Penal Code 299.5 (1998; amended by AB 109 and AB 117, 2011)
Summary:
(a)-(b) All DNA and forensic identification profiles and other identification information or biological samples retained by the Department of Justice are exempt from any law requiring disclosure of information to the public or return of biological specimens, samples, or print impressions. (f)-(g), (j)-(k) They shall remain confidential with the exception of being made available to defense counsel and law enforcement officials, and juries or court administrative agencies in administrative proceedings; information obtained from a file in a transcript or record of a judicial proceeding, or in any other authorized public record is not a violation. (h) Otherwise, the information cannot be subpoenaed or revealed through discovery or any other procedural device. (d)-(e) The DNA and other forensic identification information retained by the Department of Justice shall not be included in the state summary criminal history information, but law enforcement personnel may record the fact that the specimens, samples, and print impressions have or have not been collected from that person in his/her criminal history information or offender file; the fact that blood specimens, saliva or buccal swab samples have been received by the Justice Department's DNA Laboratory shall be included in the state summary criminal information, but not the actual samples themselves. (i)(3) Law enforcement may publicly disclose a DNA match or the name of a person ID'ed by a DNA match when the match is the basis of law enforcement's investigation, arrest, or prosecution of a particular person, or the identification of a missing or abducted person. (m) Anonymous records may be used for quality control, research, training, or statistical analysis. (c) Non-DNA forensic ID information may be filed with the offender's file maintained by the Sex Registration Unit of the Department of Justice or their other computerized data bank systems.
Data Origin:
Department of Justice Parties Bound:
Department of Justice California Penalty:
(i)(1)(A) knowing use or disclosure of an offender specimen, sample, DNA profile, DNA or other forensic identification information collected or developed for unauthorized purposes or to an unauthorized individual or agency shall be punished by imprisonment in a county jail not exceeding one year or by imprisonment in the state prison. (B) also, knowing use or disclosure committed for the purpose of financial gain shall, in addition to the penalty provided in subparagraph (A), be punished by a criminal fine in an amount three times that of any financial gain received or ten thousand dollars ($10,000), whichever is greater. (i)(2)(A) If any employee of the Department of Justice knowingly uses or discloses a specimen, sample, DNA profile, or DNA or other forensic identification information for unauthorized purposes or to an unauthorized individual or agency, the department shall be liable in civil damages to the donor of the DNA identification information in the amount of five thousand dollars ($5,000) for each violation, plus attorney's fees and costs. In the event of multiple disclosures, the total damages available to the donor of the DNA is limited to fifty thousand dollars ($50,000) plus attorney's fees and costs. (B) This shall be the sole and exclusive remedy against the Department of Justice and its employees available to the donor of the DNA. The Department of Justice employee who discloses DNA identification information in violation of this chapter is immune from civil liability. Other Relevant California Code Sections:
Penal Code 1054 et seq.