SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

P.C. § 296(e): Duty of a prosecutor to notify the court of a
defendant’s duty to provide the required samples.
P.C. § 296(f): Duty of a court to inquire and verify that the
required samples have been collected. Abstract of
judgment to show that a defendant was ordered to provide
such samples, and advisal to a defendant that he or she will
be included in the DNA data bank. Failure to so notify a
defendant is not grounds to invalidate an arrest, plea
conviction or disposition, or affect the defendant’s duty to
provide such samples.
P.C. § 296.1(a): The specimens, samples, and print
impressions shall be collected from persons as described in
P.C. § 296(a) for “present and past qualifying offenses of
record” as follows:
Subd. (a)(1): Collection from any adult following
arrest for a felony offense as described in P.C. §
296(a)(2)(A), (B) and (C):
(A): Immediately following arrest, or
during the booking or intake or reception
center process, or as soon as
administratively practicable after arrest, but,
in any case, prior to release on bail or
pending trial or any physical release from
confinement or custody; or
(B): Upon mandatory order of the court to
report within five calendar days to a county
jail facility or to a city, state, local, private,
or other designated facility.
Subd. (a)(2): Collection from persons (adult or
juvenile) already confined or in custody after
conviction or adjudication:
(A): Immediately upon intake, or during the
prison reception center process, or as soon
as administratively practicable at the
appropriate custodial or receiving institution
or program, if:
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(i): The person has a record of any
past or present conviction or