AB 760 — Prisoners: friction ridge impressions.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law allows an incarcerated person who has been convicted of a felony to make a written motion for the performance of forensic deoxyribonucleic acid (DNA) testing according to a specified procedure. Existing law allows the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. Existing law allows a court, upon request of the convicted person or the convicted person's counsel, to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of DNA lab reports, copies of evidence logs, and other specified documents. Existing law requires a court to grant the motion for DNA testing if it determines that the requested DNA testing results would raise a reasonable probability that, in light of all the evidence, the convicted person's verdict or sentence would have been more favorable if the results of DNA testing had been available at the time of conviction. This bill would allow a person who was convicted of a felony and is currently serving a term of imprisonment to make a motion for performance of friction ridge processing and examination to develop, search, and compare friction ridge impressions. The bill would allow the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. The bill would allow a court, upon request of the convicted person or the convicted person's counsel, to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of friction ridge examination reports, copies of evidence logs, and other specified documents. The bill would require a court to grant a motion for friction ridge processing, examination, or database searching if it determines that the requested friction ridge processing, examination, and database searching would raise a reasonable probability that, in light of all of the evidence, the convicted person's verdict or sentence would have been more favorable if the results of the friction ridge processing, examination, and database searching had been available at the time of conviction. By increasing the duties of local governmental entities in regard to orders to complete friction ridge processing, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/16/21 - Introduced Current pdf February 16, 2021
- AB760 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Held under submission.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 20). Re-referred to Com. on APPR.
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Coauthors revised.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Tom Lackey · Primary
- Thomas J. Umberg · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Lackey, Tom Republican
Co-sponsors (1)
- Umberg, Thomas J. Democratic
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Quirk | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Lackey, Tom | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 760 do?
- Existing law allows an incarcerated person who has been convicted of a felony to make a written motion for the performance of forensic deoxyribonucleic acid (DNA) testing according to a specified procedure. Existing law allows the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. Existing law allows a court, upon request of the convicted person or the convicted person's counsel, to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of DNA lab reports, copies of evidence logs, and other specified documents. Existing law requires a court to grant the motion for DNA testing if it determines that the requested DNA testing results would raise a reasonable probability that, in light of all the evidence, the convicted person's verdict or sentence would have been more favorable if the results of DNA testing had been available at the time of conviction. This bill would allow a person who was convicted of a felony and is currently serving a term of imprisonment to make a motion for performance of friction ridge processing and examination to develop, search, and compare friction ridge impressions. The bill would allow the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. The bill would allow a court, upon request of the convicted person or the convicted person's counsel, to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of friction ridge examination reports, copies of evidence logs, and other specified documents. The bill would require a court to grant a motion for friction ridge processing, examination, or database searching if it determines that the requested friction ridge processing, examination, and database searching would raise a reasonable probability that, in light of all of the evidence, the convicted person's verdict or sentence would have been more favorable if the results of the friction ridge processing, examination, and database searching had been available at the time of conviction. By increasing the duties of local governmental entities in regard to orders to complete friction ridge processing, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
- Who sponsors AB 760?
- AB 760 is sponsored by Lackey, Tom (Republican) and Umberg, Thomas J. (Democratic).
- What is the current status of AB 760?
- This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 760?
- Track AB 760 free on One Click Politics — get push/email alerts when it moves.
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