In re L.P. CA1/2
Judge Thomas M. Maddock of the Contra Costa County Juvenile Court took the position that a person who was declared a ward based on conduct that was felonious when committed, which conduct could be reclassified as a misdemeanor in the wake of Proposition 47, was not entitled upon reclassification to have his collected DNA sample and genetic profile removed from the database maintained by the California Department of Justice. That decision was unanimously sustained by the California Supreme Court, which held that “Proposition 47 does not authorize that relief.” The court further held that retention of a ward’s genetic information did not improperly infringe his non-constitutional privacy rights or deprive him of equal protection. Finally, disapproving Alejandro N. v. Superior Court (2015) 238 Cal.App.4th 1209, the court held that the enactment of Penal Code section 299 following passage of Proposition 47 did not require a different result.
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