California 2017-2018 Regular Session Status: Enacted

AB 1584 — Criminal law: DNA collection: minors.

Last action — Chaptered by Secretary of State - Chapter 745, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (the DNA Act) , prescribes the circumstances under which DNA may be collected from a qualifying person for inclusion in the statewide DNA database, as specified. Unless required under the DNA Act or pursuant to a court order or search warrant, this bill would prohibit a law enforcement entity from collecting a buccal swab sample or any other biological sample from a minor without first obtaining written consent of the minor and approval of the minor's consent by a parent, legal guardian, or attorney, as specified. The bill would also prohibit, except as otherwise expressly authorized by law, a minor's voluntarily given DNA from being searched, analyzed, or compared to DNA or profiles related to crimes other than the one for which it was taken. The bill would provide a procedure for a minor to have a voluntary sample expunged. This bill would also create a civil cause of action against a local law enforcement agency that is found to have a pattern and practice of collecting voluntary samples in violation of the bill's provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 745, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6980.).

  5. Assembly Rule 77 suspended. (Page 6773.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5897.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Ordered to third reading.

  11. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  12. In Senate. Held at Desk.

  13. Ordered to the Senate.

  14. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  15. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5283.).

  16. Ordered to special consent calendar.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 7. Noes 0.) (June 12).

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  20. Referred to Com. on PUB. S.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 3797.)

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 7. Noes 0.) (January 9).

  25. From committee: Be re-referred to Com. on PUB. S. Re-referred. (Ayes 9. Noes 0.) (January 4). Re-referred to Com. on PUB. S.

  26. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  28. Re-referred to Com. on INS.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  30. Referred to Com. on INS.

  31. From printer. May be heard in committee March 21.

  32. Read first time. To print.

Sponsors

  • Gonzalez Fletcher · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Gonzalez Fletcher

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1584 GONZALEZ FLETCHER Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 15001
Unaffiliated 56002
Republican 6000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Baker — Yea
Bigelow — Yea
Brough — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Rodriguez — Yea
Waldron — Yea
Eggman — Yea
Chávez — Yea
Chau — Yea
Chu — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Santiago — Yea
Gonzalez Fletcher — Yea
Thurmond — Yea
Ting — Yea
Fong — Yea
Salas — Yea
Acosta — Yea
Bloom — Yea
Burke — Yea
Frazier — Yea
Friedman — Yea
Harper — Yea
Rubio — Yea
Holden — Yea
Rivas — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Not Voting
Kiley — Yea
Levine — Yea
Gray — Not Voting
McCarty — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cunningham — Yea
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Bradford — Yea
Mitchell — Yea
Skinner — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1584 do?
Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (the DNA Act) , prescribes the circumstances under which DNA may be collected from a qualifying person for inclusion in the statewide DNA database, as specified. Unless required under the DNA Act or pursuant to a court order or search warrant, this bill would prohibit a law enforcement entity from collecting a buccal swab sample or any other biological sample from a minor without first obtaining written consent of the minor and approval of the minor's consent by a parent, legal guardian, or attorney, as specified. The bill would also prohibit, except as otherwise expressly authorized by law, a minor's voluntarily given DNA from being searched, analyzed, or compared to DNA or profiles related to crimes other than the one for which it was taken. The bill would provide a procedure for a minor to have a voluntary sample expunged. This bill would also create a civil cause of action against a local law enforcement agency that is found to have a pattern and practice of collecting voluntary samples in violation of the bill's provisions.
Who sponsors AB 1584?
AB 1584 is sponsored by Gonzalez Fletcher.
What is the current status of AB 1584?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1584?
Track AB 1584 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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