Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS / CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 / ARTICLE 4. Collection and Forwarding of Samples
California Codes

Cal. Penal Code § 298.3 (2026)

Collection and Forwarding of Samples

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI’s CODIS System and the state’s DNA Database and Data Bank Program, the Department of Justice DNA Laboratory is authorized to contract with other laboratories, whether public or private, including law enforcement laboratories, that have the capability of fully analyzing offender specimens or samples within 60 days of receipt, for the anonymous analysis of specimens and samples for forensic identification testing as provided in this chapter and in accordance with the quality assurance requirement established by CODIS and ASCLD/LAB.

(b)Contingent upon the availability of sufficient funds in the state’s DNA Identification Fund established pursuant to Section 76104.6, the Department of Justice DNA Laboratory shall immediately contract with other laboratories, whether public or private, including law enforcement laboratories, for the anonymous analysis of offender reference specimens or samples and any arrestee reference specimens or samples collected pursuant to subdivision (a) of Section 296 for forensic identification testing as provided in subdivision (a) of this section and in accordance with the quality assurance requirements established by CODIS and ASCLD/LAB for any specimens or samples that are not fully analyzed and uploaded into the CODIS database within six months of the receipt of the reference specimens or samples by the Department of Justice DNA Laboratory.

Notes of Decisions
Cited in 2 cases, 2008–2011 · leading case: People v. Sharret, 191 Cal. App. 4th 859 (Cal. Ct. App. 2011).
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People v. Sharret, 191 Cal. App. 4th 859 (Cal. Ct. App. 2011). “’ (Pen. Code, § 298.3, subd. (a).) []Q The DNA penalty assessment is similar to the state court facilities construction penalty assessment (Gov.”
People v. Batman, 159 Cal. App. 4th 587 (Cal. Ct. App. 2008). “” (Pen. Code, § 298.3, subd. (a).) The DNA penalty assessment is similar to the state court facilities construction penalty assessment (Gov.”
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