Brewer

I. Introduction

After he was convicted of grand theft (Pen. Code, § 487), the trial court ordered Robert Brewer to provide blood and saliva samples as a condition of probation. In so doing it relied, as authority for this condition, on section 296.1, subdivisions (c) and (d), of the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (the DNA Act) (§ 295 et seq.). The trial court imposed this requirement on the basis of Brewer’s prior conviction for sexual battery, not his current conviction for grand theft. Brewer argues that the trial court’s reasoning was improper and that the provision of blood and saliva samples cannot be a condition of probation unless the current crime is a qualifying offense under the DNA Act.

We conclude that, under the facts of this case, section 296.1, subdivisions (c) and (d), do not permit imposition of this condition of probation. However, while those subdivisions did not give the trial court the authority to impose this condition of probation, another portion of the DNA Act that requires the provision of blood and saliva samples by individuals subject to the sexual-offender registration requirements, did give the court…