Legislature(1995 - 1996)

1995-02-08 House Journal

Full Journal pdf

1995-02-08                     House Journal                      Page 0274
HB 27                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 27                                                             
"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 sex offense; and providing for an effective date."                      
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD)  NEW TITLE 5DP 2NR                               141         
	3 FISCAL NOTE (DPS) 1/26/95                                       142         
	ZERO FISCAL NOTE (LAW) 1/26/95                                    142         
	FIN RPT  CS(FIN) NEW TITLE 6DP 4NR 1AM                            226         
	2 FISCAL NOTES (HFC, DPS) 2/3/95                                  227         
	FISCAL NOTE (DPS) 1/26/95 #3                                      227         
	ZERO FISCAL NOTE (LAW) 1/26/95                                    227         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 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."                                              
                                                                               

1995-02-08                     House Journal                      Page 0275
HB 27                                                                        
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered by Representatives Brown and Parnell:              
                                                                               
Page 2, line 5, following "tests.":                                            
                                                                               
	Insert "Blood samples and oral samples from persons not subject               
to testing under this section, and test or identification data related to      
those samples, may not be entered into, or made a part of, the DNA             
identification registration system."                                           
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 2 was offered by Representatives Brown and Parnell:              
                                                                               
Page 2, line 19, following "conflict with":                                    
                                                                               
	Insert "this section and"                                                     
                                                                               
Page 3, line 5, following "procedures":                                        
                                                                               
	Insert                                                                        
		"(1)  for the collection, analysis, storage, expungement,                   
and use of the  DNA identification registration system; and                    
		(2)"                                                                        
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 3 was offered by Representative Brown:                           
                                                                               
Page 1, line 3 (title amendment):                                              
                                                                               
	Delete "crime against a person"                                             
	Insert "sex offense"                                                        
                                                                               

1995-02-08                     House Journal                      Page 0276
HB 27                                                                        
Page 1, line 5 (title amendment):                                              
                                                                               
	Delete "crime against a person"                                             
	Insert "sex offense"                                                        
                                                                               
                                                                               
Page 2, line 1:                                                                
                                                                               
	Delete "crime against a person"                                               
	Insert "sex offense"                                                          
                                                                               
Page 2, line 2:                                                                
                                                                               
	Delete "crime against a person"                                               
	Insert "sex offense"                                                          
                                                                               
                                                                               
Page 3, line 18, after "(1)", through "(2)" on line 21:                        
                                                                               
	Delete all material.                                                          
                                                                               
Page 3, line 24, following "section":                                          
                                                                               
	Insert ";                                                                     
		(2)  "sex offense" means a felony offense, or a felony                      
attempt to commit an offense, under AS11.41.410 - 11.41.455"                   
                                                                               
                                                                               
Page 3, line 26:                                                               
                                                                               
	Delete "crime against a person"                                               
	Insert "sex offense"                                                          
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           

1995-02-08                     House Journal                      Page 0277
HB 27                                                                        
                                                                               
CSHB 27(FIN) am                                                                
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  8   NAYS:  31   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davies, Elton, Finkelstein, Foster, MacLean, Nicholia,           
Robinson                                                                       
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Green,               
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie,              
Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips,                
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis         
                                                                               
Excused:  Kott                                                                 
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Representative Vezey moved and asked unanimous consent that                    
Representative Navarre be excused for the remainder of the day.                
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 4 was offered by Representative Brown:                           
                                                                               
Page 1, lines 3 - 5 (title amendment):                                         
                                                                               
	Delete "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"                                    
                                                                               
Page 1, line 13:                                                               
                                                                               
	Delete "(1)"                                                                  
                                                                               
Page 2, lines 1 - 3:                                                           
                                                                               
	Delete ",  and (2) a minor 16 years of age or older, adjudicated as           
a delinquent for an act that would be a crime against a person if              
committed by an adult"                                                         
                                                                               

1995-02-08                     House Journal                      Page 0278
HB 27                                                                        
Page 3, line 11:                                                               
                                                                               
	Delete "or adjudication"                                                      
                                                                               
Page 3, line 14:                                                               
                                                                               
	Delete "or readjudicated"                                                     
                                                                               
Page 3, lines 15 - 16:                                                         
                                                                               
	Delete "or after readjudication for the crime is not found to be a            
delinquent"                                                                    
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 27(FIN) am                                                                
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Foster, Ivan, Kubina, Mackie,             
MacLean, Nicholia, Robinson, Willis                                            
                                                                               
Nays:  Austerman, Barnes, Bunde, Davies, G.Davis, Finkelstein, Green,          
Grussendorf, Hanley, James, Kelly, Kohring, Martin, Masek, Moses,              
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey,         
Vezey, Williams                                                                
                                                                               
Excused:  Kott, Navarre                                                        
                                                                               
Absent:  Sanders                                                               
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               

1995-02-08                     House Journal                      Page 0279
HB 27                                                                        
Amendment No. 5 was offered by Representative Brown:                           
                                                                               
Page 1, line 1, following "Act" (title amendment):                           
                                                                               
	Insert "directing the judicial council to review and distribute              
information concerning the use of deoxyribonucleic acid (DNA)                  
profiles as evidence in criminal proceedings;"                                
                                                                               
Page 1, line 2 (title amendment):                                              
                                                                               
	Delete "deoxyribonucleic acid (DNA)"                                        
	Insert "DNA"                                                                
                                                                               
Page 1, following line 7:                                                      
                                                                               
	Insert a new bill section to read:                                            
                                                                               
   "* Section 1.  AS 22.20 is amended by adding a new section to             
read: