Legislature(1999 - 2000)
04/14/2000 03:50 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
April 14, 2000
3:50 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator John Torgerson
Senator Johnny Ellis
MEMBERS ABSENT
Senator Dave Donley
COMMITTEE CALENDAR
HOUSE BILL NO. 99
"An Act relating to sexual assault and the definitions of 'sexual
contact,' 'sexual penetration,' and 'legal guardian' in AS 11."
-MOVED HB 99 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 428(FIN)
"An Act relating to interest on child support overpayments that are
disbursed to the obligor."
-MOVED CSHB 428(FIN) OUT OF COMMITTEE
SENATE BILL NO. 207
"An Act relating to the establishment and enforcement of medical
support orders for children; and providing for an effective date."
-MOVED SB 207 OUT OF COMMITTEE
SENATE BILL NO. 201
"An Act relating to violations of an order to submit to
deoxyribonucleic acid (DNA) testing, to court orders and conditions
of parole to collect samples for DNA testing, to removal of
material from the DNA identification registration system; and to
the collection and processing of samples from certain burglary
perpetrators for the DNA identification registration system; and
providing for an effective date."
-HEARD AND HELD
CS FOR HOUSE BILL NO. 292(JUD)
"An Act adopting the National Crime Prevention and Privacy Compact;
making criminal justice information available to interested persons
and criminal history record information available to the public;
providing for the use of criminal justice information and records
by the Alcoholic Beverage Control Board; making certain conforming
amendments; and providing for an effective date."
-SCHEDULED BUT NOT HEARD
SENATE BILL NO. 199
"An Act adopting the National Crime Prevention and Privacy Compact;
making criminal justice information available to interested persons
and criminal history record information available to the public;
making certain conforming amendments; and providing for an
effective date."
-SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
HB 99 - See Judiciary Committee minutes dated 4/12/00.
HB 428 - No previous action to report.
SB 207 - See HESS minutes dated 3/22/00. See Judiciary Committee
minutes dated 4/12/00.
SB 201 - See Judiciary Committee minutes dated 4/12/00.
WITNESS REGISTER
Ms. Wilda Rodman
Staff Aid to Representative Therriault
State Capitol Building
Juneau, Alaska 99801
POSITION STATEMENT: Presented HB 428
Mr. Elmer Lindstrom, Special Assistant
Department of Health and Social Services
PO Box 110601
Juneau, Alaska 99811-0601
POSITION STATEMENT: Supports SB 207 and SB 201
Mr. Del Smith, Deputy Commissioner
Department of Public Safety
PO Box 111200
Juneau, Alaska 99811-1200
POSITION STATEMENT: Supports SB 201
Ms. Candace Brower
Department of Corrections
Parole Board Officer
PO Box 112000
Juneau, Alaska 99811-2000
POSITION STATEMENT: Supports SB 201
ACTION NARRATIVE
TAPE 00-22, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 3:50 p.m. Present were SENATOR TORGERSON, SENATOR
HALFORD, SENATOR ELLIS and CHAIRMAN TAYLOR. The first order of
business to come before the committee was HB 99.
HB 99-SEXUAL ASSUALT:VICTIM IN STATE CUSTODY
CHAIRMAN TAYLOR reminded the committee that testimony was heard
April 12 on HB 99.
SENATOR TORGERSON moved HB 99 from committee with individual
recommendations. There being no objection, the motion carried.
HB 428-INTEREST ON CHILD SUPPORT OVERPAYMENTS
MS. WILDA RODMAN, staff to Representative Therriault, explained
that HB 428 requires the Child Support Enforcement Division to pay
interest on the return of overpayments of child support when the
overpayment is due to a mistake made by the agency.
SENATOR TORGERSON moved HB 428 from committee with individual
recommendation. There being no objection, the motion carried.
SB 207-MEDICAL SUPPORT ORDERS FOR CHILDREN
MR. ELMER LINDSTROM, Special Assistant to the Department of Health
and Social Services (DHSS), indicated it is DHSS's desire to
establish support orders solely for medical costs without having to
establish a cash support order, under current statute DHSS is
unable to do this. Many families go on Medicaid and do not need to
establish a cash support order. DHSS feels that because the
state's interest is protected by a medical support order there is
not need for a cash support order unless the family wants one.
Number 263
SENATOR TORGERSON asked if this will effect co-pay.
MR. LINDSTROM responded not to his knowledge.
SENATOR TORGERSON moved SB 207 from committee with individual
recommendations. There being no objection, the motion carried.
SB 201-DNA TESTING & REGISTRATION
DEPUTY COMMISSIONER DEL SMITH, Department of Public Safety (DPS),
explained that the 1995 DNA law only allowed for the taking of DNA
samples from convicted offenders for violent crimes. SB 201
expands the offense of violent crimes to include felony burglaries.
A person convicted of a felony burglary after January 1, 1996 will
be obligated to provide a DNA sample for the DNA registry. SB 201
also changes the law to reflect current technology--medical
personnel will no longer be necessary for the collection of blood
samples, saliva DNA samples will be taken with a swab.
Number 448
CHAIRMAN TAYLOR noted that the American Civil Liberties Union
(ACLU) has filed a document with the Judiciary Committee. He noted
that during the last meeting the ACLU's concerns were addressed and
testimony was taken on those concerns.
CHAIRMAN TAYLOR noted that DNA sampling has also been used to
acquit people.
SENATOR TORGERSON said he was not sure he liked what was being done
in section 1. He asked if a DNA sample can be collected without a
court order.
DEPUTY COMMISSIONER SMITH replied that when there is a court order
a DNA sample must be given at the time a person is sentenced.
SENATOR TORGERSON asked if this is stated in AS 11.56.760 because
section 1 does not say this. Section 1 allows for anyone to
collect a DNA sample.
DEPUTY COMMISSIONER SMITH said section 1 just adds to current law--
because medical personnel are not always available for the
collection of a sample. DPS believes that allowing a correctional
officer, probation officer, or police officer to take a swab will
be more efficient.
CHAIRMAN TAYLOR explained that the question was whether or not a
police officer or probation officer or correctional officer can
order a person to give a DNA sample. Chairman Taylor said he reads
section 1 to say that one of these people can only order a person
to give a sample if testing is part of the sentence imposed under
AS 12.55.015 or if the person has been convicted of an offense that
requires DNA testing.
DEPUTY COMMISSIONER SMITH responded that a person has to be
convicted of those offenses stated in statute.
SENATOR TORGERSON said this must be stated in an earlier part of AS
11.56.
DEPUTY COMMISSIONER SMITH said yes, it was passed in 1995.
SENATOR TORGERSON asked why there is a retroactive date for
samples.
Number 660
DEPUTY COMMISSIONER SMITH said it matches the original date of
collections--the start of the DNA registry. A number of people
have been convicted of felony burglary since 1995 and DPS would
like to collect samples from them. He said it seemed logical at
the time but there are a number of people concerned with this
aspect of the bill.
SENATOR TORGERSON asked if a court order will be needed for the
collection of samples.
DEPUTY COMMISSIONER SMITH answered that a person has to commit an
offense that matches the statutory requirement or whether or not
DNA testing is part of the sentence--it cannot be done otherwise.
CHAIRMAN TAYLOR said it will not be part of sentencing, it will be
based on section 1 and 2 of the bill.
Number 880
MS. CANDACE BROWER, Department of Corrections (DOC), urged the
committee to pass SB 201.
MR. ELMER LINDSTROM, Department of Health and Social Services
(DHSS), said that DHSS supports passage of SB 201.
With no further business to come before the committee, CHAIRMAN
TAYLOR adjourned the meeting at 4:13 p.m.
| Document Name | Date/Time | Subjects |
|---|