CSHB 27(FIN) AM: "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) am 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. Blood 05 samples and oral samples from persons not subject to testing under this section, and 06 test or identification data related to those samples, may not be entered into, or made 07 a part of, the DNA identification registration system. 08 (c) The Department of Public Safety may provide 09 (1) DNA analysis services to law enforcement agencies throughout the 10 state; and 11 (2) assistance to law enforcement officials and prosecutors in the 12 preparation and utilization of DNA evidence for presentation in court. 13 (d) Except as provided in (e) of this section, a local law enforcement agency 14 may not establish or operate a DNA identification registration system unless 15 (1) the equipment and the DNA typing method of the local system are 16 compatible with that of the state system under (a) of this section; 17 (2) the local system is equipped to receive and answer inquiries from 18 the department's DNA identification registration system and transmit data to the 19 department's DNA identification registration system; and 20 (3) procedure and rules for the collection, analysis, storage, 21 expungement, and use of DNA identification data do not conflict with this section and 22 procedures and rules applicable to the department's DNA identification registration 23 system. 24 (e) Nothing in (d) of this section prohibits a local law enforcement agency 25 from performing DNA identification analysis in individual cases to assist law 26 enforcement officials and prosecutors in the preparation and use of DNA evidence for 27 presentation in court. 28 (f) The DNA identification registration system is confidential, is not a public 29 record under AS 09.25.110 - 09.25.140, and may be used only for 30 (1) providing DNA or other blood grouping tests for identification 31 analysis;
01 (2) law enforcement purposes including criminal investigations and 02 prosecutions; 03 (3) statistical blind analysis; or 04 (4) improving the operation of the system. 05 (g) A person from whom a sample has been collected under this section may 06 inspect and obtain a copy of the identification data regarding the person contained 07 within the DNA identification registration system. 08 (h) The Department of Public Safety shall adopt reasonable procedures 09 (1) for the collection, analysis, storage, expungement, and use of the 10 DNA identification registration system; and 11 (2) to protect the DNA identification registration system established 12 under this section from unauthorized access and from accidental or deliberate damage 13 by theft, sabotage, fire, flood, wind, or power failure. 14 (i) The Department of Public Safety shall destroy the material in the system 15 relating to a person if 16 (1) the conviction or adjudication that subjected the person to having 17 a sample taken under this section is reversed; and 18 (2) the person 19 (A) is not retried or readjudicated for the crime; or 20 (B) after retrial, is acquitted of the crime or after readjudication 21 for the crime is not found to be a delinquent. 22 (j) In this section, 23 (1) "crime against a person" means a felony offense, or a felony 24 attempt to commit an offense, under AS 11.41, other than AS 11.41.320, or under 25 AS 11.46.400; 26 (2) "oral sample" means a sample taken from the mouth of a person 27 that consists of saliva or tissue, or both, as is determined by the Department of Public 28 Safety to be necessary to obtain an accurate DNA identification and to otherwise 29 achieve the purposes of this section. 30 * Sec. 2. APPLICABILITY. This Act applies to all convictions occurring on or after the 31 effective date of this Act for a crime against a person, as that term is defined in sec. 1 of this