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 |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 92 | TELECONFERENCED | |
| *+ | SB 33 | TELECONFERENCED | |
| *+ | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 13, 2007
9:04 a.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Gary Stevens, Vice Chair
Senator Hollis French
Senator Lyda Green
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING: State Commission for Human Rights
Karen Rhoades
CONFIRMATION ADVANCED
CONFIRMATION HEARING: Alaska Public Offices Commission
Shirley Dean
CONFIRMATION ADVANCED
SENATE BILL NO. 92
"An Act relating to ignition interlock requirements; relating to
limited driver's license privileges for persons convicted of
driving while under the influence of an alcoholic beverage,
inhalant, or controlled substance and requiring certain persons
to utilize ignition interlock devices to qualify for a limited
driver's license; relating to probation for driving while under
the influence of an alcoholic beverage, inhalant, or controlled
substance, and refusal to submit to a chemical test; and
providing for an effective date."
HEARD AND HELD
SENATE BILL NO. 33
"An Act relating to DNA samples from persons charged with
felonies."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 92
SHORT TITLE: LIMITED LICENSE IGNITION INTERLOCK
SPONSOR(S): SENATOR(S) FRENCH
02/21/07 (S) READ THE FIRST TIME - REFERRALS
02/21/07 (S) STA, JUD, FIN
03/13/07 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 33
SHORT TITLE: DNA FROM PERSONS CHARGED WITH FELONIES
SPONSOR(S): SENATOR(S) BUNDE
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, JUD, FIN
03/13/07 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
KAREN RHOADES, Appointee
State Commission for Human Rights
Wasilla, Alaska
POSITION STATEMENT: Answered questions regarding appointment.
SHIRLEY R. DEAN, Appointee
Alaska Public Offices Commission
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding appointment.
MS. BABETTE MILLER, Owner
Smart Start Alaska
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding SB 92.
RODNEY DIAL, Lieutenant
Alaska State Troopers
Ketchikan, Alaska
POSITION STATEMENT: Spoke in favor of SB 92.
JANE ALBERTS, Staff
to Senator Con Bunde
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 33 on behalf of Senator Bunde,
Sponsor.
MICHELLE COLLINS, Criminologist
Alaska State Crime Lab
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding SB 33.
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Committee
meeting to order at 9:04:00 AM. Senators McGuire, French, Green,
Bunde, and Stevens were present at the call to order.
9:04:58 AM
^Confirmation Hearing: State Commission for Human Rights
CHAIR MCGUIRE announced consideration of Karen Rhoads for a seat
on the State Commission for Human Rights. She asked Ms. Rhoads
why she wants the position.
KAREN RHOADES, Appointee, State Commission for Human Rights,
said the biggest reason is she is friends with the governor who
"knows of my passion for justice." It's sad that there is still
a need to address discrimination. It would be honorable to
"educate people and change people's minds and opinions about
minorities, or in the workplace, or in the public arena."
9:05:51 AM
SENATOR GREEN asked about the balance between unjust claims and
unethical actions against an employee.
MS. RHOADES said she would weigh the evidence, including the
history of the employer. There are two sides to every story, and
she will have to learn how to judge the truthfulness of claims.
She said she is an employer, so she knows how it would feel to
be falsely charged.
SENATOR FRENCH asked if she has had prior experience with the
commission and if she understands how it works.
MS. RHOADES said she has not been to one of the meetings, but
she had a briefing with the executive director.
SENATOR FRENCH asked how much time her duties will take.
9:08:19 AM
MS. RHOADES said the commission meets three to four times a
year, and active participation would be periodic. Once cases are
vetted, certain files might be farmed out to commissioners to
review prior to the committee meetings, she surmised.
SENATOR FRENCH asked how many decisions are issued each year.
MS. RHOADES said it appears to average four to six.
SENATOR BUNDE said some people accept appointments but don't
participate on a regular basis, and he asked if there is
anything that would keep her from attending the meetings.
MS. RHOADES said she makes commitments and keeps them. She said
she has high regard for the governor and would not want to
dishonor her in that way.
SENATOR BUNDE asked if she can make the hard decisions of
telling people no, even in a racially tinged situation.
MS. RHOADES said she would not have a problem if it was a fair
decision.
9:10:35 AM
CHAIR MCGUIRE asked if she is aware of the backlog of cases and
the issues surrounding the backlog.
MS. RHOADES said she knows that two staff positions were cut
causing a serious backlog. The positions have been restored.
CHAIR MCGUIRE asked if she is committed to keeping pace.
MS. RHOADES said that is the desire. It is difficult for a
person to wait a long time for justice. Witnesses and others
move on, so it is difficult to bring justice after a long time.
9:11:23 AM
CHAIR MCGUIRE said if Ms. Rhoads is confirmed, she would like
her to keep in touch with the committee on the backlog issue.
Both the employer and the others need certainty in order to move
forward. It has been frustrating on both sides. She moved to
forward the name of Karen Rhoads to a joint session for
consideration for appointment to the State Commission for Human
Rights. Hearing no objection, it was so ordered.
The committee took an at-ease from 9:12:32 AM to 9:14:02 AM.
^Confirmation Hearing: Alaska Public Offices Commission
CHAIR MCGUIRE announced consideration of Shirley Dean for a seat
on the Alaska Public Offices Commission (APOC). She asked Ms.
Dean why on earth she wants the position.
9:14:07 AM
SHIRLEY R. DEAN, Appointee, Alaska Public Offices Commission,
said she is honored to be chosen and she strongly supports
APOC's mission of accountability and of effective and efficient
government. She said she just retired and has the time as well.
SENATOR STEVENS said the system is not working, and he noted the
ongoing FBI investigations of some possibly enormous issues. The
state misses those, but it is catching the little things, like
fining the rules chair $50 for not reporting something on time.
"So we're catching those little things and missing the big
picture. Do you see something…wrong with our ethics approach,
our whole reason for APOC…and what do we do to improve that?"
MS. DEAN said she doesn't feel capable of answering that.
SENATOR FRENCH asked about her background.
MS. DEAN said she was raised in Ketchikan and worked in the
Ketchikan Police Department. She then worked on the Alaska
pipeline and did labor activities. She worked for the
legislature in the 1980s, and then she became an investigator
for the human rights commission and for child support.
9:16:44 AM
SENATOR FRENCH said he agreed with Senator Stevens, and APOC is
a complaint-driven commission without investigators, but there
may be a request for an investigator in the budget. He asked
what political activity Ms. Dean has participated in.
MS. DEAN said she is trained in impartiality. She is a Democrat
and was a state delegate in the early days, but she hasn't been
involved in party politics for seven years.
9:18:59 AM
SENATOR FRENCH asked how much commission work she will do.
MS. DEAN said she is just one of five volunteer commission
members, and she will represent Southeast Alaska.
SENATOR BUNDE said perhaps she will have the opportunity to
balance Mr. Dapcevich's strong opinions. Choosing to run for
office makes a person suspect and guilty until proven innocent,
he said, so he is pleased to hear that she was a police officer
and an investigator and will assume someone is innocent until
proven guilty. It will be a challenge with so much cynicism, and
he looks forward to her being an advocate for public service.
9:21:12 AM
MS. DEAN said she believes in public service, and she has served
on the Council on Domestic Violence and Sexual Assault.
SENATOR BUNDE suggested requiring public servants to serve like
one serves on jury duty-no unexcused absences.
CHAIR MCGUIRE said her interactions with APOC have been very
positive. She doesn't know all the issues that Ms. Dean will be
deliberating on, but members can pick up the phone and call and
get help with rules and with filing correctly. The Anchorage
office has been very helpful. APOC has an enforcement role and a
supportive, educational role, she stated.
9:22:37 AM
CHAIR MCGUIRE moved to recommend that the name of Shirley Dean
be forwarded to a joint session for consideration for
appointment to the Alaska Public Offices Commission. Hearing no
objection, it was so ordered.
The committee took an at-ease from 9:23 to 9:25:13 AM.
SB 92-LIMITED LICENSE IGNITION INTERLOCK
CHAIR MCGUIRE announced the consideration of SB 92.
SENATOR FRENCH said the ignition interlock device is an
automatic check to prove that drivers are sober before driving
their cars. The idea is to put something between repeat drunk
drivers and their cars. SB 92 uses modern technology to combat
drunk driving in Alaska, which has one of the highest DUI
[driving under the influence] rates in the country. Many
convicted drivers are multiple offenders. In 2006, nearly one
third of Alaska's DUI cases involved a person that had been
convicted in the past. The device would be required during
probation for repeat DUI offenders and for first-time offenders
with a blood-alcohol level of over 0.15. In order for a repeat
offender to drive, the car must be equipped with the device, and
the cost of the device will be borne by the offender. If a judge
grants a limited license privilege to an offender during the
period of license revocation, the bill will require the device.
No one will argue that Alaska needs to lower its DUI statistics,
he stated, and SB 92 is a proactive step.
9:27:14 AM
SENATOR FRENCH said there are places in the state where it might
be impossible to install the device, and the bill leaves it to
the commissioner to delegate where its use is feasible. He noted
that in Unalaska the cost of the device would be over $1,000.
The idea is to get as many people as possible, and he suggested
that the use of the device will be feasible in the Railbelt and
other cities that can support the necessary technician. It is
not a magic bullet--there is always a way for someone to get
around the law--but Alaska needs to make it more difficult for
someone to drive drunk. The device will also allow someone who
is sober back behind the wheel, he concluded.
9:29:06 AM
SENATOR BUNDE said he supports the goal, and he has looked into
it before, but he was discouraged by the scofflaws that could
get around the system. He asked about cheating in other states.
MS. BABETTE MILLER, Owner, Smart Start, said she doesn't have
those numbers, but she can get them.
SENATOR BUNDE said the new interlocks are more sophisticated,
and he asked how they work.
MS. MILLER said the interlock system works by blowing and
humming into the unit for seven seconds. A voice detector
prevents someone from using an air tank.
9:31:19 AM
SENATOR STEVENS asked if the system detects that particular
individual, and what the costs are.
MS. MILLER said there is a new unit that takes a picture of the
individual blowing into the unit to verify identity, but it is
not approved for Alaska yet. She said her company charges $100
for installation and $125 a month for the lease.
SENATOR BUNDE said when someone builds a better lock, someone
finds a better hacksaw. He asked about a person required to use
an interlock in one town who went to another town to buy a car.
9:33:11 AM
SENATOR FRENCH said it is not a matter of where the car is
registered, but where the person will be driving. He assumes the
department will consider everything when granting a waiver to
drive. There are ways of checking where a person lives, he said.
9:34:07 AM
SENATOR BUNDE asked if the department will do a case by case
analysis of who will get a waiver.
SENATOR FRENCH said it could be a hybrid, and someone could be
exempted because of the disproportionate costs, and he
anticipates that there will be regional exemptions.
SENATOR BUNDE said some people will claim poverty, forcing the
state to pick up the tab.
SENATOR FRENCH said driving is a privilege not a right, and the
state will not pay. If a person can't afford a car, the state
doesn't offer a car. Likewise, if a person can't satisfy the
condition of the sentence, he or she will need to use public
transportation. There is a huge cost involved, but his sympathy
is with the ones hurt by drunk drivers.
SENATOR BUNDE said he agrees that the perpetrator must bare the
costs, and the state should not pay for the program.
SENATOR GREEN asked when the infraction actually occurs. She
asked if driving a different car is an offence.
9:36:36 AM
SENATOR FRENCH said the onus would be on the person; if driving,
he or she must be behind the wheel of a car with the device.
Family members can drive that car or a car without a device.
RODNEY DIAL, Lieutenant, Alaska State Troopers, said the
Department of Public Safety fully supports SB 92. Having this
device is not only a reminder to the driver; it is also an
indication to the rider. He has made hundreds of DUI arrests and
is constantly amazed at the number of drunk drivers who have a
sober passenger. "We are fairly excited about this, that this
will reduce some of the impaired drivers on our roads and make
Alaska highways safer," he stated.
9:39:26 AM
SENATOR BUNDE noted the sponsor's intention of exempting remote
areas because of the added costs. "If you can't afford an
interlock that's going to cost you $1,000, maybe you ought not
to drink." He noted there are places where bootlegged alcohol
costs hundreds of dollars a gallon, and "perhaps there is the
money available if there is the will."
9:40:24 AM
SENATOR FRENCH said one study shows repeat offenses are
decreased 80 percent in the first year of using the interlock
device. He pointed out one letter in support of SB 92 that notes
the harm done by repeat offenders. We can eliminate the killing
of innocent people--or keep downward pressure, he said.
SENATOR GREEN noted that court-imposed fines don't vary by
region and why Senator French is concerned about the variation
in the cost of the interlock device.
9:41:57 AM
SENATOR FRENCH said the fines are uniform. "We don't fine people
in Bethel $5,000 and people in Anchorage $1,000." If an ignition
interlock can be many times more expensive, "there has to be
some allowance for the fact that it is just not available
statewide." He said it may be feasible with future technology,
but for now, the disproportion costs need to be considered.
SENATOR STEVENS asked if it applies to other vehicles such as
snow machines.
MS. MILLER said the unit cannot be installed where it can't be
protected from the environment.
9:44:03 AM
CHAIR MCGUIRE said the legislature needs to continue the
pressure of getting the interlock devices in the communities.
[The bill] doesn't mention the cost of the device, she said.
Driving is a privilege, and the interlock device absolutely
reduces recurrence rates. It is incumbent on the legislature to
encourage the use and availability of the devices in outlying
areas. "Whatever it takes," she stated.
SENATOR BUNDE moved Amendment 1, as follows: Delete lines 12-15
on page 10, which give the Department of Administration the
ability to determine that interlocks are not available in some
places. With fines as high as $6,000, "it seems as if the cost
of another $1,000 for an interlock is not substantial." This is
a very broad allowance for the department to determine if the
device is unavailable. Someone in Talkeetna could make that
claim, he suggested.
CHAIR MCGUIRE said the net effect would be that someone who
didn't get the device would not be able to drive.
9:46:57 AM
SENATOR GREEN noted other references to the same thing.
SENATOR BUNDE withdrew his amendment and instead moved
conceptual Amendment 1 to "remove all references to making the
interlock device optional."
9:48:13 AM
CHAIR MCGUIRE said the drafter can look for any reference, and
she noted the references on page 2, 7, and 10. She said she will
object in order to hear Senator French's response.
SENATOR FRENCH said it boils down to proportionality. It is not
fair to charge one person $125 and another $1,000. He is willing
to wait for the technology to catch up with the rest of the
state and focus on the Railbelt and other urban areas.
SENATOR STEVENS said he has some concerns with the remote
villages that he is not familiar with. Villages don't have
public transportation, he noted.
9:50:08 AM
CHAIR MCGUIRE asked if the Smart Start Company is in Alaska now.
MS. MILLER said yes, and the company goes to remote areas once
there are four to five people that need the service. The airfare
is not charged to them. "We bite that cost," she stated. "We do
that with approximately two remote areas at a time. We are
currently…expanding into as many areas as we can." She said she
is hiring contractors in outlying areas, including Dillingham,
Kodiak, Sitka, Ketchikan, and Juneau. There is a competitor in
Bethel, she added. The company tries to cover as many areas as
it can. There are two people on a list in Unalaska, "and once we
pull out of another area that we're in at a loss, if that area
still needs the service, we will go in to that area and install
the units and try to find a contractor there."
SENATOR BUNDE said the level of alcohol abuse in rural Alaska
exceeds the high abuse in urban Alaska. The bill deals with
traffic laws and only applies to state roads. Small villages may
not have state roads, he said, and asked if it would apply.
9:52:42 AM
SENATOR FRENCH said there are insurance laws that don't apply,
but you can get a DUI while sitting in a parking lot or in a
driveway. It is all encompassing, he said. He then asked Ms.
Miller if she charges the same fee throughout the state.
MS. MILLER said the installation cost is $50 more when flying to
an area, and the monthly price is same.
SENATOR STEVENS asked if the waiver is removed and if a person
in a place without access to the device drives sober, would he
or she would be in violation. He thinks the waiver should be
left in for the time being.
9:54:19 AM
SENATOR FRENCH suggested holding the bill until the department
figures out where the device will be required. It is important
to keep in mind that the bill is about repeat offenders.
9:55:09 AM
CHAIR MCGUIRE said the limited license is a privilege within a
privilege: "you're a repeat offender; you've broken the law
multiple times, and now we're allowing you to drive on a limited
basis, and in exchange for that very gracious privilege, we're
asking that an interlock device be installed to put you in
between your drinking problem and the wheel of your car." She
said she is leaning toward the amendment because of the
privilege part and that the interlock is maybe the only thing
that separates that alcoholic from the car and the drinking.
SENATOR BUNDE asked if a remote location adds an extra $50 for
installation, but the monthly fee is the same throughout the
state. He noted that a $1000 installation fee isn't reality.
MS. MILLER said that is true, but her competitor passes on the
airfare. Her company gives the option of paying the airfare if
an individual doesn't want to wait for four or five others
needing the service in the area.
9:57:29 AM
SENATOR STEVENS asked for the statistics of DUIs around the
state, because some villages may not have any DUIs.
CHAIR MCGUIRE requested information on airline costs and the
other company's policies.
SB 92 was held over.
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.
CHAIR MCGUIRE adjourned the meeting at 10:29:40 AM.
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