CSHB 27(JUD): "An Act directing the Department of Public Safety to establish and maintain a deoxyribonucleic acid (DNA) identification registration system and requiring DNA registration by persons convicted of a felony crime against a person; and providing for an effective date."
00CS FOR HOUSE BILL NO. 27(JUD) 01 "An Act directing the Department of Public Safety to establish and maintain a 02 deoxyribonucleic acid (DNA) identification registration system and requiring DNA 03 registration by persons convicted of a felony crime against a person; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that 07 (1) recent developments in molecular biology and genetics have important 08 applications for forensic science; it has been scientifically established that there is a unique 09 pattern to the chemical structure of the deoxyribonucleic acid (DNA) contained in each cell 10 of the human body; the process for identifying this pattern is called "DNA identification"; and 11 (2) the accuracy of identification provided by this method is superior to that 12 of any presently existing technique and recognizes the importance of this scientific 13 breakthrough in providing a reliable and accurate tool for the investigation and prosecution 14 of offenses.
01 * Sec. 2. AS 44.41 is amended by adding a new section to read: 02 Sec. 44.41.035. DNA IDENTIFICATION SYSTEM. (a) To support criminal 03 justice services in this state, the Department of Public Safety shall establish a 04 deoxyribonucleic acid (DNA) identification registration system. The DNA 05 identification registration system as established shall be compatible with that utilized 06 by the Federal Bureau of Investigation. 07 (b) A person convicted in this state of a crime against a person shall have a 08 blood sample drawn for purposes of DNA identification analysis. A blood sample 09 taken under this section may be used only for the purpose of providing DNA or other 10 blood grouping tests for identification analysis, for preparation of statistical blind 11 analysis, and prosecution of criminal offenses. 12 (c) The Department of Public Safety may provide 13 (1) DNA analysis services to law enforcement agencies throughout the 14 state; and 15 (2) assistance to law enforcement officials and prosecutors in the 16 preparation and utilization of DNA evidence for presentation in court. 17 (d) Except as provided in (e) of this section, a local law enforcement agency 18 may not establish or operate a DNA identification registration system unless 19 (1) the equipment and the DNA typing method of the local system are 20 compatible with that of the state system under (a) of this section; 21 (2) the local system is equipped to receive and answer inquiries from 22 the department's DNA identification registration system and transmit data to the 23 department's DNA identification registration system; and 24 (3) procedure and rules for the collection, analysis, storage, 25 expungement, and use of DNA identification data do not conflict with procedures and 26 rules applicable to the department's DNA identification registration system. 27 (e) Nothing in (d) of this section prohibits a local law enforcement agency 28 from performing DNA identification analysis in individual cases to assist law 29 enforcement officials and prosecutors in the preparation and use of DNA evidence for 30 presentation in court. 31 (f) DNA identification data may not be used for any purpose that is not related
01 to a criminal investigation or to improving the operation of the system authorized by 02 this section. 03 (g) In this section, "crime against a person" means a felony offense, or a 04 felony attempt to commit an offense, under AS 11.41, other than AS 11.41.320, or 05 under AS 11.46.400. 06 * Sec. 3. APPLICABILITY. This Act applies to all convictions occurring on or after the 07 effective date of this Act for a crime against a person, as that term is defined in sec. 2 of this 08 Act. 09 * Sec. 4. This Act takes effect January 1, 1996.