Criminal law: DNA evidence.
The implications of SB 781 on state laws are significant as it would integrate misdemeanor convictions into the framework of DNA collection mandated by Proposition 69. This shift would ensure that individuals convicted of specific misdemeanors are treated similarly to felons in terms of identification procedures. Such a change could enhance law enforcement's ability to solve crimes by increasing the volume of DNA evidence available for analysis and linking suspects to both misdemeanor and felony crimes.
Senate Bill No. 781, introduced by Senator Glazer, seeks to amend Section 296 of the Penal Code regarding the collection of DNA evidence. The bill proposes that individuals convicted of certain misdemeanors, in addition to those already required by existing law (specific felony offenders), must provide samples such as buccal swabs, thumbprints, and palm print impressions. This requirement expands the current law, which only mandates such evidence collection for felony convictions, thereby broadening the range of individuals contributing to the state’s DNA identification database.
While proponents argue that the bill enhances public safety by allowing law enforcement to gather essential DNA evidence from a broader range of offenders, opponents may view it as an infringement on civil liberties and privacy rights. Critics might raise concerns about the implications of expanding DNA collection to those convicted of misdemeanors, possibly arguing that it could lead to overreach or wrongful convictions as individuals could have their DNA stored indefinitely even for minor offenses.