SCS HB 124(JUD): "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes; and providing for an effective date."
00 SENATE CS FOR HOUSE BILL NO. 124(JUD) 01 "An Act relating to the collection of, and the use of reasonable force to collect, a 02 deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for 03 certain crimes; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.41.035(b) is amended to read: 06 (b) The Department of Public Safety shall collect for inclusion into the DNA 07 registration system a blood sample, oral sample, or both, from (1) a person convicted 08 in this state of a crime against a person or a felony under AS 11 or AS 28.35 or a law 09 or ordinance with elements similar to a crime against a person or a felony under 10 AS 11 or AS 28.35, (2) a minor 16 years of age or older, adjudicated as a delinquent 11 in this state for an act that would be a crime against a person or a felony under AS 11 12 or AS 28.35 [,] if committed by an adult or for an act that would violate a law or 13 ordinance with elements similar to a crime against a person or a felony under 14 AS 11 or AS 28.35 if committed by an adult, (3) a voluntary donor, (4) an
01 anonymous DNA donor for use in forensic validation, forensic protocol development, 02 quality control, or population or statistical data bases, and (5) a person required to 03 register as a sex offender or child kidnapper under AS 12.63. The department also 04 may collect for inclusion into the DNA registration system a blood sample, oral 05 sample, or tissue sample from crime scene evidence or from unidentified human 06 remains. The DNA identification registration system consists of the blood, oral, or 07 tissue samples drawn under this section, any DNA or other blood grouping tests done 08 on those samples, and the identification data related to the samples or tests. Blood 09 samples, oral samples, and tissue samples not subject to testing under this section, and 10 test or identification data related to those samples, may not be entered into, or made a 11 part of, the DNA identification registration system. 12 * Sec. 2. AS 44.41.035 is amended by adding new subsections to read: 13 (o) A juvenile or adult correctional, probation, or parole officer or a peace 14 officer may use reasonable force to collect an oral sample for inclusion into the DNA 15 registration system from a person required to submit to collection of a sample under 16 this section, AS 12.55.015(h), 12.55.100(d), AS 33.16.150(a), or another law. 17 (p) A person may not bring a civil action against the state or a municipality, or 18 their employees or agents, for actions arising out of DNA collection in conformity 19 with this section. 20 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. The changes made by this Act apply to all convictions or 23 adjudications of delinquency included under AS 44.41.035(b), as amended by sec. 1 of this 24 Act, that 25 (1) occur on or after the effective date of sec. 1 of this Act; 26 (2) occurred before the effective date of sec. 1 of this Act if the person is 27 incarcerated or is on probation or parole for the offense on or after the effective date of sec. 1 28 of this Act. 29 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).