The 4th District Court of Appeal ruled that Proposition 47, that reduced certain non-violent felonies to misdemeanors, applies to juveile offenders the same as adults. But what happens to the DNA – which is only collected upon felony arrest and not for misdemeanors – when a conviction is retroactively downgraded to a misdemeanor? The court also held that in such cases the DNA collected should be expunged.
As a result, District Attorney Bonnie Dumanis’ office appealed to the California Supreme Court, fighting to prevent DNA from being expunged from the state database as a result of Proposition 47. But the state Supreme Court has now denied a request to take up the appeal.
Dumanis’ office said Wednesday that it is reviewing its options in light of the Supreme Court’s denial. Prosecutors could choose to re-petition the court.
If not, the 4th District’s ruling stands as law of the land in California regarding juveniles and Proposition 47.
Source: The San Diego Union-Tribune