Legislature(2007 - 2008)BELTZ 211
03/22/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB117 | |
| SB92 | |
| SB115 | |
| SB16 | |
| SB33 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 16 | TELECONFERENCED | |
| + | HB 117 | TELECONFERENCED | |
| += | SB 33 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 92 | ||
| = | SB 115 | ||
SB 33-DNA FROM PERSONS CHARGED WITH FELONIES
10:07:25 AM
CHAIR MCGUIRE announced consideration of SB 33.
SENATOR BUNDE, Alaska State Legislature, sponsor of SB 33, said
he would prefer that DNA samples be taken at the time of arrest
of an individual, which is when fingerprints are taken, instead
of only when the person is charged. He said he assumes that the
Department of Public Safety would also have that preference.
Most people who are arrested are charged with something. "I'm
asking the committee to review the two options: whether the
sample be taken at arrest or at the charging."
10:09:36 AM
CHAIR MCGUIRE said Version E requires DNA when arrested, and
Version C is when charged. Both are on the table, she said.
KAREN FORREST, Deputy Director, Division of Juvenile Justice,
Department of Health and Social Services (DHSS), suggested a
minor clarification. Existing law makes a distinction between
DNA collection for persons and minors, so she suggested adding
"or minors" following "the persons".
10:11:38 AM
CHAIR MCGUIRE said she sees what she means. For Version C, the
change will be on page 1, lines 15, 18 and 19. In version E, the
change will be on lines 14, 17, and 18.
SENATOR FRENCH asked if two versions of a bill can be before the
committee.
CHAIR MCGUIRE said Version E was adopted and is technically
before the committee as a working document. She then said, "So
we had C before us, and it is a bit unorthodox, I don't
disagree, but in the interest of time…we will be working from C,
but E is a version that is pro-offered by the sponsor just to be
considered."
10:14:33 AM
DAVID SCHADE, Director, Division of Statewide Services,
Department of Public Safety (DPS), said the department supports
the bill. DNA is already required for convicted persons. That
sample doesn't always get collected or it's delayed, he noted.
This bill will give the state another opportunity to make sure
that that requirement is completed.
10:15:33 AM
SENATOR STEVENS asked which version he supports.
MR. SCHADE said DPS prefers collecting the DNA when a person is
arrested because there is not a good mechanism for collecting it
when a person is charged.
SENATOR BUNDE said an arrest is a physical activity with an
enforcement officer present. Being charged is a paper
transaction, and the arrestee may not even be present.
CHAIR MCGUIRE said it is a policy call. An arrest is a point
when someone thinks a person might have done something and
probable cause is there. The charge is a higher standard, and
conviction is higher yet-so it's just a policy call.
SENATOR STEVENS asked when the DNA sample is shared in the
database.
10:17:58 AM
MR. SCHADE said the sample will be analyzed and put in the CODIS
database to see if any matches occur.
SENATOR STEVENS said it is better to get that information sooner
rather than later.
SENATOR BUNDE noted that John Dillinger wasn't arrested for
murder but for tax evasion. People committing petty crimes are
often involved in larger crimes. The opportunity at arrest,
while it is a broad net, serves to solve crimes, he said.
10:19:18 AM
SENATOR FRENCH said physical arrest is the most efficient time
to collect a sample, but he is philosophically more comfortable
with a prosecutor reviewing a charge before taking the sample.
Most states are going with DNA collection at the time of arrest,
he noted. He agreed that a person may not be present when being
charged.
SENATOR GREEN moved to adopt the committee substitute for SB 33,
labeled 25-LS0260\E, Luckhaupt, as the working document. Hearing
no objection, Version E was before the committee.
SENATOR BUNDE said 34 states are considering expanding or
initiating the use of DNA for fighting crime, and 19 are
choosing arrest as the point of collection.
10:21:24 AM
CHAIR MCGUIRE said she wants a strong letter of intent that
those wrongly arrested will have their DNA information retrieved
from CODIS. There is a severe penalty for the misuse of the DNA,
but she would like to emphasize that intent.
SENATOR STEVENS offered to move the bill.
CHAIR MCGUIRE asked, "Did we make those changes?"
SENATOR FRENCH said they were conceptual and the bill can be
cleaned up in the judiciary committee.
CHAIR MCGUIRE suggested Amendment 1 on behalf of Senator Bunde,
as follows:
Page 2, lines 14, 17, and 18, following "persons":
Insert "or minor's"
Hearing no objections, Amendment 1 carried.
SENATOR STEVENS moved the committee substitute to SB 33, labeled
25-LS0260\E, as amended, with attached fiscal notes and
individual recommendations. Hearing no objections, CSSB 33(STA)
passed from committee.
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