296.2
. (a) Whenever the DNA Laboratory of the Department of Justice
notifies the Department of Corrections and Rehabilitation or any law
enforcement agency that a biological specimen or sample, or print
impression is not usable for any reason, the person who provided the
original specimen, sample, or print impression shall submit to
collection of additional specimens, samples, or print impressions.
The Department of Corrections and Rehabilitation or other responsible
law enforcement agency shall collect additional specimens, samples,
and print impressions from these persons as necessary to fulfill the
requirements of this chapter, and transmit these specimens, samples,
and print impressions to the appropriate agencies of the Department
of Justice.
(b) If a person, including any juvenile, is convicted of, pleads
guilty or no contest to, is found not guilty by reason of insanity
of, or is adjudged a ward of the court under Section 602 of the
Welfare and Institutions Code for committing, any of the offenses
described in subdivision (a) of Section 296, and has given a blood
specimen or other biological sample or samples to law enforcement for
any purpose, the DNA Laboratory of the Department of Justice is
authorized to analyze the blood specimen and other biological sample
or samples for forensic identification markers, including DNA
markers, and to include the DNA and forensic identification profiles
from these specimens and samples in the state's DNA and forensic
identification databank and databases.
This subdivision applies whether or not the blood specimen or
other biological sample originally was collected from the sexual or
violent offender pursuant to the databank and database program, and
whether or not the crime committed predated the enactment of the
state's DNA and forensic identification databank program, or any
amendments thereto. This subdivision does not relieve a person
convicted of a crime described in subdivision (a) of Section 296, or
otherwise subject to this chapter, from the requirement to give blood
specimens, saliva samples, and thumb and palm print impressions for
the DNA and forensic identification databank and database program as
described in this chapter.
(c) Any person who is required to register under the Sex Offender
Registration Act who has not provided the specimens, samples, and
print impressions described in this chapter for any reason including
the release of the person prior to the enactment of the state's DNA
and forensic identification database and databank program, an
oversight or error, or because of the transfer of the person from
another state, the person, as an additional requirement of
registration or of updating his or her annual registration pursuant
to the Sex Offender Registration Act shall give specimens, samples,
and print impressions as described in this chapter for inclusion in
the state's DNA and forensic identification database and databank.
At the time the person registers or updates his or her
registration, he or she shall receive an appointment designating a
time and place for the collection of the specimens, samples, and
print impressions described in this chapter, if he or she has not
already complied with the provisions of this chapter.
As specified in the appointment, the person shall report to a
county jail facility in the county where he or she resides or is
temporarily located to have specimens, samples, and print impressions
collected pursuant to this chapter or other facility approved by the
Department of Justice for this collection. The specimens, samples,
and print impressions shall be collected in accordance with
subdivision (f) of Section 295.
If, prior to the time of the annual registration update, a person
is notified by the Department of Justice, a probation or parole
officer, other law enforcement officer, or officer of the court, that
he or she is subject to this chapter, then the person shall provide
the specimens, samples, and print impressions required by this
chapter within 10 calendar days of the notification at a county jail
facility or other facility approved by the department for this
collection.