According to California Assembly Bill 1584, if law enforcement personnel want to collect a DNA sample from a juvenile, they must first obtain the consent of both the minor and the parent. In September 2018, California’s governor signed AB 1584 into law, which includes various further restrictions on the gathering of a minor’s DNA.
Keep reading to learn the specifics. If your child has been accused of a crime and the police have asked for a DNA sample, contact a criminal defense attorney right away. You can reach Simmons Wagner, LLP at (949) 439-5857 now for a free legal consultation.
More about AB 1584
AB 1584 provides that if a DNA sample is taken from a juvenile under the new law and the sample does not implicate the minor as a suspect in a crime, the sample must be destroyed within two years of collection and/or the sample must be destroyed at the request of the minor.
AB 1584 also bans the analysis or comparison of a minor’s DNA sample collected with their permission to profiles associated to crimes other than the one for which it was taken. A $5,000 fine can be imposed on officials who violate Assembly Bill 1584.
There are exceptions
The new law does have a few exceptions. The most crucial is that if authorities get a court order or a search warrant, they can collect a DNA sample from a kid without their consent.
Conditions required for law enforcement to legally acquire DNA
Before a law enforcement officer can acquire a DNA sample from a juvenile, three conditions must be completed, according to AB 1584. First, after being fully informed, the minor must consent in writing. Second, after conferring with the minor, the minor’s parent or legal guardian must consent. Finally, law enforcement officers must provide the minor with a request form for the deletion of his DNA sample.
Juvenile DNA samples cannot be kept indefinitely
According to Assembly Bill 1584, if a juvenile offers a DNA sample, the sample must be destroyed after a valid minor’s request and/or two years have passed after the sample was given. Please keep in mind that a sample will only be destroyed if it does not implicate the youngster as a criminal suspect.
Furthermore, if a DNA sample is taken, it can only be evaluated or compared to profiles particular to the situation in which it was taken.
If a law enforcement agency is determined to have improperly collected DNA in violation of AB 1584, the agency faces a $5,000 fine for each minor whose sample was improperly collected. This penalty is imposed for each and every infraction.
Exceptions to the Consent Requirements of AB 1584
Assembly Bill 1584 creates four exceptions to the requirements that require parental approval before collecting a minor’s DNA. DNA from a minor can be obtained without their consent if the following conditions are met:
- It’s collected as evidence in a criminal investigation, such as evidence from a crime scene or an abandoned sample
- It’s collected in the investigation or identification of a missing or abducted minor
- It’s collected from a juvenile victim or suspected perpetrator of a sexual assault
AB 1584 was enacted in part to protect kids from excessive private intrusion without the supervision, advice, and approval of a parent or legal guardian. If you have questions or believe your child’s rights have been violated, contact Simmons Wagner, LLP at (949) 439-5857.