Legislature(2007 - 2008)BELTZ 211
03/13/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: State Commission for Human Rights | |
| Confirmation Hearing: Alaska Public Offices Commission | |
| SB92 | |
| SB33 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 92 | TELECONFERENCED | |
| *+ | SB 33 | TELECONFERENCED | |
| *+ | TELECONFERENCED |
SB 33-DNA FROM PERSONS CHARGED WITH FELONIES
9:59:01 AM
CHAIR McGUIRE announced the consideration of SB 33.
SENATOR GREEN moved to adopt the committee substitute (CS) for
SB 33, labeled 25-LS0260\C, as the working draft. Hearing no
objections, Version C was before the committee.
SENATOR BUNDE said DNA is the 21st Century version of finger
prints. He said DNA is collected with a swab of the cheek. SB 33
would allow a sample to be collected at the time of someone's
arrest for a felony or a crime against a person, "along with
fingerprints that are already a matter of course." When people
are arrested, "all too often that's not their first crime."
There are examples in other states where this is working well,
he noted. He said he had a DNA sample taken and he could do it
himself; it is not threatening or highly invasive. The suspect
can be involved in unsolved crimes, but DNA is also exonerating
people who are falsely accused. Crimes can be solved faster,
freeing up the criminal justice system. If charges are dropped,
the sample will be destroyed, he explained, and the DNA will
only be used for law enforcement purposes. Federal law provides
up to a $250,000 fine for the intentional misuse of DNA data, so
the system will protect privacy while still providing for the
public's safety by "getting the bad guys off the street."
10:03:28 AM
JANE ALBERTS, Staff to Senator Bunde, added that there is
federal funding available for lab expansion.
SENATOR BUNDE said there is a fiscal note for over $300,000
initially and "a couple hundred thousand" per year. He said it
is the price of public safety.
SENATOR GREEN said this is an amendment of a current law, and it
just expands when DNA samples can be taken.
SENATOR BUNDE said people who are convicted are required to give
DNA samples, and SB 33 expands that to people who are arrested
for a felony or a crime against a person. It won't apply to
shoplifters. He said he hears no outcry of fingerprinting being
an invasion of privacy, and DNA is far more accurate.
10:05:46 AM
CHAIR MCGUIRE said the Senate Judiciary Committee has been
enacting DNA laws every few years. The initial implementation
was a compromise that emphasized the power of DNA to exonerate
as well as incriminate people. The law was expanded to collect
DNA from individuals imprisoned for life, "and to be blunt it
was aimed at the Butcher/Baker scenario." There has been an
ongoing question of when DNA can be retrieved. She noted Senator
Bunde's remark about crimes against a person, and Title 11
actually involves quite a few things, including offenses against
persons, property, family, public administration, public order,
health and decency, controlled substances, and miscellaneous
offenses.
10:07:47 AM
SENATOR BUNDE said he intended to match the existing net that is
cast on DNA sampling. He was asked by a prosecutor to include
crimes against a person because that is in the existing DNA law.
CHAIR MCGUIRE said shoplifting at a felony level would be
included, because it is Title 11. She asked what is meant by:
"or a law or ordinance with elements similar to a crime."
MS. ALBERTS said it was drafted that way to mirror what is done
for convicted felons.
CHAIR MCGUIRE said she thinks that might refer to a municipal
crime or a federal crime.
10:09:40 AM
SENATOR FRENCH surmised that the bill picks up all felonies and
misdemeanor domestic violence and assaults. All white collar
crimes would be included as long as they are felonies, including
$500 or more shoplifting cases.
CHAIR MCGUIRE surmised that the lessor crimes are only the
crimes against the person and not the other parts of Title 11.
SENATOR FRENCH said that his interpretation.
CHAIR MCGUIRE said Title 11 crimes will be included, but the
lessor crimes are only the crimes against a person.
SENATOR BUNDE said he "didn't broaden the net, we just added
where the sample would be taken."
SENATOR FRENCH said people are innocent until proven guilty, and
he agrees there is a parallel between a fingerprint and DNA, but
it isn't a perfect parallel. Some people are concerned about
unique genetic identifiers being disseminated, he noted.
10:12:32 AM
SENATOR BUNDE said it isn't more invasive than a fingerprint,
and there is a strong prohibition against misuse. If charges are
dropped, that information is destroyed, he explained.
SENATOR GREEN asked for an update on DNA usage to solve crimes.
CHAIR MCGUIRE said she understands. DNA is a little different
from a fingerprint in that it contains elements of private
family history, and the more research that is done, the more
interesting it becomes.
10:15:19 AM
SENATOR BUNDE said Virginia began collecting DNA from arrestees
in 2003 and solved 222 crimes linked to those very people. A
Chicago study documented that 60 violent crimes could have been
prevented if DNA samples were required during an arrest.
CHAIR MCGUIRE noted a presentation showing some incredible
trends and advocating this kind of law. "The further you go, the
more crimes you end up solving," she stated.
SENATOR STEVENS asked how the information is retracted once it
is broadcast around the country, if the person is innocent.
10:17:27 AM
SENATOR BUNDE said he didn't think the DNA information was
broadcast, nor are family history or health issues analyzed.
MICHELLE COLLINS, Criminologist, Alaska State Crime Lab, said
the lab is looking at just a few portions of the DNA that have
no relation to health history.
SENATOR STEVENS asked about the DNA being broadcast around the
county to check on crimes, and how that is then removed.
10:20:20 AM
MS. COLLINS said the samples are uploaded to a national data
base held and governed by the FBI. The FBI has the link to the
other states, so there is no direct link between states. When
charges are dropped or a conviction is overturned, the court
orders the lab to destroy the sample and remove the profile. It
is removed at the state level and at the national lab. It is
never housed in another state, she explained.
CHAIR MCGUIRE said once that sample is uploaded into CODIS, she
assumes the states begin a process to see if it matches other
samples even prior to the resolution of the charge.
MS. COLLINS said the samples are allowed to be searched, but
only by the FBI. The state is notified if there is a match.
10:22:36 AM
MS. COLLINS said CODIS stands for Combined DNA Index System, and
it is the database that was created and is regulated by the FBI.
SENATOR FRENCH asked once the sample is uploaded into CODIS, are
searches continually run.
10:23:41 AM
MS. COLLINS said the FBI searches the national index once a
week. In response to Senator French, she said once the match is
made, it cannot be undone. There is a parallel system for
fingerprints, she said.
SENATOR STEVENS asked if an arrest was made for one crime and
the sample solved another crime, would it be considered a false
arrest.
10:26:30 AM
SENATOR FRENCH said as long as it was a valid arrest, which 99
percent are, it would be hard to undo the match, but there may
be other perspectives.
CHAIR MCGUIRE said it would be interesting to know if someone's
DNA matched a crime but the underlying arrest was dismissed if
the DNA should not be allowed as evidence. "My hunch is that
they'll get the evidence some way."
10:28:16 AM
SENATOR BUNDE said if it was a trumped-up charge that led to the
initial arrest, the sample could not be used.
CHAIR MCGUIRE noted that there are good cops and bad cops, and
she referred to the search and seizure laws.
She announced she would hold SB 33 over.
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