SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

(4): Includes attempts.
(5): These provisions are not intended to preclude
the collection of samples as a condition of a plea for
a non-qualifying offense.
P.C. § 296(b): Provisions apply to all qualifying persons
regardless of the sentence imposed.
P.C. § 296(c): Provisions apply to all qualifying persons
regardless of placement or confinement in any mental
hospital or other public or private treatment facility, and
shall include, but not be limited to, the following persons
including juveniles:
(1): Any person committed to a state hospital or
other treatment facility as a mentally disordered sex
offender, per W&I §§ 6300 et seq.
(2): Any person who has a severe mental disorder,
per P.C. §§ 2960 et seq.
(3): Any person found to be a sexually violent
predator, per P.C. §§ 6600 et seq.
P.C. § 296(d): Provisions are mandatory, and apply even if
not so advised by the court.
One’s religious beliefs might provide a particular
defendant, under the “Religious Freedom
Restoration Act” with a legal excuse for declining
to provide a blood sample if the defendant can:
Articulate the scope of his beliefs;
Show that his beliefs are religious;
Prove that his beliefs are sincerely held; and
Establish that the exercise of his sincerely
held religious beliefs is substantially
burdened.
If defendant can prove the above, the government
may still require that he provide a blood sample if it
can show
© 2011 Robert C. Phillips. All rights reserved
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