Legislature(2007 - 2008)BELTZ 211

01/30/2008 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 247 MISSING PERSONS TELECONFERENCED
Heard & Held
*+ SB 226 VEXATIOUS LITIGANTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 7 FALSE CALLER IDENTIFICATION
Moved CSHB 7(FIN)am Out of Committee
                     SB 247-MISSING PERSONS                                                                                 
                                                                                                                              
1:42:33 PM                                                                                                                    
VICE-CHAIR HUGGINS announced the consideration of SB 247.                                                                       
                                                                                                                                
DARWIN  PETERSON,   Staff  to   the  Senate   Finance  Committee,                                                               
explained that  Senator Green,  sponsor of SB  247, asked  him to                                                               
introduce the  bill. He was a  member of her staff  when the bill                                                               
was drafted. The  language comes from model  legislation that was                                                               
drafted  by  the  U.S.  Department  of  Justice  in  response  to                                                               
President  Bush's  DNA   initiative.  Law  enforcement  agencies,                                                               
medical  examiners, forensic  scientists, victims'  advocates and                                                               
policy makers joined forces to look  at ways to fully utilize DNA                                                               
technology  to solve  crimes and  identify missing  persons. They                                                               
recommend   that  states   adopt  some   version  of   the  model                                                               
legislation.                                                                                                                    
                                                                                                                                
1:43:37 PM                                                                                                                    
MR. PETERSON said  that Senator Green was made aware  of the need                                                               
for  this  legislation  by  a  constituent  whose  daughter  went                                                               
missing for  19 months. That  mother's advocacy on behalf  of all                                                               
missing persons  is why  Senator Green  decided to  introduce the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. PETERSON  emphasized that Senator Green  believes that Alaska                                                               
law enforcement  is doing a good  job with the resources  it has.                                                               
But the  Department of Public  Safety (DPS) admits that  there is                                                               
no consistent  protocol for  the content,  timing, and  method of                                                               
submission  of missing  person  reports  amongst law  enforcement                                                               
agencies. The sponsor believes  that increasing cooperation among                                                               
agencies will  improve the  ability to  locate and  safely return                                                               
missing persons.                                                                                                                
                                                                                                                                
MR. PETERSON  explained that  SB 247  will: prohibit  disposal of                                                               
unidentified  human  remains  before DNA  samples  are  archived;                                                               
prohibit  law  enforcement agencies  from  refusing  to accept  a                                                               
missing  person  report;  provide  a detailed  list  of  specific                                                               
information that law enforcement is  to gather and record about a                                                               
missing person; allow  law enforcement to obtain  and forward for                                                               
analysis a  DNA sample from  the family  of a missing  person who                                                               
has been missing for more than 30 days.                                                                                         
                                                                                                                                
VICE-CHAIR HUGGINS asked where that provision is in the bill.                                                                   
                                                                                                                                
MR. PETERSON directed  attention to page 4.  He paraphrased lines                                                               
6-11 and  said that DNA would  not be used for  any purpose other                                                               
than to help locate the missing person.                                                                                         
                                                                                                                                
VICE-CHAIR HUGGINS asked  if collecting the DNA sample  is at the                                                               
discretion of the family member and not mandatory.                                                                              
                                                                                                                                
1:47:31 PM                                                                                                                    
MR.  PETERSON replied  he would  need to  check with  legislative                                                               
legal because  he doesn't see where  is says that. It  might be a                                                               
worthwhile amendment, he added.                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI asked how "family member" is defined.                                                                      
                                                                                                                                
MR. PETERSON  said he would check  with the drafter. If  it isn't                                                               
defined, the sponsor will propose definition language.                                                                          
                                                                                                                                
1:48:25 PM                                                                                                                    
MR.  PETERSON  said  that  SB 247  requires  all  missing  person                                                               
reports to be entered into  the National Crime Information Center                                                               
Missing  Person File,  Unidentified  Person File,  and the  state                                                               
crime  information system.  If a  missing person  is deemed  high                                                               
risk, the bill  provides a mechanism for law  enforcement to take                                                               
immediate action. Improving the process is a worthwhile effort.                                                                 
                                                                                                                                
1:49:19 PM                                                                                                                    
SENATOR   WIELECHOWSKI   observed   that  page   2   contains   a                                                               
comprehensive list  of information that a  law enforcement agency                                                               
is  mandated to  gather when  it accepts  a report  of a  missing                                                               
person. He questioned  how far reaching this mandate  will be and                                                               
what kind of onus it will place on law enforcement agencies.                                                                    
                                                                                                                                
MR. PETERSON  acknowledged that DPS  has expressed  concern about                                                               
that. And law  enforcement has said that it gathers  most of this                                                               
information  already.  "If  we're  going too  far  and  violating                                                               
peoples' rights to  privacy then that definitely  should be taken                                                               
into consideration," he said.                                                                                                   
                                                                                                                                
1:51:16 PM                                                                                                                    
KATHRYN  MONFREDA,  Chief,  Criminal Records  and  Identification                                                               
Bureau,  Division of  Statewide  Services,  Department of  Public                                                               
Safety, confirmed that most of  the information that SB 247 calls                                                               
for is  already captured by  state or National  Crime Information                                                               
Center (NCIC) requirements. She isn't  sure what would happen if,                                                               
for some reason, the information isn't available.                                                                               
                                                                                                                                
VICE-CHAIR HUGGINS asked if she  is concerned about the extensive                                                               
list of requirements.                                                                                                           
                                                                                                                                
MS. MONFREDA said  not particularly, but someone  from the Alaska                                                               
State Troopers might be better able to speak to that.                                                                           
                                                                                                                                
SENATOR  McGUIRE referred  to page  2, line  27, and  opined that                                                               
asking for  the name and  location of a missing  person's dentist                                                               
and primary  care physician that  is probably a  HIPPA violation.                                                               
She said  she'd work on  language to accommodate  law enforcement                                                               
making  a reasonable  effort to  obtain  the information  without                                                               
violating privacy laws.                                                                                                         
                                                                                                                                
1:54:39 PM                                                                                                                    
VICE-CHAIR HUGGINS  referred to the list  on page 2 and  said his                                                               
assumption is  that the people who  work these cases have  a more                                                               
extensive list than this.                                                                                                       
                                                                                                                                
MS. MONFREDA  said that's  probably true.  She imagines  that the                                                               
person who reports  that a loved-one is missing  usually wants to                                                               
provide as much information as possible.                                                                                        
                                                                                                                                
1:55:16 PM                                                                                                                    
SENATOR  THERRIAULT questioned  whether  there would  be a  HIPPA                                                               
violation if he, for example,  reports that his mother is missing                                                               
and he tells the name of her doctor.                                                                                            
                                                                                                                                
SENATOR McGUIRE  replied that  wouldn't be  a violation,  but the                                                               
confirmation and release  of the actual medical  records would be                                                               
a violation.  A physician isn't  able to confirm or  deny without                                                               
the patient's express consent.                                                                                                  
                                                                                                                                
1:56:47 PM                                                                                                                    
SENATOR  WIELECHOWSKI expressed  some concern  about privacy  and                                                               
asked if the data is kept confidential.                                                                                         
                                                                                                                                
MR. PETERSON  deferred the question  to Ms.  Monfreda. Lieutenant                                                               
Dial could answer many of these questions, he added.                                                                            
                                                                                                                                
1:57:40 PM                                                                                                                    
SENATOR THERRIAULT  referred to page  2, line 16,  and questioned                                                               
why credit card  numbers are required because that  isn't part of                                                               
the model act.                                                                                                                  
                                                                                                                                
MR.  PETERSON  said  the  drafter took  poetic  license.  If  the                                                               
committee  disagrees, the  sponsor  wouldn't  object to  removing                                                               
reference to credit card numbers.                                                                                               
                                                                                                                                
SENATOR  THERRIAULT  said  he appreciates  that  law  enforcement                                                               
tracks  people  with  credit  card numbers.  He  pointed  it  out                                                               
because it's beyond the model, but  if the bill moves outside the                                                               
model, it is a consideration.                                                                                                   
                                                                                                                                
SENATOR  THERRIAULT referred  to page  1, lines  9-10, and  asked                                                               
what happens  if his  cousin, for example,  has gone  missing and                                                               
there's reason  to believe  that he's  outside the  local trooper                                                               
detachment in  Fairbanks. Could the troopers  in Fairbanks refuse                                                               
to  take  the  report  if  there's  reason  to  believe  he's  in                                                               
Anchorage?                                                                                                                      
                                                                                                                                
1:59:47 PM                                                                                                                    
MR. PETERSON  said his  understanding is  that the  Fairbanks law                                                               
enforcement agency  would be  required to  accept the  report. If                                                               
there's reason to believe that  the missing person is outside the                                                               
jurisdiction, the  report would be  entered into the  state crime                                                               
system.  If you  have a  compelling reason  to believe  that your                                                               
cousin was  in Anchorage, the  Anchorage police  department would                                                               
accept the report from you, he said.                                                                                            
                                                                                                                                
SENATOR  THERRIAULT asked  if the  missing  person has  to be  an                                                               
Alaska citizen.                                                                                                                 
                                                                                                                                
MR. PETERSON replied he understands that is not a requirement.                                                                  
                                                                                                                                
SENATOR THERRIAULT  noted that page  3, line 16, talks  about the                                                               
date  of last  contact  and he  asked if  more  details might  be                                                               
helpful.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked how  many missing person  reports the                                                               
police receive. He'd like their  perspective on whether this will                                                               
create an undue burden.                                                                                                         
                                                                                                                                
MR. PETERSON said 1,500 reports are taken each year.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  asked how many  reports are refused  and if                                                               
there's a policy to wait 24 hours before taking a report.                                                                       
                                                                                                                                
MR. PETERSON replied there isn't a  policy per se. He deferred to                                                               
Lieutenant Dial to provide specifics.                                                                                           
                                                                                                                                
2:03:20 PM                                                                                                                    
SENATOR THERRIAULT referred to page 4,  line 9, and asked how the                                                               
DNA sample would be handled and ultimately disposed.                                                                            
                                                                                                                                
MR.  PETERSON offered  to  work with  staff  to develop  language                                                               
related  to disposing  of  the  DNA once  the  missing person  is                                                               
located. That should be included, he added.                                                                                     
                                                                                                                                
SENATOR  THERRIAULT  noted that  one  of  the determinations  for                                                               
identifying a  high risk  missing person is  that they  have been                                                               
missing for  more than 30 days.  That seems like a  long time, he                                                               
said.                                                                                                                           
                                                                                                                                
MR. PETERSON  said that is  just one of  the factors, but  if the                                                               
committee  believes  that should  be  changed,  the sponsor  will                                                               
entertain the idea.                                                                                                             
                                                                                                                                
2:05:44 PM                                                                                                                    
SENATOR THERRIAULT referred  to page 6, line  13, that encourages                                                               
law  enforcement  to  establish   written  protocols.  He  asked,                                                               
"Wouldn't we require them to actually take that step?"                                                                          
                                                                                                                                
MR. PETERSON agreed  the language could be changed  to say "shall                                                               
establish written  protocols." DPS  acknowledges that  it doesn't                                                               
have written protocols that are this specific, he said.                                                                         
                                                                                                                                
2:07:08 PM                                                                                                                    
SENATOR  WIELECHOWSKI   referred  to  page  6,   lines  6-7,  and                                                               
commented  that  this  puts  the state  potentially  at  risk  of                                                               
lawsuit if  the notice  isn't done and  something happens  to the                                                               
missing person.                                                                                                                 
                                                                                                                                
SENATOR THERRIAULT referred  to page 6 and  asked Lieutenant Dial                                                               
if  he  thinks  there  would  be a  problem  if  law  enforcement                                                               
agencies  were  required  rather  than  encouraged  to  establish                                                               
written protocols.                                                                                                              
                                                                                                                                
RODNEY DIAL, Lieutenant, Alaska  State Troopers (AST), Department                                                               
of  Public  Safety (DPS),  stated  general  support for  SB  247.                                                               
However, he  said, some of  the requirements are  problematic. He                                                               
expressed a preference for the  phrase "may do" versus "shall do"                                                               
and  said there  are also  some liability  concerns. Most  of the                                                               
time the  25 requirements  are done  anyway. This  can be  a good                                                               
template and still  give discretion to the  individual agency and                                                               
officer, he said.                                                                                                               
                                                                                                                                
2:09:21 PM                                                                                                                    
VICE-CHAIR HUGGINS agreed to consider the point.                                                                                
                                                                                                                                
SENATOR   WIELECHOWSKI  asked   if   the   information  is   kept                                                               
confidential  and destroyed  after a  case is  solved or  after a                                                               
period of time.                                                                                                                 
                                                                                                                                
LIEUTENANT  DIAL explained  that  information is  entered into  a                                                               
report and  within 48 hours it's  sent to the DPS  missing person                                                               
clearinghouse. The  information in  the report is  retained until                                                               
the person or their remains are found.                                                                                          
                                                                                                                                
VICE-CHAIR HUGGINS asked if he is  referring to page 4, lines 22-                                                               
26.                                                                                                                             
                                                                                                                                
LIEUTENANT  DIAL clarified  he is  referring to  the current  DPS                                                               
policy. With  regard to  the requirement in  the bill  to collect                                                               
DNA samples  and medical records,  that information  is destroyed                                                               
when an investigation is complete.                                                                                              
                                                                                                                                
2:10:58 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if  a large  number  of people  have                                                               
access to that information.                                                                                                     
                                                                                                                                
LIEUTENANT DIAL  said no. Generally  it's kept  confidential, but                                                               
can be made available to other law enforcement agencies.                                                                        
                                                                                                                                
MR.  PETERSON  asked him  to  respond  to Senator  Wielechowski's                                                               
question  about  number of  cases  and  how  many are  solved  or                                                               
outstanding.                                                                                                                    
                                                                                                                                
LIEUTENANT  DIAL informed  the committee  that 1,200-1,500  cases                                                               
are filed  with the  DPS missing  person clearinghouse  each year                                                               
and most are  found within 48 hours. Currently  about 1,000 cases                                                               
are open.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked if there  is a waiting period before a                                                               
missing person report can be accepted.                                                                                          
                                                                                                                                
LIEUTENANT DIAL said no.                                                                                                        
                                                                                                                                
2:12:54 PM                                                                                                                    
MR.  PETERSON  told  the  committee  that  the  language  in  the                                                               
applicability section on  page 6 isn't consistent  with the model                                                               
legislation. SB  247 will  apply only  to missing  person reports                                                               
filed after the effective date of the Act.                                                                                      
                                                                                                                                
2:14:06 PM                                                                                                                    
LIEUTENANT DIAL  stated support for  the goal of  the legislation                                                               
and expressed hope that AST could provide input.                                                                                
                                                                                                                                
VICE-CHAIR HUGGINS announced he would hold SB 247 in committee.                                                                 

Document Name Date/Time Subjects