposition and the individual was not found guilty

of any charges requiring submission; if at least one year has passed since the arrest

and the individual has not been charged; or if the individual was found guilty of a

crime requiring submission but all such convictions have since been reversed, set

aside, or vacated.

Under this bill, beginning April 1, 2015, if a court reaches final disposition for

all charges or allegations for which a person was required to provide a biological

specimen at arrest or charging and the person is not adjudged guilty or delinquent

on any such charge or allegation, the court must inform DOJ. Then DOJ must purge

all records and information, and destroy all samples, in the data bank pertaining to

the person.