§ 1059. DNA Collection, Use of Force.
15 CA ADC § 1059Barclays Official California Code of RegulationsEffective: January 1, 2023
Effective: January 1, 2023
15 CCR § 1059
§ 1059. DNA Collection, Use of Force.
(a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request.
(c) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively.
Credits
Note: Authority cited: Sections 298.1, 6024 and 6030, Penal Code. Reference: Sections 298.1 and 6030, Penal Code.
History
1. New section filed 11-5-2004; operative 12-5-2004 (Register 2004, No. 45).
2. Repealer of former subsection (b)(2) and redesignation of former subsection (b)(1) as subsection (c) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
3. Amendment of subsection (b) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
4. Amendment of subsection (b) filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 1059, 15 CA ADC § 1059
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