Legislature(1995 - 1996)

03/08/1995 01:59 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SJUD - 3/8/95                                                                 
            HB 27 DNA TESTING OF VIOLENT OFFENDERS                            
                                                                              
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:59 p.m.  The first order of business was CSHB 27                   
 (FIN)am.                                                                      
                                                                               
 RICHARD VITALE, legislative aide to Representative Parnell,                   
 explained HB 27 allows for the collection of samples for DNA                  
 testing.  Both the sponsor and the Department of Law feel this is             
 an important procedure used in investigations for the conviction of           
 repeat sexual and violent offenders.  Collection of samples will be           
 an important tool to be used at a later date.                                 
                                                                               
 SENATOR ELLIS asked at what point in the process the DNA sample is            
 taken.  MR. VITALE replied the sample is taken upon conviction, by            
 the Department of Corrections when the offender enters the                    
 correctional facility, and billed through the Department of Public            
 Safety.                                                                       
                                                                               
 SENATOR ELLIS questioned who will be responsible for maintaining              
 the records, and for how long.  MR. VITALE replied the blood sample           
 will be stored by the Anchorage Crime Lab.                                    
                                                                               
 DR. WALKENSHAW, Anchorage Crime Lab, clarified the blood samples              
 would be dried and stored indefinitely.  Currently samples are                
 stored in a walk-in freezer and are not destroyed.  SENATOR ELLIS             
 asked if the samples deteriorate appreciably over time, and whether           
 the test results could be recorded and filed in lieu of keeping the           
 actual sample in storage.  DR. WALKENSHAW stated the samples are              
 maintained because new testing methodologies are evolving.                    
                                                                               
 SENATOR ADAMS noted a recent newspaper article disclosed that                 
 evidence had recently been mishandled or misplaced by the Anchorage           
 Crime Lab.  He asked what the penalty is for violating the                    
 confidentiality provisions included in CSHB 27(Fin)am.                        
                                                                               
 Number 087                                                                    
                                                                               
 GEORGE TAFT, Director of the Anchorage Crime Lab, stated the                  
 situation reported in the Anchorage newspaper is currently under              
 investigation, and they will be able to answer the question                   
 regarding confidentiality after the investigation is complete.                
                                                                               
 SENATOR TAYLOR commented the committee is unable to wait for the              
 conclusion of the audit, and asked Mr. Taft for recommendations               
 regarding the types of penalties for violation of confidentiality.            
                                                                               
 Number 106                                                                    
                                                                               
 MR. TAFT replied the specimen storage is done under strict                    
 supervision and the specimens or evidence would be kept                       
 confidential.                                                                 
                                                                               
 DEAN GUANELI, Department of Law, commented that in any storage                
 procedure, property can get lost, but no one's rights would be                
 violated.  The specimen simply would not be available for analysis.           
 SENATOR TAYLOR questioned the breach of confidentiality violation.            
 MR. GUANELI stated under Title 11, misuse of confidential                     
 information is a class A misdemeanor.                                         
                                                                               
 Number 134                                                                    
                                                                               
 SENATOR ADAMS stated the fiscal note reflects the cost of sample              
 collection only.  There is no cost included for testing or anything           
 else.  He asked what the registration system will cost once this              
 system is used in prosecuting crimes.                                         
                                                                               
 MR. GUANELI responded testing is becoming less expensive due to new           
 technology.  The Crime Lab is only collecting samples at this time            
 because the law enforcement community as a whole has not really               
 focussed on a specific type of testing as the standard one to be              
 used nationally.  Processing the samples at a later date will                 
 enable the Crime Lab to use newer technology at a lower cost.                 
                                                                               
 Number 158                                                                    
                                                                               
 SENATOR ADAMS noted the cost of any type of testing is not included           
 in the fiscal note.  He asked if the testing would only be done on            
 samples from sex offenders.  MR. VITALE replied the sponsor felt it           
 would be inappropriate to attach a fiscal note to the bill to                 
 reflect something the Crime Lab is not required to do.  The Crime             
 Lab does not feel prepared to type samples at this time because the           
 rapid changes in technology.  The Crime Lab is currently estimating           
 $50 to $75 for each sample typing.                                            
                                                                               
 SENATOR ADAMS commented new state programs cost money and he                  
 expressed concern that two fiscal notes were not included.  MR.               
 VITALE  explained the Crime Lab is not required to start typing the           
 samples, and when they are prepared to begin testing, they will               
 have to request funds from the legislature and they will know the             
 costs.                                                                        
                                                                               
 Number 187                                                                    
 JAY MILLER, Federal Bureau of Investigation (FBI), testified via              
 teleconference from Washington, D.C.  He discussed the FBI CODIS              
 program, which is a DNA index system that attempts to standardize             
 software that can be made available to state and local crime                  
 laboratories who are trying to implement their statewide databases.           
 To date, 32 states have passed DNA database legislation.  All of              
 those states are confronted with the problem of storing DNA typing            
 results in a standard format, and exchanging information.  The FBI            
 provides IBM PC software to crime laboratories that want to use the           
 standard procedures.  If the crime laboratories' data meets quality           
 assurance standards, it is used in a FBI clearinghouse which                  
 exchanges records among states.  The two principle purposes of the            
 DNA database are: to link serial sex offenses where the offenders             
 are unknown; and to match evidence from a sexual assault against a            
 previous offender's file for identification.  CODIS provides                  
 investigative leads for law enforcement agencies who are trying to            
 link serial sex offenses to each other through genetic material, or           
 to identify suspects sooner than would otherwise be possible                  
 through conventional police investigative methods.  He stated HB 27           
 is consistent with some of the better laws passed in other states             
 in recent years.                                                              
                                                                               
 Number 270                                                                    
                                                                               
 LAUREE HUGONIN, representing the Alaska Network on Domestic                   
 Violence and Sexual Assault (ANDVSA), testified in support of HB 27           
 for the following reasons.  Keeping a DNA database will help law              
 enforcement agencies quickly apprehend sex offenders; and, DNA is             
 proving to be a very adequate identifier which will help in the               
 prosecution of sex offenders.  She commented it is important to               
 begin collecting samples now as it will broaden the pool of                   
 available samples.  Waiting to collect samples until better                   
 technology is developed would result in the loss of samples from              
 many offenders.                                                               
                                                                               
 JAYNE ANDREEN, Director of the Council on Domestic Violence and               
 Sexual Assault, testified in support of HB 27.  She stated that               
 sexual assault continues to be one of the most under-reported                 
 crimes in both the United States and Alaska.  In Alaska, the                  
 reporting rate is twice what the national rate is, yet a very small           
 percentage of cases reported result in a conviction.  In 1992, 570            
 rapes were reported.  Most victims were examined, but the forensic            
 evidence collected is not usable unless there are samples available           
 to compare the evidence to.  The Council believes a DNA databank              
 will provide law enforcement agencies and the Crime Lab the ability           
 to compare evidence collected with alleged offenders and suspects             
 and it will increase the ability to obtain convictions.  She noted            
 once that process is used, more victims are likely to report sexual           
 assault cases, because physical evidence will exist to obtain a               
 conviction.                                                                   
                                                                               
 Number 319                                                                    
 SENATOR ADAMS made a motion to adopt the following amendment (#1).            
 On 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:                                                                         
     ARTICLE 4. JUDICIAL COUNCIL.                                              
   Sec. 22.20.200.  DNA EVIDENCE INFORMATION.  The judicial                    
 council shall periodically review and distribute                            
 information relevant to the technical, legal, and                             
 scientific use of deoxyribonucleic acid (DNA) profiles in                     
 criminal proceedings to                                                       
     (1) judges and magistrates;                                               
     (2) the Department of Law;                                                
     (3) the Public Defender Agency;                                           
     (4) the office of public advocacy."                                       
 On page 1, line 8:  delete "Section 1," insert "Sec.2" and renumber           
 the following bill sections accordingly.  On page 4, line 1, delete           
 "sec.1" and insert "sec. 2."                                                  
                                                                               
 SENATOR TAYLOR objected for the purpose of hearing feedback from              
 the Department of Law.  MR. VITALE responded the same amendment was           
 opposed by the sponsor when it was previously offered, since the              
 amendment would be adding to the judicial council's                           
 responsibilities which are already spelled out in law.                        
                                                                               
 Number 334                                                                    
                                                                               
 SENATOR ADAMS commented that the amendment sends some direction to            
 the judicial council to review information, and it does no harm.              
 MR. VITALE stated the judicial council currently has that right.              
                                                                               
 DEAN GUANELI stated, from the standpoint of the Department of Law,            
 the issue is a policy call by the Legislature.  He noted the                  
 judicial council may not have expertise in scientific matters; they           
 research legal matters: court and sentencing procedures; and                  
 sentencing trends.  He suggested getting direct testimony from the            
 judicial council.                                                             
                                                                               
 Number 350                                                                    
                                                                               
 SENATOR GREEN questioned the purpose of the amendment.  SENATOR               
 ADAMS stated he feels the judicial council needs to review the                
 information on DNA testing periodically since in order to stay                
 knowledgeable about a quickly evolving field.                                 
                                                                               
 SENATOR ELLIS noted the amendment could be potentially beneficial             
 and can do no harm.  He added the Legislature is unable to keep up            
 with this issue from year to year to keep up with changing trends.            
                                                                               
 SENATOR ADAMS suggested holding the bill in order to get comments             
 from the judicial council.  SENATOR TAYLOR commented he is opposed            
 to adding extra burdens to the judicial council, but it may be wise           
 to have some agency provide a form of objective distribution of               
 information.  He thought judges and magistrates would be well                 
 briefed on the subject as the science evolves, as well as the                 
 Department of Law and the Public Defender Agency.  He requested               
 Senator Adams to withdraw the amendment until Representative                  
 Parnell could speak to the issue.  SENATOR ADAMS agreed and                   
 withdrew the amendment.                                                       
                                                                               
 SENATOR ADAMS discussed a second amendment to 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 committee by             
 an adult."  He questioned the rationale for including this large              
 group of teenagers.                                                           
                                                                               
 DEAN GUANELI explained the rationale was to create as large a                 
 database as possible of those offenders who might be starting off             
 at an early age at becoming repeat sexual offenders.  He added                
 Senator Adams is correct about the juvenile waiver bill passed last           
 year for offenders 16 and 17 years old who commit rapes.  The bill            
 would require sample collections be taken from juveniles who have             
 committed lesser levels of sexual offense or when the prosecutor              
 has decided the juvenile system would be effective.                           
                                                                               
 Number 400                                                                    
                                                                               
 SENATOR ADAMS asked for the Department of Law's position.  MR.                
 GUANELI replied the Administration has not taken a position on this           
 piece of legislation.  MR. VITALE stated the sponsor is opposed to            
 the amendment because of the nature of the crime and because of the           
 high recidivism rate among juveniles.                                         
                                                                               
 SENATOR MILLER objected to the second amendment.  A roll call vote            
 was taken with the following result: Senators Taylor, Green and               
 Miller voted "nay," and Senators Adams and Ellis voted "yea."                 
                                                                               
 The committee took up amendment number 1.  MR. VITALE relayed the             
 following comments on the amendment prepared by Representative                
 Parnell, who was unable to be in attendance.  The amendment would             
 add another layer to the government, and should not be added just             
 because it would do no harm.  Additionally, the amendment does not            
 specify that any other type of judicial review will happen on other           
 types of evidence, therefore the amendment would elevate DNA                  
 evidence to a higher level of importance than other evidence used             
 in court cases.                                                               
                                                                               
 SENATOR ADAMS moved amendment number 1.  SENATOR TAYLOR objected              
 for the purpose of discussion.   SENATOR MILLER commented he                  
 opposed the amendment when it was presented to the House Finance              
 Committee because it adds a task to the judicial council but does             
 not do anything meaningful.  He felt the Department of Public                 
 Safety and the Division of Legislative Budget and Audit should be             
 the agencies monitoring the program.  He added he did not have a              
 strong objection to the amendment, but did  not feel it adds                  
 anything to the bill.                                                         
                                                                               
 SENATOR ADAMS asked if anyone discussed the amendment with the                
 judicial council.  SENATOR MILLER answered the judicial council did           
 not object to the amendment; they are mandated to provide a broad             
 range of tasks so this is within the scope of their authority.  It            
 is something Bill Cotten said he was willing to do but he did not             
 say what it might cost.  SENATOR ADAMS stated there was no fiscal             
 note reflecting the cost of testing the samples.                              
                                                                               
 SENATOR TAYLOR asked if further objection was maintained to the               
 amendment.  There being no further objection, amendment number 1              
 was adopted.                                                                  
                                                                               
 SENATOR GREEN moved CSHB 27 am out of committee with individual               
 recommendations.  There being no objection, the motion carried.               

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