AB 1584: Criminal law: DNA collection: minors.

Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (the DNA Act), prescribes the circumstances under which DNA may be collected from a qualifying person for inclusion in the statewide DNA database, as specified.

Unless required under the DNA Act or pursuant to a court order or search warrant, this bill would prohibit a law enforcement entity from collecting a buccal swab sample or any other biological sample from a minor without first obtaining written consent of the minor and approval of the minors consent by a parent, legal guardian, or attorney, as specified.

The bill would also prohibit, except as otherwise expressly authorized by law, a minors voluntarily given DNA from being searched, analyzed, or compared to DNA or profiles related to crimes other than the one for which it was taken.

The bill would provide a procedure for a minor to have a voluntary sample expunged.

This bill would also create a civil cause of action against a local law enforcement agency that is found to have a pattern and practice of collecting voluntary samples in violation of the bills provisions.