HB 294: "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and to the collection and processing of samples from certain burglary perpetrators for the DNA identification registration system; and providing for an effective date."
00HOUSE BILL NO. 294 01 "An Act relating to violations of an order to submit to deoxyribonucleic acid 02 (DNA) testing, to court orders and conditions of parole to collect samples for 03 DNA testing, to removal of material from the DNA identification registration 04 system; and to the collection and processing of samples from certain burglary 05 perpetrators for the DNA identification registration system; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section. 1. AS 11.56.760(a) is amended to read: 09 (a) A person commits the crime of violating an order to submit to DNA testing 10 if, when requested by a health care professional acting on behalf of the state to provide 11 a blood sample, oral sample, or both, or when requested by a juvenile or adult 12 correctional, probation, or parole officer or a peace officer to provide an oral 13 sample, the person refuses to provide the sample or samples and the person has been 14 (1) ordered to submit to DNA testing as part of a sentence imposed
01 under AS 12.55.015; or 02 (2) convicted of an offense that requires DNA testing under the 03 provisions of AS 44.41.035. 04 * Sec. 2. AS 12.55.015(h) is amended to read: 05 (h) In addition to penalties authorized by this section, the court shall order a 06 person convicted of an offense requiring the state to collect a blood sample, oral 07 sample, or both, for the deoxyribonucleic acid identification registration system under 08 AS 44.41.035 to submit to the collection of 09 (1) the sample or samples when requested by a health care professional 10 acting on behalf of the state to provide the sample or samples ; or 11 (2) an oral sample when requested by a juvenile or adult 12 correctional, probation, or parole officer, or a peace officer . 13 *Sec. 3. AS 12.55.100(d) is amended to read: 14 (d) If the court orders probation for a defendant convicted of an offense 15 requiring the state to collect a blood sample, oral sample, or both, from the defendant 16 for the deoxyribonucleic acid identification registration system under AS 44.41.035, 17 the court shall order the defendant, as a condition of probation, to submit to the 18 collection of 19 (1) the sample or samples when requested by a health care professional 20 acting on behalf of the state to provide the sample or samples ; or 21 (2) an oral sample when requested by a juvenile or adult 22 correctional, probation, or parole officer, or a peace officer . 23 * Sec. 4. AS 33.16.150(a)(12) is amended to read: 24 (12) shall provide a blood sample, an oral sample, or both, when 25 requested by a health care professional acting on behalf of the state to provide the 26 sample or samples , or an oral sample when requested by a juvenile or adult 27 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 28 released after a conviction of an offense requiring the state to collect the sample or 29 samples for the deoxyribonucleic acid identification system under AS 44.41.035. 30 * Sec. 5. AS 44.41.035(b) is amended to read: 31 (b) The Department of Public Safety shall provide for collection, [COLLECT]
01 for inclusion into the DNA registration system , of a blood sample, oral sample, or 02 both, from (1) a person convicted of a crime against a person, [AND] (2) a person 03 convicted of burglary, and (3) a minor 16 years of age or older, adjudicated as a 04 delinquent for an act that would be a crime against a person or burglary if committed 05 by an adult. The DNA identification registration system consists of the blood or oral 06 samples drawn under this section, any DNA or other blood grouping tests done on 07 those samples, and the identification data related to the samples or tests. Blood 08 samples and oral samples from persons not subject to testing under this section, and 09 test or identification data related to those samples, may not be entered into, or made 10 a part of, the DNA identification registration system. 11 * Sec. 6. AS 44.41.035(i) is amended to read: 12 (i) The Department of Public Safety shall , upon receipt of a court order 13 issued at the request of a person whose DNA has been collected under (b) of this 14 section, destroy the material in the system relating to the [A] person . The court shall 15 issue the order if it determines that [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 * Sec. 7. AS 44.41.035(j) is amended by adding a new paragraph to read: 23 (3) "burglary" means an offense, or a felony attempt to commit an 24 offense, under AS 11.46.300 - 11.46.310. 25 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section 26 to read: 27 APPLICABILITY. (a) Sections 1 - 5 and 7 of this Act apply to all offenses occurring 28 on or after January 1, 1996. 29 (b) Section 6 of this Act applies to a request pending on, or received on or after, the 30 effective date of this Act for destruction of material in the DNA identification registration 31 system under AS 44.41.035.
01 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).