Mandatory DNA Sampling of Sex Offenses Law
Penal Code former section 290.2, as in effect in 1991, required persons convicted of specified sex offenses, including rape, or of murder or felony assault and battery, and who were "discharged or paroled from" a "state prison, county jail, or any institution," to "provide two specimens of blood and a saliva sample."
It provided that the blood should be withdrawn in a medically approved manner.
It required the Department of Justice to perform a DNA analysis on the specimens, and provided that "DNA analysis and other genetic typing analysis" could be used only for law enforcement purposes.
It authorized the Department of Justice to maintain a computerized data bank system for the purposes of filing DNA and other genetic typing information, and prohibited the inclusion of such information in the state summary criminal history information.
The data could be collected only from the individuals convicted of the specified crimes or from crime scenes.
Evidence taken from a crime scene was to be "stricken from the data bank when it is determined that the person is no longer a suspect in the case." (Pen. Code, 290.2; Stats. 1989, ch. 1304, 1.5, pp. 5176-5178.)
DNA or other genetic typing information could be disseminated only to law enforcement agencies and district attorney offices, or to defense counsel for defense purposes in compliance with discovery. (Pen. Code, former 290.2, subds. (e), (g).)
Penal Code former section 290.2 was amended in 1993 to permit the use of samples by local public DNA laboratories, and to permit dissemination of genetic typing information to Department of Corrections parole officers and parole authority hearing officers. (Stats. 1993, ch. 457, 1, p. 2539; Stats. 1994, 1st Ex. Sess. 1993-1994, ch. 42, 1, 2.)
In 1996, Penal Code former section 290.2 again was amended to change the time for providing samples from the time of release to the time of commitment to a specified institution. (Stats. 1996, ch. 917, 2.)
Penal Code former section 290.2 was repealed in 1998, and reenacted, with modifications, in Penal Code section 295 et seq. (Stats. 1998, ch. 696, 2.)
The new legislation has expanded the class of persons required to provide samples for DNA testing, and requires such persons to provide replacement specimens if the original samples prove to be unusable. (Pen. Code, 296- 296.2.)