298
. (a) (1) (A) The Secretary of the Department of Corrections and
Rehabilitation, or the Chief Administrative Officer of the detention
facility, jail, or other facility at which the blood specimens,
buccal swab samples, and thumb and palm print impressions were
collected shall cause these specimens, samples, and print impressions
to be forwarded promptly to the Department of Justice, except that a
blood specimen or buccal swab sample taken from a person arrested
for the commission of a felony as specified in paragraph (2) of
subdivision (a) of Section 296 shall be forwarded to the Department
of Justice only after one of the following has occurred, which shall
be deemed a finding of probable cause, whichever occurs first:
(i) A felony arrest warrant has been signed by a judicial officer
pursuant to Section 813 or 817.
(ii) A grand jury indictment has been found and issued pursuant to
Section 939.8, 940, or 944.
(iii) A judicial officer has determined that probable cause exists
to believe the person has committed the offense for which he or she
was arrested.
(B) The specimens, samples, and print impressions shall be
collected by a person using a Department of Justice approved
collection kit and in accordance with the requirements and procedures
set forth in subdivision (b).
(2) A blood specimen or buccal swab sample taken from a person
arrested for the commission of a felony as specified in paragraph (2)
of subdivision (a) of Section 296 that has not been forwarded to the
Department of Justice within six months following the arrest of that
person because the agency that took the blood specimen or buccal
swab sample has not received notice to forward the DNA specimen or
sample to the Department of Justice for inclusion in the state's DNA
and Forensic Identification Database and Databank Program pursuant to
paragraph (1) following a determination of probable cause, shall be
destroyed by the agency that collected the blood specimen or buccal
swab sample.
(b) (1) The Department of Justice shall provide all blood specimen
vials, buccal swab collectors, mailing tubes, labels, and
instructions for the collection of the blood specimens, buccal swab
samples, and thumbprints. The specimens, samples, and thumbprints
shall thereafter be forwarded to the DNA Laboratory of the Department
of Justice for analysis of DNA and other forensic identification
markers.
Additionally, the Department of Justice shall provide all full
palm print cards, mailing envelopes, and instructions for the
collection of full palm prints. The full palm prints, on a form
prescribed by the Department of Justice, shall thereafter be
forwarded to the Department of Justice for maintenance in a file for
identification purposes.
(2) The withdrawal of blood shall be performed in a medically
approved manner. Only health care providers trained and certified to
draw blood may withdraw the blood specimens for purposes of this
section.
(3) Buccal swab samples may be procured by law enforcement or
corrections personnel or other individuals trained to assist in
buccal swab collection.
(4) Right thumbprints and a full palm print impression of each
hand shall be taken on forms prescribed by the Department of Justice.
The palm print forms shall be forwarded to and maintained by the
Bureau of Criminal Identification and Information of the Department
of Justice. Right thumbprints also shall be taken at the time of the
collection of samples and specimens and shall be placed on the sample
and specimen containers and forms as directed by the Department of
Justice. The samples, specimens, and forms shall be forwarded to and
maintained by the DNA Laboratory of the Department of Justice.
(5) The law enforcement or custodial agency collecting specimens,
samples, or print impressions is responsible for confirming that the
person qualifies for entry into the Department of Justice DNA and
Forensic Identification Database and Databank Program prior to
collecting the specimens, samples, or print impressions pursuant to
this chapter.
(6) The DNA Laboratory of the Department of Justice is responsible
for establishing procedures for entering databank and database
information.
(c) (1) Persons authorized to draw blood or obtain samples or
print impressions under this chapter for the databank or database
shall not be civilly or criminally liable either for withdrawing
blood when done in accordance with medically accepted procedures, or
for obtaining buccal swab samples by scraping inner cheek cells of
the mouth, or thumb or palm print impressions when performed in
accordance with standard professional practices.
(2) There is no civil or criminal cause of action against any law
enforcement agency or the Department of Justice, or any employee
thereof, for a mistake in confirming a person's or sample's
qualifying status for inclusion within the database or databank or in
placing an entry in a databank or a database.
(3) The failure of the Department of Justice or local law
enforcement to comply with Article 4 or any other provision of this
chapter shall not invalidate an arrest, plea, conviction, or
disposition.
(d) This section shall only become operative if the California
Supreme Court rules to uphold the California Court of Appeal decision
in People v. Buza (2014) 231 Cal.App.4th 1446 in regard to the
provisions of Section 298 of the Penal Code, as amended by Section 6
of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act,
Proposition 69, approved by the voters at the November 2, 2004,
statewide general election, in which case this section shall become
operative immediately upon that ruling becoming final.