Legislature(2003 - 2004)
05/02/2003 01:53 PM Senate JUD
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 2, 2003
1:53 p.m.
TAPE(S) 03-34
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Scott Ogan, Vice Chair
Senator Gene Therriault
Senator Johnny Ellis
Senator Hollis French
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 30
"An Act relating to information and services available to
pregnant women and other persons; and ensuring informed consent
before an abortion may be performed, except in cases of medical
emergency."
HEARD AND HELD
CS FOR HOUSE BILL NO. 2(JUD)(title am)
"An Act relating to the statute of limitations for certain civil
actions relating to acts constituting sexual offenses; and
providing for an effective date."
MOVED CSHB 2(JUD)(title am) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 249(JUD) am
"An Act relating to the award of costs and attorney fees to
defendants under court rule in civil actions brought under
monopoly and restraint of trade statutes; and providing for an
effective date."
MOVED CSHB 249(JUD) am OUT OF COMMITTEE
SENATE BILL NO. 93
"An Act relating to limitations on actions to quiet title to,
eject a person from, or recover real property or the possession
of it; and providing for an effective date."
HEARD AND HELD
CS FOR HOUSE BILL NO. 49(JUD)
"An Act relating to the deoxyribonucleic acid (DNA)
identification registration system and testing; and providing
for an effective date."
HEARD AND HELD
SENATE BILL NO. 85
"An Act relating to sentencing and to the earning of good time
deductions for certain sexual offenses."
MOVED CSSB 85(STA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 114(JUD)(title am)
"An Act relating to the issuance of a search warrant upon the
sworn testimony or affidavit of a person communicated by
telephone, other appropriate means, or facsimile machine."
SCHEDULED BUT NOT HEARD
PREVIOUS ACTION
SB 30 - See HESS minutes dated 3/17/03, 3/26/03, 4/3/03, 4/9/03
and 4/14/03.
HB 2 - See State Affairs minutes dated 4/10/03 and Judiciary
minutes dated 4/28/03.
HB 249 - See Judiciary minutes dated 4/30/03.
SB 93 - See Labor and Commerce minutes dated 3/11/03 and 4/1/03.
See Judiciary minutes dated 4/16/03 and 4/30/03.
HB 49 - No previous action to record.
SB 85 - See State Affairs minutes dated 4/10/03 and Judiciary
minutes dated 4/28/03.
WITNESS REGISTER
Senator Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 30.
Ms. Amy Seitz
Staff to Senator Wagoner
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 93.
Mr. Jon Tillinghast, Atty.
Sealaska Corporation
One Sealaska Plaza
Juneau AK 99801
POSITION STATEMENT: Supported SB 93.
Representative Tom Anderson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 49.
Mr. Chris Beheim, Director
Scientific Crime Detection Laboratory
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Commented on HB 49.
Ms. Debbie Joslin
PO Box 377
Delta Junction AK 99737
POSITION STATEMENT: Supported SB 30.
Ms. Linda Bowdre
PO Box 1048
Delta Junction AK 99737
POSITION STATEMENT: Supported SB 30.
Ms. Ruth Abbott
HC 60 Box 4225
Delta Junction AK 99737
POSITION STATEMENT: Supported SB 30.
Ms. Tiana Shawver
PO Box 926
Delta Junction AK 99737
POSITION STATEMENT: Supported SB 30.
Ms. Anne Harrison
Alaska State Board of Planned Parenthood
3270 Rosie Creek Rd.
Fairbanks AK 99709
POSITION STATEMENT: Opposed SB 30.
ACTION NARRATIVE
TAPE 03-34, SIDE A
SB 30-ABORTION: INFORMED CONSENT; INFORMATION
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 1:53 p.m. Present were Senators
Ogan and French. He announced that SB 30 was up for
consideration.
SENATOR DYSON, sponsor of SB 30, explained that since the 70s,
Alaska physicians who perform abortions are required by
regulation to inform their patients about the medical
implications and possible emotional and physical consequences of
the procedure. SB 30 puts that in statute and provides the
option for a doctor to use standardized information presented by
means of a pamphlet on the Internet. He said that he had no
knowledge that present practitioners weren't informing their
patients, but this would just make it easier for them to do that
and give them some immunity from prosecution for not doing it.
Making the information available on the Internet allows the
Department of Health and Social Services to update service
providers and support organizations and to translate that
information into other languages, including Alaska's Native
languages, easily.
SENATOR OGAN moved to adopt CSSB 30(JUD), version \V. There was
no objection and it was so ordered.
CHAIR SEEKINS said they would hold CSSB 30(JUD) until later.
CSHB 2(JUD)(title am)-CIVIL STATUTE OF LIMITATIONS/SEXOFFENSES
CHAIR SEEKINS announced CSHB 2(JUD) (title am) to be up for
consideration.
REPRESENTATIVE KEVIN MEYER, sponsor of HB 2, said that Pam
Finley, Reviser of Statutes, answered both of Senator Ogan's
questions from the previous meeting.
SENATOR OGAN agreed that he was satisfied.
REPRESENTATIVE MEYERS said deleting section 4, which pertains to
the retroactive provision, would be unclear to the courts and
add fodder to attorneys to argue whether the statute of
limitations should be what they were prior to 2001. Leaving it
makes their intent perfectly clear; that they want them to go
into effect when the bill is actually passed.
SENATOR OGAN moved to pass CSHB 2(JUD)(title am) with the
attached fiscal notes from committee with individual
recommendations. There was no objection and it was so ordered.
CSHB 249(JUD)-RESTRAINT OF TRADE: ATTY FEES AND COSTS
CHAIR SEEKINS announced HB 249 to be up for consideration.
SENATOR OGAN moved to pass CSHB 249 (JUD) am from committee with
individual recommendations and the zero fiscal note. There was
no objection and it was so ordered.
CSSB 85(STA)-REPEAT SERIOUS SEX OFFENSES/VICTIM COMP.
CHAIR SEEKINS announced SB 85 would be held until Senator Ogan
had a little additional time to go through the bill and that it
had an additional Finance referral.
SB 93-ADVERSE POSSESSION
CHAIR SEEKINS announced SB 93, version \V, to be up for
consideration.
SENATOR OGAN moved to adopt CSSB 93(JUD), version \W. There was
no objection and it was so ordered.
MS. AMY SEITZ, Staff to Senator Wagoner, sponsor, explained that
the committee adopted two conceptual amendments and Legislative
Legal made the new section 2 to address the boundary dispute
issue and new section 3 exempts utilities from what SB 93 would
do to the adverse possession law.
SENATOR OGAN questioned language in section 3 that said,
"presume to give title to the right-of-way or other interests to
the public utility". He wanted to know what other interests
might be.
MR. JON TILLINGHAST, Sealaska Corporation, explained that with
"other interests," the intent is to not change the ground rules
with respect to utilities or the Department of Transportation
from existing law.
SENATOR OGAN asked if this allows someone to gain title to not
only the right-of-way, but other interests, as well.
SENATOR ELLIS arrived at 2:13 p.m.
MR. TILLINGHAST replied that if there's a chance of anybody
getting a fee simple interest as a result of this section, it's
because of the words "or other interest". The earlier section
explains there may be circumstances where a fee simple interest
is necessary in order to own or operate the facility that you're
owning or operating.
SENATOR OGAN asked if it was necessary to get ownership by
adverse possession and could a utility get title to his property
if they had a power line going over it for 20 years as a
recorded right-of-way.
MR. TILLINGHAST responded under existing law if a utility line
is on his property for 15 - 20 years, they would by adverse
possession have a right-of-way, because that's all that's
necessary for them to maintain that utility line. This section
doesn't change that. They only get the least interest that's
necessary to do what they are doing.
SENATOR OGAN asked if it said that somewhere in Title 9.
MR. TILLINGHAST replied that line 17 says it.
SENATOR OGAN said he would be more comfortable in taking out the
"other interests" language and just have the ability to give
title to the right-of-way by adverse possession.
CHAIR SEEKINS said he also didn't want to give them any
subsurface mineral rights.
SENATOR WAGONER commented that this has gone through legal a
couple of times and he didn't think they would give a utility
any rights other than rights-of-way.
2:22 - 2:28 p.m. - at ease
SENATOR OGAN said he talked with Jack Chenoweth, Legislative
Legal, who said that utilities have easements and under this
bill, they're going to get title to right-of-way and other
interests and those could mean anything. They could get title to
the property if they had a power line across it by asserting
adverse possession.
SENATOR WAGONER said that was not his intention.
CHAIR SEEKINS said they would hold the bill until a new version
could be drafted.
CSHB 49(JUD)-EXPAND DNA DATABASE
CHAIR SEEKINS announced CSHB 49(JUD) to be up for consideration.
REPRESENTATIVE TOM ANDERSON, sponsor of HB 49, said that
collection and examination of DNA is the next step in
technological advancement in the art and science of criminal
investigations. Forensic DNA typing has made a broad and
positive impact on the criminal justice system in terms of
solving crimes and innocent people have been freed both before
trial and after incarceration due to this. HB 49 will make
police investigation more efficient and more accurate helping
both law enforcement and crime victims and will expand the
Alaska state database of DNA samples to include all persons with
a felony conviction under Alaska law and juveniles adjudicated
as a delinquent for these same offenses. There are provisions
for volunteer and anonymous donations. Persons who register as
sex offenders are also required to submit DNA samples into the
database. It will require offenders and minors currently
incarcerated or on state supervised parole for felony
convictions or certain sexual misdemeanor offenses to provide a
sample to the Department of Public Safety. The collection of DNA
will be in line with the collection of fingerprints, which are
currently collected at an arrest or, in some cases, during the
process of applying for a job.
SENATOR OGAN asked if the law could collect a sample from an
unknown person.
REPRESENTATIVE ANDERSON replied that wasn't the intent and the
Department of Law could clarify that.
SENATOR FRENCH said it should be made clear that they are
talking about a plane wreck or an arson case when a house burns
down and you're not sure who's in or who's out.
SENATOR THERRIAULT asked if the bill needs a findings section.
SENATOR ANDERSON replied that he didn't think that was in the
original, but was added in later.
SENATOR ELLIS said he has concerns about privacy issues because
DNA is an even more powerful identifier than fingerprinting. It
also identifies everybody else in the bloodline of that
individual. Some time in the future they might find themselves
passing laws to keep health insurance companies from not
excluding all people with a genetic predisposition for certain
diseases. Significant safeguards should be in place for it to be
used for good and not for other purposes.
Page 3, line 27, says "law enforcement purposes including
criminal investigation prosecutions" and he thought it would be
okay to just read "criminal investigations and prosecutions".
"Law enforcement purposes" was a very subjective phrase and open
to just anything.
Another concern he has is with keeping the sample of genetic
material after everything has been processed because someday we
will regret not being more careful about this subject.
REPRESENTATIVE ANDERSON responded that he understands Senator
Ellis's concern and that page 2, section 4, has a new section
about unlawful use of DNA samples, which addresses those
concerns. Page 2, line 25, says that unlawful use of DNA samples
is a Class C felony.
TAPE 03-34, SIDE B
2:48 p.m.
SENATOR FRENCH said he thinks they should hear from the crime
lab folks before they decide anything. Everyone agreed that they
would eventually have to protect the use of DNA for insurance
and other purposes.
MR. CHRIS BEHEIM, Director, Scientific Crime Detection
Laboratory, prepared a handout to explain the history of
biological testing at the state crime lab. In 1987, they first
started doing blood type testing and in 1992, they added DQ
Alpha, the first DNA testing marker. They used it first on a
homicide in Fairbanks and were able to eliminate the first
suspect. They found the killer by testing blood that was found
in his watchband.
In 1996, they added another DNA marker, known as the polymarker
technique, which eliminated about 99.9 percent of the
population. The big breakthrough came in 1999, when STR (short
tandem repeat) typing became available, which involves analysis
of 13 different markers on the DNA molecule. In 1997, all labs
began using this one technique so they could create databases
and exchange information. Prior to that time, there wasn't a
consistent technology.
The mechanism that allows them to store and compare DNA profiles
is known as CODIS (combined DNA index system), which is a
software package the FBI provides to laboratories at no cost.
CODIS has two indexes - the Convicted Offender Index and the
Forensic Index, which contains crime scene evidence DNA
profiles. There is no personally identifying information in the
database that is uploaded into CODIS. If there is a hit on the
database, they have to go to another database to find out where
the sample came from.
The primary purpose of CODIS is to identify suspects and it is
done by searching and comparing the convicted offender DNA
database against the forensic database. Law enforcement is
notified if a match occurs and they determine the significance
of it.
SENATOR OGAN asked why they have to retain the DNA material.
MR. BEHEIM explained that it is primarily for quality assurance.
When they achieve a match in the database, they go back and
retrieve the original sample and retype it to make sure there
hasn't been any sample switching. Contract labs are used, but
they deal with thousands and thousands of samples. When law
enforcement is notified, they want an additional sample to use
in any legal proceedings.
SENATOR FRENCH said he could see his concern about future misuse
of the sample and keeping a sample here, at least, guarantees
that the evidence being used is from the right person.
MR. BEHEIM said currently they have about 3,200 convicted
offender profiles in the database and DNA profiles from 165
unsolved crimes (17 homicides, 91 sexual assaults, 48 burglaries
and 9 miscellaneous). The database has helped enormously. Since
April 30, they have had 30 hits in the database; 15 hits have
matched unsolved crimes to specific convicted offenders; 15 of
them have linked cases together showing the same perpetrator is
involved.
Currently, Alaska's DNA database law is very weak; only
Connecticut's is weaker. When Oregon expanded their DNA database
to collect from all felons, their hits went up 400 percent. If
we can have a similar success rate, many crimes will be cleared
up. We are hampered now because our law is not retroactive, but
40 other states do have retroactive DNA laws. Under Alaska law,
you can't compare a sample for a crime unless it was committed
after 1996.
CHAIR SEEKINS held CSHB 49(JUD) for further work.
CSSB 30(JUD)-ABORTION: INFORMED CONSENT; INFORMATION
CHAIR SEEKINS announced CSSB 30(JUD) to be back up for
consideration.
MS. DEBBIE JOSLIN, Delta Junction resident, urged them to pass
the bill. When she was advised to have an abortion, she was not
given all the facts that should have been made available to her.
MS. LINDA BOWDRE, Delta Junction resident, supported SB 30
saying that not everyone knows about medical procedures.
MS. RUTH ABBOTT, Delta Junction resident, supported SB 30 saying
that it is about empowering women and respecting their
intelligence enough to give them the tools necessary to make an
educated choice.
MS. TIANA SHAWVER, Delta Junction resident, said that she didn't
want to have children, but that she couldn't live with the guilt
and depression that would probably follow if she got pregnant
and had an abortion. She supported SB 30 so that women could
make informed decisions.
MS. ANNE HARRISON, State Board of Planned Parenthood, opposed SB
30, because it is unnecessary. Since the 70s, health
professionals have counseled women about options, resources and
ramifications regarding any pregnancy, planned or unplanned. She
has counseled thousands of women. They do have a pro-choice
stand, but that is not to be understood as pro-abortion. She
felt the intent of SB 30 was to dissuade a woman from
terminating a pregnancy. She said that there is testimony,
possibly from hearsay, that many woman who have had abortions
are depressed and taking medication, but many women are
depressed and take medication and have never had an abortion to
feel such guilt over.
3:20 p.m.
CHAIR SEEKINS asked if she was saying that all health
professionals now provide the information that this bill would
require.
MS. HARRISON responded that she thought this bill had a strong
bias. "It is meant to shame and instill guilt. It is not meant
to inform."
She thought this information was already presented by those in
family planning clinics and obstetrician's offices (not general
practitioners).
SENATOR THERRIAULT asked her to point to the areas in the bill
that she thought were meant to shame a woman.
MS. HARRISON replied that she didn't have the bill in front of
her at this time.
SENATOR THERRIAULT said he was supportive of the bill, but if
she could pinpoint specific areas, he would work on language to
make it better. He said the bill included information about
letting a woman know that a father is liable for the support of
the child if it's taken to term.
CHAIR SEEKINS thanked everyone for their comments and said he
would hold the bill.
3:25 - 3:29 p.m. - at ease
CSSB 85(STA)-REPEAT SERIOUS SEX OFFENSES/VICTIM COMP.
CHAIR SEEKINS announced CSSB 85(STA) to be back up for
consideration. He noted that it had picked up a referral to the
Finance Committee based on the long-term cost of jail terms and
the increased sentence it would impose.
SENATOR ELLIS moved to pass CSSB 85(STA) from committee with the
accompanying fiscal notes with individual recommendations.
SENATOR OGAN objected saying that if they are going to have
repeat offenders going to jail for a long time, that they should
be going for something more than circumstantial evidence.
SENATOR THERRIAULT commented that since their last discussion,
the Department of Corrections revised their indeterminate fiscal
note and the Public Defender's Office submitted a fiscal note
that shows an immediate indeterminate fiscal impact. The
Finance Committee would have to evaluate what the potential cost
would be.
SENATOR OGAN removed his objection and CSSB 85(STA) moved from
committee. There being no further business to come before the
committee, Chair Seekins adjourned the meeting at 3:32 p.m.
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