Legislature(2005 - 2006)BUTROVICH 205
03/31/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| HB124 | |
| SB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 124 | TELECONFERENCED | |
| + | SB 20 | TELECONFERENCED | |
| + | SB 54 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 117 | ||
HB 124 AM -COLLECTION OF DNA/USE OF FORCE
9:09:53 AM
CHAIR RALPH SEEKINS announced HB 124 to be up for consideration.
9:10:09 AM
REPRESENTATIVE TOM ANDERSON, sponsor, explained that HB 124
relates to the law enforcement aspect of collecting DNA samples.
Last year the statutes were expanded to ensure all felons or
sexual misdemeanants would have to submit a DNA sample. Missing
was the ability for probation or corrections officers to use
reasonable force to get a convicted felon to submit to DNA
sampling. HB 124 addresses that shortcoming and absolves the
officers of any liability associated with using force.
HB 124 expands the types of convictions that require DNA
registration by requiring that anyone in the state who is
convicted of a crime similar to crimes against a person, or
felonies under AS 11 or AS 28.35 would be subject to DNA
collection. The bill would also include municipal misdemeanors
including: assault, child abuse, indecent exposure on premises
open to minors, assault on a police officer, and domestic
assault and battery. This would address the municipal loophole
that doesn't require collection of DNA samples for such
violations.
9:13:31 AM
REPRESENTATIVE ANDERSON noted the committee heard similar
legislation sponsored by Senator Bunde and he agreed with the
changes the committee made to that bill. He said he would
include those recommendations in his bill, which would make the
legislation very effective for Alaska.
9:14:25 AM
CHAIR SEEKINS asked Representative Anderson if any of the Senate
Standing Judiciary Committee changes made to SB 95 were
objectionable.
REPRESENTATIVE ANDERSON replied he agrees with codifying
immunity to corrections and parole officers so that they cannot
be sued for collecting DNA samples. The other change to SB 95 is
the applicability section, which requires people who are already
in prison to submit to DNA sampling.
9:15:50 AM
CHAIR SEEKINS asked the sponsor if he would object to using the
language currently in SB 95 as a Senate committee substitute for
HB 124.
REPRESENTATIVE ANDERSON replied he would recommend it and he
thought the Department of Law would support it as well.
SENATOR GENE THERRIAULT asked if anything in the title of the
Senate bill caused concern.
REPRESENTATIVE ANDERSON said no.
SENATOR THERRIAULT moved the title and text of HB 124 AM be
deleted and replaced with the title and text from CSSB 95(JUD)
Version \Y. Hearing no objection, the motion carried.
9:17:25 AM
SENATOR THERRIAULT asked whether the chair had received any
departmental expression of concern regarding the wording on CSSB
95(JUD).
CHAIR SEEKINS said all visual indications are that the bill is
good to go and he was ready for a motion.
9:17:51 AM
SENATOR THERRIAULT moved SCS HB 124(JUD) and attached fiscal
notes from committee with individual recommendations. There
being no objection, it was so ordered.
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