Amended IN Senate March 08, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1228Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)February 17, 2022 An act to amend Section 17030 of the Health and Safety Code, relating to housing. add Section 299.3 to, and to add and repeal Section 299.4 of, the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTSB 1228, as amended, Wiener. Permits to operate employee housing. Criminal procedure: DNA samples.Existing law requires any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, 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 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 that qualifies that person for inclusion in the database and if that person submits an application, as specified, and gives the court discretion to grant or deny the application.This bill would create procedures for reference samples of DNA from a victim of or witness to a crime or alleged crime, and to reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as defined. The bill would require those procedures to include, among other things, requiring that law enforcement agencies use these samples only for purposes directly related to the incident being investigated, prohibiting law enforcement agencies from comparing these samples with samples that do not relate to the incident being investigated, and prohibiting law enforcement agencies from including these samples in databases that allow the samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.This bill would require the Committee on Revision of the Penal Code to study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement. The bill would require the committee to report its findings to the Legislature by December 31, 2023.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.Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act.This bill would make nonsubstantive changes to this provision requiring a person to obtain a permit to operate employee housing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 299.3 is added to the Penal Code, to read:299.3. (a) The following procedures apply to known reference samples of DNA from a victim of or witness to a crime or alleged crime, and to known reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples:(1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated.(2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated.(3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes.(4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the restrictions on the use and disclosure of that sample or profile.(5) Every agent of a law enforcement agency shall return any remaining part of every DNA sample to that law enforcement agency promptly after it has performed the requested testing or analysis of that sample.(6) No agent of a law enforcement agency may provide any of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them.(b) For the purposes of this section, the following definitions apply:(1) The incident being investigated means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime.(2) An agent of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities.(3) A victim or witness does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation.(4) A sample is voluntarily provided for the purpose of exclusion if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that persons DNA profile from consideration in the current investigation.(c) This section does not apply to evidence arising from the victim that is biological material that is not the victims own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant.SEC. 2. Section 299.4 is added to the Penal Code, to read:299.4. (a) The Committee on Revision of the Penal Code shall study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement, including whether a forensic oversight board is needed. The committee shall report its findings to the Legislature by December 31, 2023.(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 17030 of the Health and Safety Code is amended to read:17030.(a) A person operating employee housing shall obtain a permit to operate that employee housing from the enforcement agency, unless otherwise exempted by this part. It shall be unlawful for any person to operate employee housing without a valid permit to operate issued by the enforcement agency, as required by this part. A permit to operate shall be issued annually by the enforcement agency, except as provided in this section and Section 17030.5.(b) Employee housing on a dairy farm which meets the requirements of Section 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may be exempted from the requirement of obtaining a permit to operate employee housing, as provided in Section 17031. This housing shall meet the requirements of the State Housing Law before an exemption is granted.(c) A permit to operate shall be valid from the date of issuance through December 31 of the year of issuance, or December 31 of the year designated by the enforcement agency for permanent single-family employee housing. A permit to operate employee housing may prescribe conditions on the use or occupancy of the employee housing.(d) The Department of Housing and Community Development shall be the enforcement agency for any employee housing owned or operated by a railroad corporation.
Amended IN Senate March 08, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1228Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)February 17, 2022 An act to amend Section 17030 of the Health and Safety Code, relating to housing. add Section 299.3 to, and to add and repeal Section 299.4 of, the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTSB 1228, as amended, Wiener. Permits to operate employee housing. Criminal procedure: DNA samples.Existing law requires any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, 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 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 that qualifies that person for inclusion in the database and if that person submits an application, as specified, and gives the court discretion to grant or deny the application.This bill would create procedures for reference samples of DNA from a victim of or witness to a crime or alleged crime, and to reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as defined. The bill would require those procedures to include, among other things, requiring that law enforcement agencies use these samples only for purposes directly related to the incident being investigated, prohibiting law enforcement agencies from comparing these samples with samples that do not relate to the incident being investigated, and prohibiting law enforcement agencies from including these samples in databases that allow the samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.This bill would require the Committee on Revision of the Penal Code to study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement. The bill would require the committee to report its findings to the Legislature by December 31, 2023.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.Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act.This bill would make nonsubstantive changes to this provision requiring a person to obtain a permit to operate employee housing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 08, 2022
Amended IN Senate March 08, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1228
Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)February 17, 2022
Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)
February 17, 2022
An act to amend Section 17030 of the Health and Safety Code, relating to housing. add Section 299.3 to, and to add and repeal Section 299.4 of, the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1228, as amended, Wiener. Permits to operate employee housing. Criminal procedure: DNA samples.
Existing law requires any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, 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 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 that qualifies that person for inclusion in the database and if that person submits an application, as specified, and gives the court discretion to grant or deny the application.This bill would create procedures for reference samples of DNA from a victim of or witness to a crime or alleged crime, and to reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as defined. The bill would require those procedures to include, among other things, requiring that law enforcement agencies use these samples only for purposes directly related to the incident being investigated, prohibiting law enforcement agencies from comparing these samples with samples that do not relate to the incident being investigated, and prohibiting law enforcement agencies from including these samples in databases that allow the samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.This bill would require the Committee on Revision of the Penal Code to study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement. The bill would require the committee to report its findings to the Legislature by December 31, 2023.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.Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act.This bill would make nonsubstantive changes to this provision requiring a person to obtain a permit to operate employee housing.
Existing law requires any adult person who is arrested or charged with any felony offense to provide buccal swab samples, right thumbprints, 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 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 that qualifies that person for inclusion in the database and if that person submits an application, as specified, and gives the court discretion to grant or deny the application.
This bill would create procedures for reference samples of DNA from a victim of or witness to a crime or alleged crime, and to reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as defined. The bill would require those procedures to include, among other things, requiring that law enforcement agencies use these samples only for purposes directly related to the incident being investigated, prohibiting law enforcement agencies from comparing these samples with samples that do not relate to the incident being investigated, and prohibiting law enforcement agencies from including these samples in databases that allow the samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.
This bill would require the Committee on Revision of the Penal Code to study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement. The bill would require the committee to report its findings to the Legislature by December 31, 2023.
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.
Existing law, the Employee Housing Act, requires a person operating employee housing, as defined, to obtain a permit to operate that housing from the agency that enforces the act, which can either be the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for enforcing the act.
This bill would make nonsubstantive changes to this provision requiring a person to obtain a permit to operate employee housing.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 299.3 is added to the Penal Code, to read:299.3. (a) The following procedures apply to known reference samples of DNA from a victim of or witness to a crime or alleged crime, and to known reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples:(1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated.(2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated.(3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes.(4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the restrictions on the use and disclosure of that sample or profile.(5) Every agent of a law enforcement agency shall return any remaining part of every DNA sample to that law enforcement agency promptly after it has performed the requested testing or analysis of that sample.(6) No agent of a law enforcement agency may provide any of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them.(b) For the purposes of this section, the following definitions apply:(1) The incident being investigated means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime.(2) An agent of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities.(3) A victim or witness does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation.(4) A sample is voluntarily provided for the purpose of exclusion if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that persons DNA profile from consideration in the current investigation.(c) This section does not apply to evidence arising from the victim that is biological material that is not the victims own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant.SEC. 2. Section 299.4 is added to the Penal Code, to read:299.4. (a) The Committee on Revision of the Penal Code shall study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement, including whether a forensic oversight board is needed. The committee shall report its findings to the Legislature by December 31, 2023.(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 17030 of the Health and Safety Code is amended to read:17030.(a) A person operating employee housing shall obtain a permit to operate that employee housing from the enforcement agency, unless otherwise exempted by this part. It shall be unlawful for any person to operate employee housing without a valid permit to operate issued by the enforcement agency, as required by this part. A permit to operate shall be issued annually by the enforcement agency, except as provided in this section and Section 17030.5.(b) Employee housing on a dairy farm which meets the requirements of Section 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may be exempted from the requirement of obtaining a permit to operate employee housing, as provided in Section 17031. This housing shall meet the requirements of the State Housing Law before an exemption is granted.(c) A permit to operate shall be valid from the date of issuance through December 31 of the year of issuance, or December 31 of the year designated by the enforcement agency for permanent single-family employee housing. A permit to operate employee housing may prescribe conditions on the use or occupancy of the employee housing.(d) The Department of Housing and Community Development shall be the enforcement agency for any employee housing owned or operated by a railroad corporation.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 299.3 is added to the Penal Code, to read:299.3. (a) The following procedures apply to known reference samples of DNA from a victim of or witness to a crime or alleged crime, and to known reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples:(1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated.(2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated.(3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes.(4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the restrictions on the use and disclosure of that sample or profile.(5) Every agent of a law enforcement agency shall return any remaining part of every DNA sample to that law enforcement agency promptly after it has performed the requested testing or analysis of that sample.(6) No agent of a law enforcement agency may provide any of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them.(b) For the purposes of this section, the following definitions apply:(1) The incident being investigated means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime.(2) An agent of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities.(3) A victim or witness does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation.(4) A sample is voluntarily provided for the purpose of exclusion if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that persons DNA profile from consideration in the current investigation.(c) This section does not apply to evidence arising from the victim that is biological material that is not the victims own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant.
SECTION 1. Section 299.3 is added to the Penal Code, to read:
### SECTION 1.
299.3. (a) The following procedures apply to known reference samples of DNA from a victim of or witness to a crime or alleged crime, and to known reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples:(1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated.(2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated.(3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes.(4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the restrictions on the use and disclosure of that sample or profile.(5) Every agent of a law enforcement agency shall return any remaining part of every DNA sample to that law enforcement agency promptly after it has performed the requested testing or analysis of that sample.(6) No agent of a law enforcement agency may provide any of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them.(b) For the purposes of this section, the following definitions apply:(1) The incident being investigated means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime.(2) An agent of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities.(3) A victim or witness does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation.(4) A sample is voluntarily provided for the purpose of exclusion if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that persons DNA profile from consideration in the current investigation.(c) This section does not apply to evidence arising from the victim that is biological material that is not the victims own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant.
299.3. (a) The following procedures apply to known reference samples of DNA from a victim of or witness to a crime or alleged crime, and to known reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples:(1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated.(2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated.(3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes.(4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the restrictions on the use and disclosure of that sample or profile.(5) Every agent of a law enforcement agency shall return any remaining part of every DNA sample to that law enforcement agency promptly after it has performed the requested testing or analysis of that sample.(6) No agent of a law enforcement agency may provide any of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them.(b) For the purposes of this section, the following definitions apply:(1) The incident being investigated means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime.(2) An agent of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities.(3) A victim or witness does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation.(4) A sample is voluntarily provided for the purpose of exclusion if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that persons DNA profile from consideration in the current investigation.(c) This section does not apply to evidence arising from the victim that is biological material that is not the victims own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant.
299.3. (a) The following procedures apply to known reference samples of DNA from a victim of or witness to a crime or alleged crime, and to known reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples:(1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated.(2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated.(3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes.(4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the restrictions on the use and disclosure of that sample or profile.(5) Every agent of a law enforcement agency shall return any remaining part of every DNA sample to that law enforcement agency promptly after it has performed the requested testing or analysis of that sample.(6) No agent of a law enforcement agency may provide any of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them.(b) For the purposes of this section, the following definitions apply:(1) The incident being investigated means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime.(2) An agent of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities.(3) A victim or witness does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation.(4) A sample is voluntarily provided for the purpose of exclusion if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that persons DNA profile from consideration in the current investigation.(c) This section does not apply to evidence arising from the victim that is biological material that is not the victims own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant.
299.3. (a) The following procedures apply to known reference samples of DNA from a victim of or witness to a crime or alleged crime, and to known reference samples of DNA from intimate partners or family members of a victim or witness voluntarily provided for the purpose of exclusion, as well as to any profiles developed from those samples:
(1) Law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated.
(2) No law enforcement agency or agent thereof may compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated.
(3) No law enforcement agency or agent thereof may include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes.
(4) No law enforcement agency or agent thereof may provide any other person or entity with access to any of these DNA samples or profiles, unless that person or entity agrees to abide by the restrictions on the use and disclosure of that sample or profile.
(5) Every agent of a law enforcement agency shall return any remaining part of every DNA sample to that law enforcement agency promptly after it has performed the requested testing or analysis of that sample.
(6) No agent of a law enforcement agency may provide any of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them.
(b) For the purposes of this section, the following definitions apply:
(1) The incident being investigated means the crime or alleged crime that caused a law enforcement agency or agent to analyze or request a DNA sample from a victim of or witness to that crime or alleged crime.
(2) An agent of a law enforcement agency includes any person or entity that the agency provides with access to a DNA sample collected directly from the person of a victim of or witness to a crime or alleged crime, or to any profile developed from those samples. This includes, but is not limited to, public or private DNA testing facilities.
(3) A victim or witness does not include any person who is a target of the investigation of the incident being investigated, if law enforcement agents have probable cause to believe that person has committed a public offense relating to the incident under investigation.
(4) A sample is voluntarily provided for the purpose of exclusion if law enforcement agents do not consider the individual to be a suspect and have requested a voluntary DNA sample in order to exclude that persons DNA profile from consideration in the current investigation.
(c) This section does not apply to evidence arising from the victim that is biological material that is not the victims own and is not from an individual who voluntarily provided a reference sample for exclusion, such as DNA transferred from an assailant.
SEC. 2. Section 299.4 is added to the Penal Code, to read:299.4. (a) The Committee on Revision of the Penal Code shall study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement, including whether a forensic oversight board is needed. The committee shall report its findings to the Legislature by December 31, 2023.(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.
SEC. 2. Section 299.4 is added to the Penal Code, to read:
### SEC. 2.
299.4. (a) The Committee on Revision of the Penal Code shall study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement, including whether a forensic oversight board is needed. The committee shall report its findings to the Legislature by December 31, 2023.(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.
299.4. (a) The Committee on Revision of the Penal Code shall study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement, including whether a forensic oversight board is needed. The committee shall report its findings to the Legislature by December 31, 2023.(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.
299.4. (a) The Committee on Revision of the Penal Code shall study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement, including whether a forensic oversight board is needed. The committee shall report its findings to the Legislature by December 31, 2023.(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.
299.4. (a) The Committee on Revision of the Penal Code shall study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples and related profiles to law enforcement, including whether a forensic oversight board is needed. The committee shall report its findings to the Legislature by December 31, 2023.
(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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(a) A person operating employee housing shall obtain a permit to operate that employee housing from the enforcement agency, unless otherwise exempted by this part. It shall be unlawful for any person to operate employee housing without a valid permit to operate issued by the enforcement agency, as required by this part. A permit to operate shall be issued annually by the enforcement agency, except as provided in this section and Section 17030.5.
(b) Employee housing on a dairy farm which meets the requirements of Section 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may be exempted from the requirement of obtaining a permit to operate employee housing, as provided in Section 17031. This housing shall meet the requirements of the State Housing Law before an exemption is granted.
(c) A permit to operate shall be valid from the date of issuance through December 31 of the year of issuance, or December 31 of the year designated by the enforcement agency for permanent single-family employee housing. A permit to operate employee housing may prescribe conditions on the use or occupancy of the employee housing.
(d) The Department of Housing and Community Development shall be the enforcement agency for any employee housing owned or operated by a railroad corporation.