CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 [295. - 300.4.]

Chapter 6 added by Stats. 1998, Ch. 696, Sec. 2.

§§ 295–300.4 · 20 sections

1. ARTICLE 1. Purpose and Administration §§ 295–295.2 · 3 sections

   • § 295 (a) This chapter shall be known and may be cited as the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended. (b) The people of the…
   • § 295.1 (a) The Department of Justice shall perform DNA analysis and other forensic identification analysis pursuant to this chapter only for identification purposes.…
   • § 295.2 The DNA and forensic identification database and databank and the Department of Justice DNA Laboratory shall not be used as a source of genetic material for…
2. ARTICLE 2. Offenders Subject to Sample Collection §§ 296–296.2 · 3 sections

   • § 296 (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other…
   • § 296.1 (a) The specimens, samples, and print impressions required by this chapter shall be collected from persons described in subdivision (a) of Section 296 for…
   • § 296.2 (a) Whenever the DNA Laboratory of the Department of Justice notifies the Department of Corrections and Rehabilitation or any law enforcement agency that a…
3. ARTICLE 3. Data Base Applications § 297 · 1 section

   • § 297 (a) Subject to the limitations in paragraph (3) of this subdivision, only the following laboratories are authorized to analyze crime scene samples and other…
4. ARTICLE 4. Collection and Forwarding of Samples §§ 298–298.3 · 4 sections

   • § 298 (a) The Secretary of the Department of Corrections and Rehabilitation, or the Chief Administrative Officer of the detention facility, jail, or other facility… see note
   • § 298.1 (a) On and after January 1, 1999, any person who refuses to give any or all of the following, blood specimens, saliva samples, or thumb or palm print…
   • § 298.2 (a) Any person who is required to submit a specimen sample or print impression pursuant to this chapter who engages or attempts to engage in any of the…
   • § 298.3 (a) To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI’s CODIS System and the state’s DNA Database and…
5. ARTICLE 5. Expungement of Information § 299 · 1 section

   • § 299 (a) A person whose DNA profile has been included in the databank pursuant to this chapter shall have his or her DNA specimen and sample destroyed and… see note
6. ARTICLE 6. Limitations on Disclosure §§ 299.5–299.7 · 3 sections

   • § 299.5 (a) All DNA and forensic identification profiles and other identification information retained by the Department of Justice pursuant to this chapter are exempt…
   • § 299.6 (a) Nothing in this chapter shall prohibit the Department of Justice, in its sole discretion, from the sharing or disseminating of population database or data…
   • § 299.7 The Department of Justice is authorized to dispose of unused specimens and samples, unused portions of specimens and samples, and expired specimens and samples…
7. ARTICLE 7. Construction and Severability §§ 300–300.4 · 5 sections

   • § 300 Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA or forensic…
   • § 300.1 (a) Nothing in this chapter shall be construed to restrict the authority of local law enforcement to maintain their own DNA-related databases or data banks, or…
   • § 300.2 Any requirement to provide saliva samples pursuant to this chapter shall be construed as a requirement to provide buccal swab samples as of the effective date…
   • § 300.3 The duties and requirements of the Department of Corrections and the Department of the Youth Authority pursuant to this chapter shall commence on July 1, 1999.
   • § 300.4 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…