Legislature(1999 - 2000)
04/12/2000 02:13 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
Number 2302
SB 201-DNA TESTING & REGISTRATION
DEPUTY COMMISSIONER DEL SMITH, Department of Public Safety, said
the State has been collecting DNA samples since 1996 from people
convicted of person crimes and the samples have been stored at the
crime lab. The lab processes the samples and creates files that
can be uploaded to the national system so they can be checked
against known samples from crime scenes.
DEPUTY COMMISSIONER SMITH said SB 201 will add felony burglary to
the list of people who will be required to give a DNA sample.
Burglaries are included because the review of national statistics
indicates that 52% of the people convicted or arrested on person
crimes have been convicted of burglaries previously. Having DNA
samples from convicted individuals will help solve crimes sooner.
DEPUTY COMMISSIONER SMITH noted that SB 201 also allows for a
parole officer, peace officer or probation officer to take a DNA
sample. Blood samples have been used in the past and SB 201 allows
for the use of a swab to take saliva from an individual. This will
be more efficient and less intrusive and a sample can be taken
without undue discomfort or inconvenience.
Deputy Commissioner Smith said there is also a section in SB 201
that enables the sample to be removed from the data base if the
person is found not guilty.
Tape 00-21, Side B
Number 2329
MR. ROBERT BUTTCANE, Juvenile Probation Officer with the Division
of Juvenile Justice for the Department of Health and Social
Services (DHSS), said DHSS supports SB 201. SB 201 will give the
system an opportunity to solve more crimes and hold people
accountable. Technology has advanced so that DNA samples can now
be collected with a mouth swab rather than drawing blood. SB 201
allows youth counselors, probation officers and correctional
officers to require a person convicted of one of the applicable
offenses to submit to a DNA sampling. Failure to do so will
subject them to a violation of law under title 11. Once the sample
has been taken it is catalogued and put into a state registry,
which is limited to law enforcement use only.
MS. CANDACE BROWER, Department of Corrections (DOC), said DOC
supports SB 201. For the past five years, the medical staff of
correctional facilities have been responsible for the collection of
DNA samples and DOC is glad there will be an expansion of who can
collect samples.
Number 2130
CHAIRMAN TAYLOR said he was concerned that a DNA sample can be
easily tainted.
MS. LEANN STRICKLAND, supervisor of the DNA section at the
laboratory, commented that 13 different genetic loci are looked at
when analyzing samples and if there is some type of contamination
it will be seen in the analysis. If a contamination is seen,
another sample will be asked for or the sample will be retested.
CHAIRMAN TAYLOR asked how it will be known that a sample is
tainted.
MS. STRICKLAND said each individual can have two alternate forms of
any of the loci and if more than two forms of any given gene appear
in the data analysis the sample itself would be questioned. It is
very rare for an individual to have more than two alternate forms
at any one locus or any one gene type. People working in the lab
will be able to look at the DNA typing evidence to determine if
there are low levels of another contributor or something in the
sample that does not fit the pattern of a single source sample.
CHAIRMAN TAYLOR noted the Alaska Civil Liberties Union (ACLU) has
filed a paper in opposition to SB 201.
Number 2029
CHAIRMAN TAYLOR wondered about the retro activity provision in SB
201 going back to 1996.
DEPUTY COMMISSIONER SMITH replied that 1996 is when the original
data base was started and because the bill applies to offenses
occurring on or after January 1, 1996, the retroactive provision
was felt to be logical.
MR. GEORGE TAFT added that the labs are only looking at the 13 loci
for a persons identification and not for medical maladies of the
person. The labs are not able to tell a persons medical history
from the loci.
CHAIRMAN TAYLOR said one of the questions raised by the ACLU was
whether or not the 13 loci will indicate the racial makeup of the
individual.
MS. STRICKLAND responded no. The profile will not indicate the
racial group the person is from but it will give an indication as
to which racial group from that particular profile will be expected
to be most common and which particular racial group is expected to
be most rare. The profile itself will not identify the race of the
individual.
Number 1923
CHAIRMAN TAYLOR asked if there is a national standard for testing
or a national verification system that is used.
MS. STRICKLAND said the laboratory where she works is an accredited
laboratory and they follow the DAB standards. DAB is the DNA
Advisory Board that has set forth the standards for forensic DNA
testing labs. These standards set forth quality assurance that
must be met in confirming analysis of forensic samples. These
standards also pertain to the convicted offender samples.
CHAIRMAN TAYLOR asked what agency audits them.
MS. STRICKLAND said her laboratory has been accredited by the
American Society of Crime Laboratory Directors (ASCLD). The DAB
standards are used by auditors as well as the ASCLD standard. The
DAB has been signed off by the Director of the FBI.
CHAIRMAN TAYLOR asked what is used to make certain that the system
is accountable and renders accurate results.
MR. TAFT responded that the lab is tested and accredited and the
people working in the lab are proficiency tested. There is also a
yearly inspection by people from outside the laboratory.
Number 1681
MS. LAURIE HUGONAN, Executive Director for the Alaska Network on
Domestic Violence and Sexual Assault, said the Network supports SB
201. The Network is interested in making as many DNA samples
available as possible, so when there is a sexual assault crime the
samples will be run for comparisons as soon as possible. This will
help in finding the guilty person and it will increase the
likelihood of DNA matches being found.
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