October 4, 2015
Enacted as a contingent legislative response to People v. Buza (2014), in which the Court of Appeal held that Proposition 69's warrantless felony-arrestee DNA collection violated the California Constitution. Amended and added Penal Code §§ 298 and 299 to provide that, only if the California Supreme Court upheld Buza, an arrestee's sample could be forwarded to the Department of Justice solely after a felony arrest warrant, grand jury indictment, or judicial probable-cause determination, and to require automatic destruction and expungement of a non-qualifying arrestee's sample without an application. Ch. 487. Approved October 4, 2015. (The California Supreme Court reversed Buza in 2018 and upheld arrestee collection, so the contingent provisions never took effect.)