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High court declines to hear Prop 47 DNA case

Posted By Administration, Friday, October 16, 2015

The state Supreme Court has denied a request to take up an appeal by District Attorney Bonnie Dumanis, who was fighting to prevent DNA from being expunged from the state database as a result of Proposition 47.

The case in question relates only to juveniles who are seeking to have their low-level felony convictions reduced to misdemeanors under the new law, but precedent set in this case could affect a much larger population of adult offenders down the road.

The District Attorney’s Office appealed to the California Supreme Court after the 4th District Court of Appeal ruled that Proposition 47 applies to juvenile offenders the same as adults. The court also held that if an offender has his felony reduced to a misdemeanor, then the DNA collected as a result of that felony should be expunged. DNA is not collected for misdemeanor crimes.

According to law, juveniles must give DNA only under a felony conviction, known as a “true finding,” while adults give DNA upon a felony arrest.

Proposition 47, passed by voters in November, doesn’t specifically address either juveniles or DNA in its language.

Read the whole story at The San Diego Union-Tribune

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