CSHB 27(FIN): "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 of minors 16 years of age or older who are adjudicated a delinquent for an act that would be a felony crime against a person if committed by an adult; and providing for an effective date."
00CS FOR HOUSE BILL NO. 27(FIN) 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 of 04 minors 16 years of age or older who are adjudicated a delinquent for an act 05 that would be a felony crime against a person if committed by an adult; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 44.41 is amended by adding a new section to read: 09 Sec. 44.41.035. DNA IDENTIFICATION SYSTEM. (a) To support criminal 10 justice services in this state, the Department of Public Safety shall establish a 11 deoxyribonucleic acid (DNA) identification registration system. 12 (b) The Department of Public Safety shall collect for inclusion into the DNA 13 registration system a blood sample, oral sample, or both, from (1) a person convicted 14 of a crime against a person, and (2) a minor 16 years of age or older, adjudicated as
01 a delinquent for an act that would be a crime against a person if committed by an 02 adult. The DNA identification registration system consists of the blood or oral 03 samples drawn under this section, any DNA or other blood grouping tests done on 04 those samples, and the identification data related to the samples or tests. 05 (c) The Department of Public Safety may provide 06 (1) DNA analysis services to law enforcement agencies throughout the 07 state; and 08 (2) assistance to law enforcement officials and prosecutors in the 09 preparation and utilization of DNA evidence for presentation in court. 10 (d) Except as provided in (e) of this section, a local law enforcement agency 11 may not establish or operate a DNA identification registration system unless 12 (1) the equipment and the DNA typing method of the local system are 13 compatible with that of the state system under (a) of this section; 14 (2) the local system is equipped to receive and answer inquiries from 15 the department's DNA identification registration system and transmit data to the 16 department's DNA identification registration system; and 17 (3) procedure and rules for the collection, analysis, storage, 18 expungement, and use of DNA identification data do not conflict with procedures and 19 rules applicable to the department's DNA identification registration system. 20 (e) Nothing in (d) of this section prohibits a local law enforcement agency 21 from performing DNA identification analysis in individual cases to assist law 22 enforcement officials and prosecutors in the preparation and use of DNA evidence for 23 presentation in court. 24 (f) The DNA identification registration system is confidential, is not a public 25 record under AS 09.25.110 - 09.25.140, and may be used only for 26 (1) providing DNA or other blood grouping tests for identification 27 analysis; 28 (2) law enforcement purposes including criminal investigations and 29 prosecutions; 30 (3) statistical blind analysis; or 31 (4) improving the operation of the system.
01 (g) A person from whom a sample has been collected under this section may 02 inspect and obtain a copy of the identification data regarding the person contained 03 within the DNA identification registration system. 04 (h) The Department of Public Safety shall adopt reasonable procedures to 05 protect the DNA identification registration system established under this section from 06 unauthorized access and from accidental or deliberate damage by theft, sabotage, fire, 07 flood, wind, or power failure. 08 (i) The Department of Public Safety shall destroy the material in the system 09 relating to a person if 10 (1) the conviction or adjudication that subjected the person to having 11 a sample taken under this section is reversed; and 12 (2) the person 13 (A) is not retried or readjudicated for the crime; or 14 (B) after retrial, is acquitted of the crime or after readjudication 15 for the crime is not found to be a delinquent. 16 (j) In this section, 17 (1) "crime against a person" means a felony offense, or a felony 18 attempt to commit an offense, under AS 11.41, other than AS 11.41.320, or under 19 AS 11.46.400; 20 (2) "oral sample" means a sample taken from the mouth of a person 21 that consists of saliva or tissue, or both, as is determined by the Department of Public 22 Safety to be necessary to obtain an accurate DNA identification and to otherwise 23 achieve the purposes of this section. 24 * Sec. 2. APPLICABILITY. This Act applies to all convictions occurring on or after the 25 effective date of this Act for a crime against a person, as that term is defined in sec. 1 of this 26 Act. 27 * Sec. 3. This Act takes effect January 1, 1996.