"u.s.a"california penal code

[هيثم الفقى]

14250. (a) (1) The Department of Justice shall develop a DNA data
base for all cases involving the report of an unidentified deceased
person or a high-risk missing person.
(2) The data base required in paragraph (1) shall be comprised of
DNA data from genetic markers that are appropriate for human
identification, but have no capability to predict biological function
other than gender. These markers shall be selected by the
department and may change as the technology for DNA typing
progresses. The results of DNA typing shall be compatible with and
uploaded into the CODIS DNA data base established by the Federal
Bureau of Investigation. The sole purpose of this data base shall be
to identify missing persons and shall be kept separate from the data
base established under Chapter 6 (commencing with Section 295) of
Title 9 of Part 1.
(3) The Department of Justice shall compare DNA samples taken from
the remains of unidentified deceased persons with DNA samples taken
from personal articles belonging to the missing person, or from the
parents or appropriate relatives of high-risk missing persons.
(4) For the purpose of this data base, "high-risk missing person"
means a person missing as a result of a stranger abduction, a person
missing under suspicious circumstances, a person missing under
unknown circumstances, or where there is reason to assume that the
person is in danger, or deceased, and that person has been missing
more than 30 days, or less than 30 days in the discretion of the
investigating agency.
(b) The department shall develop standards and guidelines for the
preservation and storage of DNA samples. Any agency that is required
to collect samples from unidentified remains for DNA testing shall
follow these standards and guidelines. These guidelines shall
address all scientific methods used for the identification of
remains, including DNA, anthropology, odontology, and fingerprints.
(c) (1) A coroner shall collect samples for DNA testing from the
remains of all unidentified persons and shall send those samples to
the Department of Justice for DNA testing and inclusion in the DNA
data bank. After the department has taken a sample from the remains
for DNA analysis and analyzed it, the remaining evidence shall be
returned to the appropriate local coroner.
(2) After a report has been made of a person missing under
high-risk circumstances, the responsible investigating law
enforcement agency shall inform the parents or other appropriate
relatives that they may give a voluntary sample for DNA testing or
may collect a DNA sample from a personal article belonging to the
missing person if available. The samples shall be taken by the
appropriate law enforcement agency in a manner prescribed by the
Department of Justice. The responsible investigating law enforcement
agency shall wait no longer than 30 days after a report has been
made to inform the parents or other relatives of their right to give
a sample.
(3) The Department of Justice shall develop a standard release
form that authorizes a mother, father, or other relative to
voluntarily provide the sample. The release shall explain that DNA
is to be used only for the purpose of identifying the missing person
and that the DNA sample and profile will be destroyed upon request.
No incentive or coercion shall be used to compel a parent or relative
to provide a sample.
(4) The Department of Justice shall develop a model kit that law
enforcement shall use when taking samples from parents and relatives.

(5) Before submitting the sample to the department for analysis,
law enforcement shall reverify the status of the missing person.
After 30 days has elapsed from the date the report was filed, law
enforcement shall send the sample to the department for DNA testing
and inclusion in the DNA data base, with a copy of the crime report,
and any supplemental information.
(6) All retained samples and DNA extracted from a living person,
and profiles developed therefrom, shall be used solely for the
purpose of identification of the deceased's remains. All samples and
DNA extracted from a living person, and profiles developed
therefrom, shall be destroyed after a positive identification with
the deceased's remains is made and a report is issued, unless any of
the following has occurred:
(A) The coroner has made a report to a law enforcement agency
pursuant to Section 27491.1 of the Government Code, that he or she
has a reasonable ground to suspect that the identified person's death
has been occasioned by another by criminal means.
(B) A law enforcement agency makes a determination that the
identified person's death has been occasioned by another by criminal
means.
(C) The evidence is needed in an active criminal investigation to
determine whether the identified person's death has been occasioned
by another by criminal means.
(D) A governmental entity is required to retain the material
pursuant to Section 1417.9.
(7) Notwithstanding any other provisions of this section, upon the
request of any living person who submits his or her DNA sample and
profile pursuant to this section, including the parent or guardian of
a child who submits a DNA sample of the child, the DNA sample shall
be removed from the DNA data base.
(d) All DNA samples and profiles developed therefrom shall be
confidential and shall only be disclosed to personnel of the
Department of Justice, law enforcement officers, coroners, medical
examiners, district attorneys, and persons who need access to a DNA
sample for purposes of the prosecution or defense of a criminal case,
except that a law enforcement officer or agency may publicly
disclose the fact of a DNA profile match after taking reasonable
measures to first notify the family of an unidentified deceased
person or the family of a high-risk missing person that there has
been an identification.
(e) All DNA, forensic identification profiles, and other
identification information retained by the Department of Justice
pursuant to this section are exempt from any law requiring disclosure
of information to the public.
(f) (1) Any person who knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, or for any purpose other than for
identification or for use in a criminal investigation, prosecution,
or defense, is guilty of a misdemeanor.
(2) A person who collects, processes, or stores DNA or DNA samples
from a living person that are used for DNA testing pursuant to this
section who does either of the following is liable in civil damages
to the donor of the DNA in the amount of five thousand dollars
($5,000) for each violation, plus attorney's fees and costs:
(A) Fails to destroy samples or DNA extracted from a living person
pursuant to paragraph (6) of subdivision (c).
(B) Discloses DNA samples in violation of subdivision (d).
(g) (1) If a disclosure or failure to destroy samples described in
paragraph (2) of subdivision (f) is made by an employee of the
Department of Justice, the department shall be liable for those
actions of its employee.
(2) Notwithstanding any other law, the remedy in this section
shall be the sole and exclusive remedy against the department and its
employees available to the donor of the DNA against the department
and its employees.
(3) The department employee disclosing DNA or other forensic
identification information or otherwise violating this section shall
be absolutely immune from civil liability under this or any other
law.
(h) It is not an unauthorized disclosure or violation of this
section to release DNA and other forensic identification information
as part of a judicial or administrative proceeding, to a jury or
grand jury, or in a document filed with a court or administrative
agency, or for this information to become part of the public
transcript or record of proceedings.
(i) In order to maintain computer system security, the computer
software and data base structures used by the DNA laboratory of the
Department of Justice to implement this chapter are confidential.



14251. (a) The "Missing Persons DNA Data Base" shall be funded by a
two dollar ($2) fee increase on death certificates issued by a local
government agency or by the State of California. The issuing
agencies may retain up to 5 percent of the funds from the fee
increase for administrative costs. This fee shall remain in effect
only until January 1, 2010.
(b) Funds shall be directed on a quarterly basis to the "Missing
Persons DNA Data Base Fund," hereby established, to be administered
by the department for establishing and maintaining laboratory
infrastructure, DNA sample storage, DNA analysis, and labor costs for
cases of missing persons and unidentified remains. Funds may also be
distributed by the department to various counties for the purposes
of pathology and exhumation consistent with this title. The
department may also use those funds to publicize the database for the
purpose of contacting parents and relatives so that they may provide
a DNA sample for training law enforcement officials about the
database and DNA sampling and for outreach.
(c) The department shall create an advisory committee, comprised
of coroners and appropriate law enforcement officials, and interested
stakeholders to prioritize the identification of the backlog of
unidentified remains. The identification of the backlog may be
outsourced to other laboratories at the department's discretion.
(d) (1) The death certificate fee increase shall begin and funds
shall be directed to the Missing Persons DNA Data Base Fund beginning
January 1, 2001. Funding for year one shall be used to develop the
database and laboratory infrastructure, and to establish Department
of Justice protocols and personnel.
(2) The Department of Justice shall begin case analysis in 2002.
The Department of Justice shall retain the authority to prioritize
case analysis, giving priority to those cases involving children.
(3) If federal funding is made available, it shall be used to
assist in the identification of the backlog of high-risk missing
person cases and long-term unidentified remains.

[هيثم الفقى]

[align=left]
GENERAL PROVISIONS


14300. (a) The Legislature finds and declares all of the following:

(1) The enforcement of California's environmental laws is
essential to protect human health, the environment, and the state's
economy.
(2) Fair and uniform enforcement of laws and regulations governing
the environment benefits law abiding businesses, firms, and
individuals.
(3) There is a need to better integrate enforcement of
environmental laws into California's established criminal justice
system.
(4) Local and state enforcement agencies can play an increasingly
important role in protecting human health, the environment, and the
state's economy through greater involvement in the enforcement of
environmental laws.
(5) Prosecuting violators of environmental laws often requires
special training to detect violations, understand complex laws, and
prepare and present complicated enforcement cases.
(6) There is a need to support programs that assist local and
state enforcement officials in prosecuting violations of
environmental laws through the training of peace officers,
investigators, firefighters, public prosecutors, and state and local
environmental regulators.
(7) Fair and uniform enforcement of environmental laws is
multidisciplinary and involves law enforcement, fire departments,
state and local environmental regulators, and the offices of local
and state public prosecutors.
(b) For purposes of this title, the following definitions shall
apply:
(1) "Account" means the Environmental Enforcement and Training
Account created pursuant to Section 14303.
(2) "Commission" means the Commission on Peace Officer Standards
and Training.
(3) "Agency" means the California Environmental Protection Agency.

(4) "Secretary" means the Agency Secretary for the California
Environmental Protection Agency or his or her designee.
(5) "Environmental laws" means state and federal environmental
laws and regulations that impact public health and the environment,
including, but not limited to, those that regulate toxic and
carcinogenic materials, water quality, air quality, waste management,
pesticides, and wildlife resources.
(6) "Public prosecutor" means district attorneys, city attorneys,
city prosecutors, county counsels, and the Attorney General and his
or her deputies.
(7) "Environmental regulator" means an employee of any state or
local agency whose jurisdiction includes implementation, enforcement,
or both implementation and enforcement of environmental laws.
(8) "Environmental enforcement" means the enforcement of
environmental laws.
(c) This title shall be known and may be cited as the
Environmental Enforcement and Training Act of 2002.
(d) It is the intent of the Legislature that the funds to
implement this title, as specified in Section 14314, come from public
and private contributions, and from the proceeds from any
contributed state or federal court judgments, and that no funds be
expended from the General Fund, other than from the Environmental
Enforcement and Training Account, or other funds appropriated to, or
authorized for expenditure by, the agency, to implement this title.
It is the intent of the Legislature that the funds to implement this
title shall be expended only from the account. It is the intent of
the Legislature that funding provided from the account shall
supplement, not supplant existing funding.



14301. (a) There is hereby established in the agency, a program of
financial assistance to do all of the following:
(1) Provide for statewide education and training programs in the
enforcement of environmental laws for peace officers, investigators,
state and local environmental regulators, and public prosecutors.
(2) Establish enhanced local environmental enforcement efforts.
(3) All funds made available to the agency for the purposes of
this title shall be administered and distributed by the secretary.
(b) Not later than 12 months after the date when this title may be
implemented, as specified in Section 14314, the secretary shall
prepare and issue regulations, which shall, at a minimum, describe
how grants are to be allocated or awarded pursuant to this title, the
procedures for applying for these grants, the criteria to be used in
determining which applications will be funded, and the
administrative and fiscal requirements governing the receipt and
expenditure of these grants.
(c) The secretary shall allocate and award funds to public
agencies or private nonprofit organizations for purposes of
supporting statewide environmental enforcement education and training
programs for peace officers, investigators, state and local
environmental regulators, and public prosecutors pursuant to Chapter
2 (commencing with Section 14304) and Chapter 3 (commencing with
Section 14306), which meet the criteria established pursuant to those
chapters. To ensure that these programs are coordinated with
existing peace officer training, the commission shall be consulted
prior to the allocation of funds to peace officer education and
training programs.
(d) The secretary shall allocate and award funds to support the
Environmental Circuit Prosecutor Project pursuant to Chapter 4
(commencing with Section 14309) for the purpose of improving
enforcement of environmental laws by enhancing the investigation and
prosecution of violations of those laws.



14303. (a) There is hereby created, in the General Fund, the
Environmental Enforcement and Training Account and up to two million
dollars ($2,000,000) in the account may be expended annually by the
agency, upon appropriation by the Legislature, for the purposes of
this title.
(b) The agency may accept and receive any contribution of funds
from a public or private organization or an individual, including the
proceeds from a judgment in state or federal court, when the funds
are contributed or the judgment specifies that the proceeds are to be
used to carry out the purposes of this title. Private contributors
shall not have the authority to further influence or direct the use
of their contributions.
(c) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) in the account.
(d) As of January 1, 2003, all unallocated funds in the Hazardous
Materials Enforcement and Training Account created pursuant to
Chapter 743 of the Statutes of 1992 that derive from court judgments
specifying that the funds may be used only for purposes of this title
shall be transferred to the Environmental Enforcement and Training
Account.
[/align]

[هيثم الفقى]

[align=left]14304. (a) The commission shall develop or review and certify, not
later than 12 months after the date when this title may be
implemented, as specified in Section 14314, a course or courses of
instruction for training local and state peace officers in the
detection of violations, and in the apprehension of suspected
violators, of state and local environmental laws.
(b) The course or courses of instruction shall, at a minimum,
include training on all of the following:
(1) Understanding environmental laws.
(2) Detecting violations of environmental laws.
(3) Knowing steps to take when violations are discovered in order
to protect public health and facilitate prosecution of violators.[/align]