Californians Pass DNA and Public Records Propositions

California passed two technology related propositions on Nov. 2.

Proposition 69, requiring DNA samples, passed with 61.1 percent of Californians voting for the proposition.

Summary of proposition 69 prepared by the California Attorney General:

• Requires collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specified crimes, and submission to state DNA database; and, in five years, from adults arrested for or charged with any felony.


• Authorizes local law enforcement laboratories to perform analyses for state database and maintain local database.


• Specifies procedures for confidentiality and removing samples from databases.


• Imposes additional monetary penalty upon certain fines/forfeitures to fund program.


• Designates California Department of Justice to implement program, subject to available moneys: authorizes $7,000,000 loan from legislature for implementation.

Fiscal Impact:

• Net state costs to collect and analyze DNA samples of potentially several million dollars initially, increasing to nearly $20 million annually when the costs are fully realized in 2009--10.


• Local costs to collect DNA samples likely more than fully offset by revenues, with the additional revenues available for other DNA-related activities.

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Proposition 59, public records, passed with 83.2 percent of Californians voting for the proposition.

Summary of proposition 59 prepared by the California Attorney General:

Measure amends state constitution to:

• Provide right of public access to meetings of government bodies and writings of government officials.


• Provide that statutes and rules furthering public access shall be broadly construed, or narrowly construed if limiting access.


• Require future statutes and rules limiting access to contain findings justifying necessity of those limitations.


• Preserve constitutional rights including rights of privacy, due process, equal protection; expressly preserves existing constitutional and statutory limitations restricting access to certain meetings and records of government bodies and officials, including law enforcement and prosecution records.

Exempts legislature's records and meetings.

Fiscal Impact:

• Potential minor annual state and local government costs to make additional
  information available to the public.