AB 1727

AB1727:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1727

An act to amend Section 56.182 of the Civil Code, add Section 11107.4 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1727, as amended, Ta. Crimes: unlawful use theft of DNA.

Existing law, the Genetic Information Privacy Act, requires a direct-to-consumer genetic testing company, as defined, to provide a consumer with certain information regarding the company’s policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data, and to obtain a consumer’s express consent for collection, use, or disclosure of the consumer’s genetic data, as specified. Existing law assesses a civil penalty not to exceed $1,000 for a negligent violation of these provisions, and a civil penalty between $1,000 and $10,000, inclusive, for a willful violation of these provisions.

This bill would specify that any person who willfully sells or transfers genetic data, without express consent, as defined, is guilty of a misdemeanor, punishable by up to one year in county jail, a fine not to exceed $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would require all local law enforcement agencies in the state to report to the Attorney General starting July 1, 2027, and annually thereafter, the number of reports filed in the past year on the theft of deoxyribonucleic acid (DNA) and the current status of those cases. The bill would require the Attorney General to, on or before January 1, 2028, report to the Legislature, and post on its internet website, the number of police reports filed on the theft of DNA and the current status of those cases. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 11107.4 is added to the Penal Code, to read:

11107.4. (a) All local law enforcement agencies in the state shall report to the Attorney General starting July 1, 2027, and annually thereafter, the number of reports filed in the past year on the theft of deoxyribonucleic acid (DNA) and the current status of those cases.(b) (1) The Attorney General shall provide a report to the Legislature, and post on its internet website, on or before January 1, 2028, and annually thereafter, the number of police reports filed on the theft of DNA and the current status of those cases.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 56.182 of the Civil Code is amended to read:

56.182.

(a)Any person who negligently violates this chapter shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court.

(b)(1)Except as provided in paragraph (2), any person who willfully violates this chapter shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) plus court costs, as determined by the court.

(2)Any person who willfully sells or transfers genetic data, as defined in subparagraph (A) of paragraph (7) of subdivision (b) of Section 56.18, without express consent, as defined in paragraph (6) of subdivision (b) of Section 56.18, is guilty of a misdemeanor punishable by imprisonment in the county jail for a period of not more than one year, a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

(c)Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or upon a complaint by a person who has suffered injury in fact and has lost money or property as a result of the violation of this chapter.

(d)Court costs recovered pursuant to this section shall be paid to the party or parties that prosecuted the violation. Penalties recovered pursuant to this section shall be paid to the individual to whom the genetic data at issue pertains.

(e)Any provision of a contract or agreement between a consumer and a person governed by this chapter that has, or would have, the effect of delaying or limiting access to a legal remedy for a violation of this chapter shall not apply to the exercise of rights or enforcement pursuant to this chapter.

(f)Each violation of this chapter is a separate and actionable violation.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.