Legislature(2005 - 2006)HOUSE FINANCE 519

04/19/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 475 PUB EMPLOYEE & TEACHER RETIREMENT & SBS TELECONFERENCED
Moved CSHB 475(FIN) Out of Committee
-- Testimony <Invitation Only> --
+ HB 325 POST-CONVICTION DNA TESTING TELECONFERENCED
Moved CSHB 325(FIN) Out of Committee
+ SB 55 AGRICULTURAL LAND TELECONFERENCED
<Bill Hearing Postponed>
+ SB 200 USE OF FORCE TO PROTECT SELF/HOME TELECONFERENCED
<Bill Hearing Postponed>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 29 HEALTH CARE INSUR./COMP HEALTH INS. ASSN TELECONFERENCED
<Bill Hearing Postponed>
+= HB 399 ELDER FRAUD AND ASSISTANCE/OPA TELECONFERENCED
Moved CSHB 399(FIN) Out of Committee
HOUSE BILL NO. 325                                                                                                            
                                                                                                                                
     "An Act relating to post-conviction DNA testing; and                                                                       
     amending Rule 35.1, Alaska Rules of Criminal                                                                               
     Procedure."                                                                                                                
                                                                                                                                
REPRESENTATIVE  GABRIELLE LEDOUX  introduced HB  325, an  Act                                                                   
relating to post-conviction DNA testing.                                                                                        
                                                                                                                                
KIM WALLACE, STAFF, REPRESENTATIVE  GABRIELLE LEDOUX, related                                                                   
that  CS  for  HB  325  (JUD),  Version  X,  was  before  the                                                                   
committee.   It is  "An act relating  to post-conviction  DNA                                                                   
testing  and  amending  Rule  35.1 of  the  Alaska  Rules  of                                                                   
Criminal  Procedure".   Currently,  40 other  states  provide                                                                   
convicted persons access to DNA testing.                                                                                        
                                                                                                                                
Ms. Wallace referred to a handout  in the packets prepared by                                                                   
Legislative Research,  dated February 1, 2006,  which shows a                                                                   
sample of states that have adopted  legislation pertaining to                                                                   
post-conviction DNA  testing within the past 5-6  years.  The                                                                   
Innocence  Project states  that since  1989, over 170  people                                                                   
imprisoned  in the  U.S. have  been  proven innocent  through                                                                   
post-conviction DNA testing.                                                                                                    
                                                                                                                                
The  intent of  HB  325 is  to  improve the  Alaska  Criminal                                                                   
Justice  system for  all Alaskans  by  providing a  statutory                                                                   
right to DNA  testing.  Specifically, this Act  establishes a                                                                   
procedure   for  application   for   DNA   testing  and   the                                                                   
appointment of  counsel.  This  legislation can help  free an                                                                   
innocent person, and let law enforcement  and the public know                                                                   
that a guilty and dangerous person is still at large.                                                                           
                                                                                                                                
Ms. Wallace  reported that her  office has collaborated  with                                                                   
the Department  of Public  Safety, the  Division of  Juvenile                                                                   
Justice, the  Department of Law,  the Innocence  Project, and                                                                   
members of  the House  Judiciary Committee  to make HB  325 a                                                                   
better bill.   There also was a House  Judiciary subcommittee                                                                   
formed which met on three separate  occasions before the bill                                                                   
was passed  out of  House Judiciary.   Not every  change that                                                                   
was  requested  was  made;  however,  the  bill  mirrors  the                                                                   
consensus of the subcommittee members.                                                                                          
                                                                                                                                
Ms. Wallace related that an amendment  that was made in House                                                                   
Judiciary, on  page 3, lines  21-25, has been  discussed with                                                                   
the   Department  of   Public   Safety,   and  the   amender,                                                                   
Representative Max Gruenberg.   The word "any" on line 21 can                                                                   
be  deleted,   and  the  words   "any  person"  on   line  22                                                                 
substituted with  "the applicant".   This would  help clarify                                                                   
the intent of section (D).                                                                                                      
                                                                                                                                
The  majority  of the  fiscal  notes  came  back as  zero  or                                                                   
indeterminate.     The  sponsor  does  not   feel  that  this                                                                   
legislation will  inundate the  courts with frivolous  claims                                                                   
from  applicants   and  therefore  asks  this   committee  to                                                                   
consider an indeterminate  fiscal note for the  Department of                                                                   
Law.                                                                                                                            
                                                                                                                                
Ms.  Wallace concluded  that  if  HB 325  can  help just  one                                                                   
person prove their innocence,  and the real perpetrator to be                                                                   
identified by DNA  testing, then "we will have  achieved what                                                                   
we set out to do".                                                                                                              
                                                                                                                                
1:59:09 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch asked  if the  legal system  allows                                                                   
this  to  happen  already  without the  bill.    Ms.  Wallace                                                                   
responded  that there  are post-conviction  release  statutes                                                                   
under Title  12, Section 72.   She thought that there  has to                                                                   
be two  criteria,  newly discovered  evidence or  ineffective                                                                   
assistance of council.   The bill  sets forth a procedure for                                                                   
a judge to follow for post-conviction DNA testing.                                                                              
                                                                                                                                
2:00:56 PM                                                                                                                    
                                                                                                                                
STEPHEN  SALOOM, INNOCENCE  PROJECT, NEW  YORK, related  that                                                                   
the passage  of this legislation  will enable Alaska  to join                                                                   
the 40  other states that  have addressed the  potential that                                                                   
DNA  has  to  prove the  accuracy  of  the  criminal  justice                                                                   
system.     The  bill   creates  a   route  for   considering                                                                   
applications  to test  evidence that could  confirm guilt  or                                                                   
find  innocence.   Across the  country,  175 innocent  people                                                                   
have  been  freed from  prison.    Other  states have  had  a                                                                   
positive experience.   There have  been no reports  that this                                                                   
law would  be a burden on the  court.  He emphasized  that no                                                                   
one benefits by an innocent person  being convicted.  The law                                                                   
addresses  whether further  testing  of  evidence could  help                                                                   
settle claims of a mistaken conviction.                                                                                         
                                                                                                                                
Mr. Saloom  addressed the time  limitation in the bill.   Ms.                                                                   
Carpeneti  suggested a  due diligence  standard in the  bill.                                                                   
Mr. Saloom maintained  that there is no such  standard in any                                                                   
other state.  Most states allow  the tests to be requested at                                                                   
any  time.   Unnecessary litigation  might be  created by  an                                                                   
open or vague due diligence standard.                                                                                           
                                                                                                                                
Mr. Saloom  addressed  the Department  of Law's fiscal  note,                                                                   
which  provides  for hiring  another  attorney  to deal  with                                                                   
these situations.   He  maintained that  this law would  save                                                                   
money  by  providing  the  courts   with  a  clear  path  for                                                                   
accessing  requests to  retest biological  evidence for  DNA,                                                                   
and thus, eliminate the need for litigation.                                                                                    
                                                                                                                                
2:05:46 PM                                                                                                                    
                                                                                                                                
CLIFF  STONE,  LEGISLATIVE  LIAISON,   DEPARTMENT  OF  PUBLIC                                                                   
SAFETY, addressed  the preservation of evidence on  page 3 of                                                                   
the bill.   He suggested  that the word  "any" be  deleted on                                                                   
page  3, line  21,  and  that in  line  22, "any  person"  be                                                                   
deleted.   He  said "the  applicant"  is acceptable  wording.                                                                   
The crux of the  preservation of evidence seems  to be in the                                                                   
retention  of  evidence for  the  lifetime of  the  convicted                                                                   
person.   The Department  is not clear  on who would  qualify                                                                   
under the  bill.   He said that  the bill  would not  have an                                                                   
immediate  impact   on  the  Department  and   on  other  law                                                                   
enforcement   agencies.    Evidence   lockers  would   become                                                                   
problematic in the  future because evidence needs  to be kept                                                                   
forever so facilities will have to be enlarged.                                                                                 
                                                                                                                                
2:10:08 PM                                                                                                                    
                                                                                                                                
Representative  Stoltze asked  if Palmer's cramped  facility,                                                                   
which is shared by all law enforcement  agencies, is typical.                                                                   
Mr. Stone  said it  was typical.   Mr.  Stone projected  that                                                                   
future management  of evidence  would require a  new database                                                                   
and management adjustments, as well as more storage.                                                                            
                                                                                                                                
Representative Stoltze asked if  the proposed crime lab would                                                                   
solve  the problem.    Mr. Stone  said it  would  not.   That                                                                   
consists of evidence  that is sent and reduced  to a database                                                                   
or  a small  storage  space.   He explained  that  biological                                                                   
evidence can  range from  10 to 15  boxes worth of  material,                                                                   
depending on the  case, and can be retained for  years.  This                                                                   
law  would mandate  that evidence  be  kept for  the next  99                                                                   
years.                                                                                                                          
                                                                                                                                
Co-Chair Meyer asked if there  was a concern about line 21 on                                                                   
page 3.   Mr. Stone replied that  the word "any" seems  to be                                                                   
all-inclusive  and is not  needed.  On  line 22,  the drafter                                                                   
meant to say "the applicant" instead of "any person".                                                                           
                                                                                                                                
2:14:24 PM                                                                                                                    
                                                                                                                                
Representative  Holm asked about  available technology  and a                                                                   
statewide  DNA  agency.    He  suggested  finding  a  storage                                                                   
facility before this bill passes.                                                                                               
                                                                                                                                
Mr. Stone  said that  idea deserves some  merit.   With Post-                                                                   
conviction DNA testing, evidence  needs to be kept in case of                                                                   
a  need to  re-test.    Representative Holm  suggested  using                                                                   
technology for the preservation and storage of evidence.                                                                        
                                                                                                                                
2:17:48 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula MOVED to  ADOPT Amendment  1, which,                                                                   
on page  2, line  7, would  delete "and  any lesser  included                                                                   
offense".                                                                                                                       
                                                                                                                                
Representative Stoltze OBJECTED for discussion purposes.                                                                        
                                                                                                                                
Representative Kerttula  explained that the problem  with the                                                                   
language is  that it is too  broad.  Co-Chair  Chenault asked                                                                   
for clarification.   Representative Kerttula stated  that the                                                                   
problem lies  with the application  to be considered  for re-                                                                   
testing.   Now it  states that the  person must declare  that                                                                   
they  are   innocent  of  everything   before  they   can  be                                                                   
considered.  She shared a family  story.  She maintained that                                                                   
a person  should only  have to claim  innocence of  the crime                                                                   
for which they were convicted.                                                                                                  
                                                                                                                                
2:21:31 PM                                                                                                                    
                                                                                                                                
Representative   LeDoux  said  she   could  live   with  that                                                                   
amendment.   She  said she  was  aiming for  someone who  was                                                                   
totally innocent.                                                                                                               
                                                                                                                                
Representative Weyhrauch  agreed that, in the  context of the                                                                   
bill,  the amendment  makes sense.    He gave  an example  of                                                                   
exoneration  for  committing  another  crime.   He  spoke  in                                                                   
support of the amendment.                                                                                                       
                                                                                                                                
Representative  LeDoux said  she had  thought of the  example                                                                   
that  Representative  Weyhrauch  gave,  but such  an  offense                                                                   
would be considered separately.                                                                                                 
                                                                                                                                
2:24:44 PM                                                                                                                    
                                                                                                                                
Representative   Hawker  requested   an   opinion  from   the                                                                   
Department of Law.                                                                                                              
                                                                                                                                
                                                                                                                                
SUSAN  PARKS,  DEPUTY ATTORNEY  GENERAL,  CRIMINAL  DIVISION,                                                                   
DEPARTMENT  OF LAW, stated  that the  Department of  Law does                                                                   
not support  Amendment 1.  She  said her concern is  that the                                                                   
amendment  would allow  a person  who has  been convicted  of                                                                   
               st                                                                                                               
murder in the 1  degree to request  DNA testing.  The bill is                                                                   
not made  for that purpose.   It should not disturb  a jury's                                                                   
conclusion.                                                                                                                     
                                                                                                                                
ANNE CARPENETI, ASSISTANT   ATTORNEY  GENERAL, LEGAL SERVICES                                                                   
SECTION-JUNEAU,   CRIMINAL  DIVISION,   DEPARTMENT  OF   LAW,                                                                   
presented  the other  side of  the  issue.   The finality  of                                                                   
judgment  is  very  important  in  all  courts.    There  are                                                                   
specific rules  about how  to attack  a conviction  after the                                                                   
fact.  The bill has to be limited  to support the finality of                                                                   
judgment and should be directed to the innocent person.                                                                         
                                                                                                                                
2:28:35 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula   asked  for  examples   of  lesser-                                                                   
included offenses that are possible  under Murder.  Ms. Parks                                                                   
responded  "from  Murder  I  down   to  Criminally  Negligent                                                                   
Homicide".   Representative Kerttula  said it is  technically                                                                   
correct  to say  not guilty  to assault,  all the  way up  to                                                                   
murder.   The language that  reads "any"  is too broad.   Ms.                                                                   
Parks agreed  that it  would include  "any lesser  included".                                                                   
Representative  Kerttula  related   that  all  of  the  other                                                                   
charges  would  have  been  made.   If  the  person  was  not                                                                   
innocent, other things would preclude  the person going free.                                                                   
                                                                                                                                
Ms.  Parks   countered  that  there  are   often  stand-alone                                                                   
homicides.  She explained how  DNA testing would work.  A new                                                                   
trial on  everything could  be requested  if the DNA  results                                                                   
were favorable.   She  urged the  committee to keep  criteria                                                                   
tight.                                                                                                                          
                                                                                                                                
2:32:42 PM                                                                                                                    
                                                                                                                                
Mr. Saloom  shared that in other  states the motions  for DNA                                                                   
testing have  been fought even  after a person  was released.                                                                   
Prosecutors  held  open  the  possibility  of  re-trying  the                                                                   
person or  fought the  motion to vacate  the conviction.   If                                                                   
the  person is  innocent, but  was found  guilty, a  talented                                                                   
attorney  could  argue that  maybe  that DNA  exonerates  the                                                                   
person from the higher crime,  but the evidence shows that he                                                                   
or she was  at the scene.   He voiced a concern  that skilled                                                                   
attorneys  could  prevent  getting  to  the  testing  of  the                                                                   
evidence.                                                                                                                       
                                                                                                                                
A roll call vote  was taken on the motion to  ADOPT Amendment                                                                   
1.                                                                                                                              
                                                                                                                                
IN FAVOR: Kerttula, Weyhrauch, Joule                                                                                            
OPPOSED: Foster, Hawker, Holm, Kelly, Chenault, Meyer                                                                           
                                                                                                                                
The MOTION FAILED (3-6).                                                                                                        
                                                                                                                                
2:35:37 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  MOVED  to ADOPT  Amendment  2,  which                                                                   
deletes all  material on page 2,  lines 30-31 and on  page 3,                                                                   
line 1,  and inserts,"(1) by  clear and convincing  evidence,                                                                   
that  if  the DNA  testing  requested  produces  the  results                                                                   
claimed by the  applicant and had been admitted  at trial, no                                                                   
reasonable   trier  of   fact   would  have   convicted   the                                                                   
applicant;".    It  also  deletes  on  page  4,  lines  9-10,                                                                   
"Notwithstanding  any law or rule  of procedure that  bars an                                                                   
application for post-conviction  relief as untimely, an", and                                                                   
inserts "an".                                                                                                                   
                                                                                                                                
Co-Chair Meyer OBJECTED.                                                                                                        
                                                                                                                                
Ms. Carpeneti  noted that  the right  approach to  protecting                                                                   
victims  and perfectly  good convictions  is  a very  limited                                                                   
one.  The  jury is the one  to make that decision.   The test                                                                   
in Section 210,  the standard upon which a  judge will decide                                                                   
whether or  not to order  post-conviction DNA  testing, ought                                                                   
to be  clear.  It  should say that  the court will  order the                                                                   
testing when the  results of the test will  conclusively show                                                                   
that the person is innocent of  the crime.  The first part of                                                                   
Amendment 2  does that  and is very  similar to the  original                                                                   
form of the bill, which was a much better standard.                                                                             
                                                                                                                                
2:38:14 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula voiced a  concern about  Amendment 2                                                                   
and the possibility  that testing would never  be ordered due                                                                   
to  the wording,  which  sets an  impossible  standard.   Ms.                                                                   
Carpeneti argued  that the wording  refers to  "no reasonable                                                                   
person".   The wording is asking  for testing, but  hoping to                                                                   
find innocence.  Representative  Kerttula suggested that this                                                                   
is the first  stage of trying to get the  information tested.                                                                   
She  maintained  that it  an  impossible  task to  prove  "no                                                                   
reasonable  trier of  fact".   Ms.  Carpeneti countered  that                                                                   
this is  the language  that was  in the  original bill.   She                                                                   
suggested the wording, "a reasonable  trier of fact would not                                                                   
have convicted the person".  Representative  Kerttula thought                                                                   
that would present the same problems.                                                                                           
                                                                                                                                
2:40:58 PM                                                                                                                    
                                                                                                                                
Ms.  Carpeneti  addressed the  second  part of  Amendment  2,                                                                   
which  removes  the  due  diligence  standard  for  a  person                                                                   
applying  for post-conviction  DNA  testing.   She  addressed                                                                   
"escape  hatches", which  prevents a  person from sitting  on                                                                   
evidence  for  years.    She   disagreed  with  Mr.  Saloom's                                                                   
testimony that this would cause excessive litigation.                                                                           
                                                                                                                                
Representative Kerttula  asked if this could  potentially bar                                                                   
someone  who is  completely innocent  from  ever getting  the                                                                   
test.   Ms. Carpeneti responded  that it would depend  on the                                                                   
circumstances.   She referred to  the Osborne case  where the                                                                   
evidence  is overwhelming.   She  questioned if  a person  is                                                                   
innocent  and has  a chance to  bring the  matter before  the                                                                   
court,  and they  doesn't, why  they should  be excused  from                                                                   
doing  so.   Representative  Kerttula  maintained  that  they                                                                   
should have  that relief.   Ms.  Carpeneti countered  that it                                                                   
depends  on  the  definition   of  due  diligence  under  the                                                                   
circumstances.                                                                                                                  
                                                                                                                                
2:45:09 PM                                                                                                                    
                                                                                                                                
Representative  Holm  commented   that  normally  people  are                                                                   
convicted  beyond a  reasonable  doubt.   Ms. Carpeneti  said                                                                   
always.    Representative  Holm  said  if  due  diligence  is                                                                   
applied  correctly,  people  should   not  fall  between  the                                                                   
cracks.   He  wondered if  there is  some way  to preserve  a                                                                   
conviction based  upon the fact that there  is "justice among                                                                   
a jury of  our peers".   Ms. Carpenti explained the  right to                                                                   
appeal.   She noted that there  are not many mistakes  and it                                                                   
is important to uphold convictions.   A challenge ought to be                                                                   
"it will" exonerate the person.                                                                                                 
                                                                                                                                
2:48:14 PM                                                                                                                    
                                                                                                                                
Representative LeDoux  commented on Amendment 2.   She agreed                                                                   
with Ms.  Carpeneti's conclusions  on the  first part  of the                                                                   
amendment.   She  concurred with  Representative Kerttula  on                                                                   
the second  part.  She related  an example from  the victim's                                                                   
perspective.  She addressed due  diligence.  The subcommittee                                                                   
came  to  the  conclusion  that  a  reasonable  person,  upon                                                                   
finding   evidence   of   innocence,   should   take   action                                                                   
immediately,  but  many  people  don't  act  reasonably.    A                                                                   
conclusion was reached that it  doesn't matter when the claim                                                                   
is brought if there  is evidence of innocence.   She said she                                                                   
does not like Amendment 2, especially the first part.                                                                           
                                                                                                                                
Representative  Joule addressed the  idea of "reasonable"  by                                                                   
rural  standards.   He said he  could easily  picture such  a                                                                   
situation  when  action  was   not  taken  when  evidence  of                                                                   
innocence was known.                                                                                                            
                                                                                                                                
Representative  Weyhrauch MOVED  to divide  Amendment 2  into                                                                   
two parts, 2 A and 2 B.                                                                                                         
                                                                                                                                
2:53:46 PM                                                                                                                    
                                                                                                                                
Representative Kerttula  inquired if there could  be cultural                                                                   
differences    in   the    response    to   due    diligence.                                                                   
Representative   LeDoux  agreed   that  there  are   cultural                                                                   
differences.  She wondered if  someone should be put to death                                                                   
because they  didn't ask  for due  diligence.  She  indicated                                                                   
that the  same reasoning  could  be used for  not keeping  an                                                                   
innocent person in prison.                                                                                                      
                                                                                                                                
A roll call vote  was taken on the motion to  ADOPT Amendment                                                                   
2 A.                                                                                                                            
                                                                                                                                
IN FAVOR: Moses, Wehyrauch, Hawker, Holm, Meyer                                                                                 
OPPOSED: Foster, Joule, Kelly, Kerttula, Chenault                                                                               
                                                                                                                                
The MOTION FAILED (5-5).                                                                                                        
                                                                                                                                
A roll call vote  was taken on the motion to  ADOPT Amendment                                                                   
2 B.                                                                                                                            
                                                                                                                                
IN FAVOR: Hawker, Chenault, Meyer                                                                                               
OPPOSED:  Weyhrauch,  Foster, Holm,  Joule, Kelly,  Kerttula,                                                                   
Moses                                                                                                                           
                                                                                                                                
The MOTION FAILED (3-7).                                                                                                        
                                                                                                                                
2:57:39 PM                                                                                                                    
                                                                                                                                
Representative Hawker  MOVED to ADOPT Amendment  3.  Co-Chair                                                                   
Meyer OBJECTED.                                                                                                                 
                                                                                                                                
Ms. Wallace said that the sponsor agrees to Amendment 3:                                                                        
                                                                                                                                
     Page 3, line 21, following "preserve"                                                                                      
     Delete "any"                                                                                                               
                                                                                                                                
     Page 3, line 22, following "which"                                                                                         
     Delete "any person"                                                                                                        
     Insert "the applicant"                                                                                                     
                                                                                                                                
Representative  Weyhrauch OBJECTED.   He  suggested that  the                                                                   
word   "relevant"    should    replace   the   word    "any".                                                                   
Representative Hawker deferred to Mr. Stone.                                                                                    
                                                                                                                                
2:59:01 PM                                                                                                                    
                                                                                                                                
Mr.  Stone  related  that  the department  does  not  have  a                                                                   
problem  with Amendment  3.   He  agreed with  Representative                                                                   
Weyhrauch's suggestion.                                                                                                         
                                                                                                                                
Representative  Weyhrauch MOVED to  AMEND Amendment 3  to add                                                                   
"relevant"  after "preserve"  on  line 21.    There being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Representative Kerttula  voiced a concern about  removing the                                                                   
word  "any"  because  of  a  chance  that  what  is  relevant                                                                   
evidence may be  judged incorrectly.  Mr. Stone  responded to                                                                   
Representative  Kerttula's  idea.    He  explained  that  the                                                                   
officer  in  the field  is  going  to collect  all  pertinent                                                                   
evidence  possible and  the crime  lab will  process it.   He                                                                   
requested Lt. Helgoe's opinion.                                                                                                 
                                                                                                                                
Representative Weyhrauch commented  that he is trying to make                                                                   
the bill workable and practical.                                                                                                
                                                                                                                                
3:02:33 PM                                                                                                                    
                                                                                                                                
Representative    Kerttula     suggested    "preserved    any                                                                   
identified".                                                                                                                    
                                                                                                                                
3:03:07 PM                                                                                                                    
                                                                                                                                
LT. JIM  HELGOE, DEPARTMENT  OF PUBLIC SAFETY,  said it  is a                                                                   
bright line  and the  word "any"  draws a  clearer line.   He                                                                   
questioned what is "relevant" evidence.                                                                                         
                                                                                                                                
Representative  Kerttula  MAINTAINED   an  OBJECTION  to  the                                                                   
amendment to Amendment 3.                                                                                                       
                                                                                                                                
Representative Weyhrauch WITHDREW  the amendment to Amendment                                                                   
3.                                                                                                                              
                                                                                                                                
Representative Kerttula commented  that the language deleting                                                                   
"any   person"  and   inserting  "the   applicant"  is   just                                                                   
technical.   Representative  LeDoux  agreed.   Representative                                                                   
Kerttula WITHDREW her objection to adopting Amendment 3.                                                                        
                                                                                                                                
There being NO further OBJECTION, Amendment 3 was adopted.                                                                      
                                                                                                                                
3:05:32 PM                                                                                                                    
                                                                                                                                
Susan Parks addressed the fiscal  note from the Department of                                                                   
Law.  She expressed  that the new version of  the bill, which                                                                   
would change the  application requirements for  the DNA test,                                                                   
would  increase the  Department  workload.   The fiscal  note                                                                   
reflects the  cost of  a half-time lawyer.   She  stated that                                                                   
the  Department  believes  the  fiscal note  is  an  accurate                                                                   
portrayal of the increased workload.   She also proposed that                                                                   
the legislation would increase  the number of DNA cases to be                                                                   
tried.                                                                                                                          
                                                                                                                                
3:07:35 PM                                                                                                                    
                                                                                                                                
Representative  Hawker asked  if the  amendments had  passed,                                                                   
whether the  fiscal note  would be zero.   Ms. Parks  replied                                                                   
yes.                                                                                                                            
                                                                                                                                
Representative Foster  MOVED to REPORT CSHB 325  (FIN) out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  notes.  There being NO  OBJECTION it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  325 (FIN)  was REPORTED  out  of Committee  with a  "no                                                                   
recommendation"  and with  previously  published zero  fiscal                                                                   
note #1 by the  Department of Corrections, with  a new fiscal                                                                   
note  by the  Department  of Law,  with  a new  indeterminate                                                                   
fiscal note by the Department  of Public Safety, and with two                                                                   
new zero fiscal notes by the Department of Administration.                                                                      
                                                                                                                                

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