(1) Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, general election (the DNA Act) requires any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law requires that blood specimens and buccal swab samples be forwarded promptly to the Department of Justice for analysis. Existing case law, People v. Buza (2014) 231 Cal.App.4th 1446, for which review has been granted by the California Supreme Court, holds that the DNA Act, to the extent it requires felony arrestees to submit to a DNA sample for law enforcement analysis and inclusion in the state and federal DNA databases, without independent suspicion, a warrant, or a judicial or grand jury determination of probable cause, unreasonably intrudes on the arrestee's expectation of privacy and is invalid under the California Constitution. The DNA Act provides that it may be amended by a statute passed by each house of the Legislature that furthers the purpose of the measure.
California AB 1492 (20152016) — Forensic testing: DNA samples.
(1) Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, general election (the DNA Act) requires any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law requires that blood specimens and buccal swab samples be forwarded promptly to the Department of Justice for analysis. Existing case law, People v. Buza (2014) 231 Cal.App.4th 1446, for which review has been granted by the California Supreme Court, holds that the DNA Act, to the extent it requires felony arrestees to submit to a DNA sample for law enforcement analysis and inclusion in the state and federal DNA databases, without independent suspicion, a warrant, or a judicial or grand jury determination of probable cause, unreasonably intrudes on the arrestee's expectation of privacy and is invalid under the California Constitution. The DNA Act provides that it may be amended by a statute passed by each house of the Legislature that furthers the purpose of the measure.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
AB 1492 LOW Consent Calendar Second Day — 74–0 (pass) · lower
Placed on suspense file — 7–0 (pass) · upper
Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar — 7–0 (pass) · lower
Do pass. To Consent Calendar. — 17–0 (pass) · lower
Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar — 5–0 (pass) · upper
AB 1492 GATTO Concurrence in Senate Amendments — 76–1 (pass) · lower
Be re-referred to the Committee on [Elections and Redistricting] — 10–0 (pass) · lower
Sponsors
Gatto — primary (person)
Atkins — coauthor (person)
Timeline
The legislative action history — every referral, reading, and vote.
2015-02-27 Introduced. To print. introduction
2015-03-01 From printer. May be heard in committee March 31.
2015-03-02 Read first time. reading-1
2015-03-26 Referred to Com. on INS. referral-committee
2015-03-26 From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended. reading-2, amendment-introduction, amendment-passage, reading-1
2015-04-06 Re-referred to Com. on INS. referral-committee
2015-04-15 From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended. reading-2, amendment-introduction, amendment-passage, reading-1
2015-04-16 Re-referred to Com. on INS. referral-committee
2015-04-20 Re-referred to Com. on RLS. pursuant to Assembly Rule 96. referral-committee
2015-04-22 In committee: Set, first hearing. Hearing canceled at the request of author.
2015-04-23 From committee: Be re-referred to Com. on E. & R. Re-referred. (Ayes 10. Noes 0.) (April 23). Re-referred to Com. on E. & R. referral-committee, committee-passage
2015-04-29 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 29). amendment-introduction, committee-passage, amendment-passage
2015-04-30 Read second time and amended. amendment-passage, reading-2, reading-1
2015-05-04 Re-referred to Com. on APPR. referral-committee
2015-05-13 From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13). committee-passage-favorable, committee-passage
2015-05-14 Read second time. Ordered to Consent Calendar. reading-2, reading-1
2015-05-22 Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1560.) reading-3, passage, reading-1
2015-05-22 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2015-06-04 Referred to Com. on E. & C.A. referral-committee
2015-06-16 From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 16). Re-referred to Com. on APPR. referral-committee, committee-passage-favorable, committee-passage
2015-06-25 In committee: Hearing postponed by committee.
2015-06-29 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. referral-committee, reading-2, amendment-introduction, amendment-passage, reading-1
2015-06-30 Withdrawn from committee.
2015-06-30 Re-referred to Com. on RLS. referral-committee
2015-07-01 Re-referred to Com. on PUB. S. referral-committee
2015-07-16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14). amendment-introduction, committee-passage, amendment-passage
2015-07-16 Read second time and amended. Re-referred to Com. on APPR. referral-committee, reading-2, amendment-passage, reading-1
2015-08-17 In committee: Referred to APPR. suspense file. referral-committee
2015-08-27 From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 27). amendment-introduction, committee-passage, amendment-passage
2015-08-31 Read second time and amended. Ordered to third reading. amendment-passage, reading-2, reading-1
2015-09-04 Read third time and amended. Ordered to second reading. reading-3, amendment-passage, reading-1
2015-09-08 Read second time. Ordered to third reading. reading-2, reading-1
2015-09-10 Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2706.). reading-3, passage, reading-1
2015-09-10 Motion to reconsider made by Senator Hancock.