§ 1363. Use of Reasonable Force to Collect DNA Specimens, Samples, Impressions.
15 CA ADC § 1363Barclays Official California Code of Regulations
15 CCR § 1363
§ 1363. Use of Reasonable Force to Collect DNA Specimens, Samples, Impressions.
(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, and 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.
(1) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped. 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 court proceeding, the tape shall be retained administratively.
Credits
Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and Institutions Code.
History
1. New section filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
2. Repealer of subsection (b)(2) and amendment of Note filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 15, § 1363, 15 CA ADC § 1363
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