CSSB 13(JUD) AM(CT RULE FLD): "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings."
00CS FOR SENATE BILL NO. 13(JUD) am(ct rule fld) 01 "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) 02 profiles in civil and criminal proceedings." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS AND STATEMENT OF PURPOSE. The 05 legislature finds that 06 (1) recent developments in molecular biology and genetics have important 07 applications for forensic science; except for identical twins, the DNA of every person is 08 unique. DNA typing methods can be used to characterize the DNA of an individual; 09 (2) the discriminating power of DNA typing is far superior to non-DNA 10 genetic marker testing methods and DNA typing methods have proven to be a reliable and 11 scientifically accepted tool for the investigation and prosecution of sex offenses and other 12 crimes; 13 (3) scientific evidence provides an increasingly critical source of information 14 in civil and criminal litigation;
01 (4) court decisions guiding the admissibility of scientific evidence in the state 02 courts impose a requirement on the introduction of expert scientific testimony that condition 03 the introduction of that testimony on the degree of its validation within the community, that 04 is, to its general acceptance by experts in the relevant scientific field; 05 (5) under the court decisions, trial courts are empowered to evaluate the quality 06 of expert witnesses' opinions and to exclude opinions that have not achieved general 07 acceptance in the scientific community; 08 (6) the ability of a trial court to exclude opinion evidence that has not achieved 09 general acceptance in the scientific community may prohibit introduction and consideration 10 of DNA profile evidence and testimony based on experimental scientific information that 11 could be useful to the trier of fact; and 12 (7) to better assure that relevant DNA profile evidence may be considered, the 13 "general acceptance" principle for admissibility of scientific testimony should be replaced and 14 a more flexible approach to the use of opinion testimony should be adopted. 15 * Sec. 2. AS 09.25 is amended by adding a new section to read: 16 Sec. 09.25.300. ADMISSIBILITY OF DNA PROFILES. (a) In a civil action 17 or proceeding, the evidence of a DNA profile is admissible to prove or disprove any 18 relevant fact. 19 (b) A party seeking to introduce the evidence of a DNA profile shall 20 (1) notify all other parties in writing, on or before a date determined by 21 order or rule of the court, of the party's intention to introduce the evidence; and 22 (2) provide all other parties, on or before a date determined by order 23 or rule of the court, copies of the DNA profiles and the report or statement of the 24 profile to be introduced. 25 (c) If the notice required by (b) of this section is not timely provided and a 26 party attempts to introduce the evidence, the court may, in its discretion, either allow 27 the opposing party a continuance or, under appropriate circumstances, bar the party 28 from presenting the evidence. 29 (d) If a party to whom notice is given under (b) of this section intends to 30 object to the admissibility of the DNA profile, the party shall give written notice of 31 the objection on or before the date determined by order or rule of the court.
01 (e) In this section, 02 (1) "deoxyribonucleic acid" or "DNA" means the molecules in all 03 cellular forms that contain genetic information in a patterned chemical structure for 04 each individual; 05 (2) "DNA profile" means an analysis of deoxyribonucleic acid material 06 in a human sample of blood, semen, tissue, or other DNA-bearing cells resulting in the 07 identification of the individual's patterned chemical structure of genetic information. 08 * Sec. 3. AS 12.45 is amended by adding a new section to read: 09 Sec. 12.45.035. ADMISSIBILITY OF DNA PROFILES. (a) In a criminal 10 action or proceeding, the evidence of a DNA profile is admissible to prove or disprove 11 any relevant fact. 12 (b) A party seeking to introduce the evidence of a DNA profile shall 13 (1) notify all other parties in writing, on or before a date determined 14 by order or rule of the court, of the party's intention to introduce the evidence; and 15 (2) provide all other parties, on or before a date determined by order or 16 rule of the court, copies of the DNA profiles and the report or statement of the profile 17 to be introduced. 18 (c) If the notice required by (b) of this section is not timely provided and a 19 party attempts to introduce the evidence, the court may, in its discretion, either allow 20 the opposing party a continuance or, under appropriate circumstances, bar the party 21 from presenting the evidence. 22 (d) If a party to whom notice is given under (b) of this section intends to 23 object to the admissibility of the DNA profile, the party shall give written notice of 24 the objection on or before the date determined by order or rule of the court. 25 (e) In this section, 26 (1) "deoxyribonucleic acid" or "DNA" means the molecules in all 27 cellular forms that contain genetic information in a patterned chemical structure for 28 each individual; 29 (2) "DNA profile" means an analysis of deoxyribonucleic acid material 30 in a human sample of blood, semen, tissue, or other DNA-bearing cells resulting in the 31 identification of the individual's patterned chemical structure of genetic information.