Why did Court order the Sheriff to obtain a DNA sample under PC296(a)(1) pursuant to PC296 when guilty pea of 11350a entered?

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Question

Why did Court order the Sheriff to obtain a DNA sample under PC296(a)(1) pursuant to PC296 when guilty pea of 11350a entered?

Anonymous Mar 25, 2014 Criminal Defense 5 views 3 answers

I don't know if my friend had a prior drug felony , but I am wondering if this DNA test could mean he had a prior sex offender conviction. His friend who was arrested with him for a first drug offense did not have to provide a DNA sample when convicted. Can you help me understand this? I tried looking up the PC296 codes and see different reasons for this.

Greg Hill · Answer 1 · 2026-06-15T11:00:34+00:00

11350(a) is a felony and Penal Code 296 mandates this. The collection of the DNA has nothing to do with a sex offense. Moreover, I believe your case is in Orange County. Orange County vigilantly collects a DNA sample on every case, even misdemeanors,, as a condition of a plea. I am not sure why your friend did not have to provide a sample, but maybe he pled to a misdemeanor.

Andrew Roberts · Answer 2 · 2026-06-15T11:00:34+00:00

Andrew Roberts

Andrew Roberts · Jun 15, 2026

This offense requires a DNA sample. Many courts are requiring DNA samples as a condition to pleas.

0 upvotes

Robert Marshall · Answer 3 · 2026-06-15T11:00:34+00:00

Penal Code 296(a)(1) requires ANY person convicted of a felony to provide a DNA sample for the statewide database. If your friend's codefendant was convicted of a felony, the court was legally required to order him to provide a sample, too, but judges sometimes forget. Penal Code 296(a)(2) is a different sub-section that requires people arrested for certain offenses to provide a DNA sample.

Why did Court order the Sheriff to obtain a DNA sample under PC296(a)(1) pursuant to PC296 when guilty pea of 11350a entered?

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