California 2015-2016 Regular Session Status: Enacted

AB 1492 — Forensic testing: DNA samples.

Last action — Chaptered by Secretary of State - Chapter 487, Statutes of 2015.

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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 27, 2015. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 11 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

(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. This bill would state that it is the intention of the Legislature to further the purposes of the DNA Act in light of the above-specified case law. The bill would, if the California Supreme Court rules to uphold People v. Buza, require that a blood specimen or buccal swab sample taken from a person arrested for the commission of a felony be forwarded to the department after a felony arrest warrant has been signed by a judicial officer, a grand jury indictment has been found and issued, or a judicial determination of probable cause to believe the person has committed the offense for which he or she was arrested has been made. (2) Existing law, as amended by the DNA Act, requires that a DNA specimen and sample be destroyed and that a searchable database profile be expunged from that databank program if the person from whom the specimen or sample was collected has no past or present offense or pending charge which qualifies that person for inclusion in the database and if that person submits an application, as specified. Existing law gives the court discretion to grant or deny the application. This bill would, if the California Supreme Court rules to uphold People v. Buza, require the DNA specimen and sample to be destroyed and the searchable database profile expunged from the database without the requirement of an application.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 487, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 1. Page 3154.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2710.).

  7. Reconsideration granted. (Ayes 40. Noes 0. Page 2710.)

  8. Motion to reconsider made by Senator Hancock.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2706.).

  10. Read second time. Ordered to third reading.

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

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

  13. From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 27).

  14. In committee: Referred to APPR. suspense file.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).

  17. Re-referred to Com. on PUB. S.

  18. Re-referred to Com. on RLS.

  19. Withdrawn from committee.

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

  21. In committee: Hearing postponed by committee.

  22. 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.

  23. Referred to Com. on E. & C.A.

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

  25. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1560.)

  26. Read second time. Ordered to Consent Calendar.

  27. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13).

  28. Re-referred to Com. on APPR.

  29. Read second time and amended.

  30. 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).

  31. 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.

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

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

  34. Re-referred to Com. on INS.

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

  36. Re-referred to Com. on INS.

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

  38. Referred to Com. on INS.

  39. Read first time.

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

  41. Introduced. To print.

Sponsors

  • Atkins · Cosponsor
  • Gatto · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

  • Gatto

Co-sponsors (1)

  • Atkins

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.

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 1492 GATTO Concurrence in Senate Amendments

Passed 76 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 67103
Democratic 4000
Republican 5000
Total 76103
% of votes cast 95%1%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Not Voting
Brown — Yea
Jones-Sawyer — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
Nazarian — Not Voting
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Williams — Not Voting
Chau — Yea
Eggman — Yea
Daly — Yea
Gatto — Yea
Frazier — Yea
Burke — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Harper — Yea
Gray — Yea
Holden — Yea
Lopez — Yea
Levine — Yea
Linder — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chang — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Atkins — Yea
Chu — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1492 Gatto By Hancock Reconsider

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Leyva — Yea
Morrell — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

3rd Reading AB1492 Gatto By Hancock

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hertzberg — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Cannella — Yea
Allen — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Bates — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Leyva — Yea
Nielsen — Not Voting
Hill — Yea
Beall — Yea
Mendoza — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Nielsen — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Bates — Yea
Beall — Yea

Official roll call →

AB 1492 LOW Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 65005
Democratic 4000
Republican 5001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Not Voting
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Kim — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Weber — Not Voting
Wilk — Yea
Chu — Yea
Frazier — Yea
Burke — Yea
Eggman — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Gray — Yea
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Linder — Yea
Low — Yea
Mayes — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Obernolte — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Wagner — Yea
Williams — Yea
Atkins — Yea
Chau — Yea
Hadley — Yea
O'Donnell — Not Voting
Olsen — Not Voting
Quirk — Yea
Santiago — Yea
Ting — Yea
Waldron — Not Voting
Wood — Yea
Gomez — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Wood — Yea
Eggman — Yea
Gomez — Yea
Holden — Yea
Chang — Yea
Daly — Yea
Quirk — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1492 do?
(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. This bill would state that it is the intention of the Legislature to further the purposes of the DNA Act in light of the above-specified case law. The bill would, if the California Supreme Court rules to uphold People v. Buza, require that a blood specimen or buccal swab sample taken from a person arrested for the commission of a felony be forwarded to the department after a felony arrest warrant has been signed by a judicial officer, a grand jury indictment has been found and issued, or a judicial determination of probable cause to believe the person has committed the offense for which he or she was arrested has been made. (2) Existing law, as amended by the DNA Act, requires that a DNA specimen and sample be destroyed and that a searchable database profile be expunged from that databank program if the person from whom the specimen or sample was collected has no past or present offense or pending charge which qualifies that person for inclusion in the database and if that person submits an application, as specified. Existing law gives the court discretion to grant or deny the application. This bill would, if the California Supreme Court rules to uphold People v. Buza, require the DNA specimen and sample to be destroyed and the searchable database profile expunged from the database without the requirement of an application.
Who sponsors AB 1492?
AB 1492 is sponsored by Atkins and Gatto.
What is the current status of AB 1492?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track AB 1492?
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