AB 2009

Bill Subjects

Abstract

Existing law, the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, an initiative measure, creates in the State Treasury the state's DNA Identification Fund, and makes its revenue, upon appropriation by the Legislature, available to the Attorney General solely to support DNA testing and to offset the impacts of increased testing. That act also provides for an increase in criminal penalties allocated to state and local government to fund the expansion of DNA collection as required by the act. Existing law allocates 70% of the funds, attributable to that increase in fees, to the state within the first 2 years following the approval of the act; 50% of the funds, attributable to the increase in the fees, to the state in the 3rd year; and thereafter, 25% of the funds, attributable to the increase in the fees, to the state, with the remaining funds allocated to local governments. Existing law provides that any funds remaining in a county's share of the increase in fees may be used for specified purposes, including expenditures made in connection with the processing, analysis, tracking, and storage of DNA crime scene samples from cases in which DNA evidence would be useful in identifying or prosecuting suspects, which includes the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA crime scene samples. This bill would specifically provide that a county's remaining share of funds attributable to the increase in fees as required by the act may, if authorized by a resolution of the board of supervisors, be used by a local sheriff, police, district attorney, or regional state crime laboratory for expenditures and administrative costs made or incurred for utilizing an authorized laboratory for the processing and analysis of forensic identification samples and testimony related to that analysis in order to expedite the analysis of crime scene samples in order to expedite and proceed with a pending criminal action or investigation within that county. The DNA Fingerprint, Unsolved Crime and Innocence Protection Act specifies that its provisions may be amended by the Legislature if the amendment furthers the act and is consistent with the purpose of the act to enhance the use of DNA identification evidence for the purpose of accurate and expeditious crime solving and for exonerating the innocent. This bill also contains the Legislature's finding that this bill furthers, and is consistent with, the purpose of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act to enhance the use of DNA identification evidence for the purpose of accurate and expeditious crime solving and for exonerating the innocent by accelerating the testing of DNA samples that cannot be handled in an expeditious manner without the use of an outside laboratory.