Search warrants: newborn screening program.

Existing law requires the State Department of Public Health to establish a genetic disease unit to, among other responsibilities, promote a statewide program of information, testing, and counseling services related to genetic diseases, and administer that information, testing, and counseling to each child born in the state, as specified. Existing law requires all information obtained from persons involved in hereditary disorders programs to be held strictly confidential. Existing law sets forth the grounds and procedures for the issuance of a search warrant and authorizes the issuance of a search warrant upon specified grounds, including that the property or things to be seized consist of an item or constitute evidence that tends to show a felony has been committed or that a particular person has committed a felony. This bill would authorize the department to release a physical blood test taken from a newborn to law enforcement in response to a search warrant only if the objective of the warrant is to obtain the DNA of a missing person suspected to be a victim of homicide, child abuse resulting in death, or manslaughter in order to compare the DNA to other samples in the Department of Justice Missing Persons DNA Database and to upload the sample for future identification of the person. Existing law requires the department, commencing July 1, 2026, to annually generate a report to the Legislature regarding the newborn screening program, including the number of new residual screening specimens collected during the previous calendar year, until the department has provided 5 annual reports. The bill would require the department, as part of its annual report, to report to the Legislature the number of search warrants received by and the number of disclosures granted by the department.