RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

* * * * * *

RESOLUTION ESTABLISHING IN THE COUNTY TREASURY A

DNA IDENTIFICATION FUND, WHICH SHALL BE USED TO DEPOSIT

COLLECTED CRIMINAL PENALTIES PURSUANT TO G.C. § 76104.6 FOR

THE PURPOSE OF FUNDING THE COLLECTION, PROCESSING, ANALYSIS, TRACKING, AND STORAGE OF DNA CRIME SCENE SAMPLES

______________________________________________________________

RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, on November 2, 2004 the voters of the State of California passed Proposition 69, creating the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (“the ACT”);

WHEREAS, the ACT expands California law enforcement's right to collect DNA samples and store genetic information in the California DNA and Forensic Identification Database;

WHEREAS, the ACT adds G.C. § 76104.6, which levies an additional penalty of one dollar for every ten dollars ($10) or fraction thereof upon every fine, penalty, or forfeiture imposed by the Court for criminal offenses and requires that the Board of Supervisors establish an interest bearing DNA Identification Fund to deposit said penalties; and

WHEREAS, the ACT provides that a certain percentage of the funds in the account be transferred to the state on a regular basis, and that funds remaining in the account after said transfer shall be used to reimburse the local sheriff or other law enforcement agencies to collect DNA specimens, samples, and print impressions and related expenditures;

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the County Controller is hereby authorized and directed to establish in the County Treasury an interest bearing “DNA Identification Fund “ pursuant to Government Code §76104.6.BE IT FURTHER DETERMINED AND ORDERED that following transfer of the funds to the state as required by law, the remainder of the funds shall be used to support the Sheriff’s forensic laboratory, consistent with the objectives and requirements set forth in Government Code § 76104.6.

* * * * * *