00 HOUSE CS FOR CS FOR SENATE BILL NO. 13(FIN)                                                                             
01 "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA)                                      
02 profiles in civil and criminal proceedings; and amending Rule 703 of the Alaska                                         
03 Rules of Evidence."                                                                                                     
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 09.25 is amended by adding a new section to read:                                                   
06  Sec. 09.25.051.  ADMISSIBILITY OF DNA PROFILES.  (a) In a civil action                                                
07 or proceeding, evidence of a DNA profile is admissible to prove or disprove any                                         
08 relevant fact if the court finds that the technique underlying the evidence is                                          
09 scientifically valid.  The admission of the DNA profile does not require a finding of                                   
10 general acceptance in the relevant scientific community of DNA profile evidence.                                        
11  (b)  In this section,                                                                                                 
12   (1)  "deoxyribonucleic acid" means the molecules in all cellular forms                                               
13 that contain genetic information in a patterned chemical structure for each individual;                                 
14   (2)  "DNA profile"                                                                                                   
01   (A)  means an analysis of blood, semen, tissue, or other cells                                                      
02 bearing deoxyribonucleic acid resulting in the identification of the individual's                                       
03 patterned chemical structure of genetic information;                                                                    
04   (B)  includes statistical population frequency comparisons of the                                                   
05 patterned chemical structures described in (A) of this paragraph.                                                       
06    * Sec. 2.  AS 12.45 is amended by adding a new section to read:                                                      
07  Sec. 12.45.035.  ADMISSIBILITY OF DNA PROFILES.  (a) In a criminal                                                    
08 action or proceeding, evidence of a DNA profile is admissible to prove or disprove any                                  
09 relevant fact, if the court finds that the technique underlying the evidence is                                         
10 scientifically valid.  The admission of the DNA profile does not require a finding of                                   
11 general acceptance in the relevant scientific community of DNA profile evidence.                                        
12  (b)  In this section,                                                                                                 
13   (1)  "deoxyribonucleic acid" means the molecules in all cellular forms                                               
14 that contain genetic information in a patterned chemical structure for each individual;                                 
15   (2)  "DNA profile"                                                                                                   
16   (A)  means an analysis of blood, semen, tissue, or other cells                                                      
17 bearing deoxyribonucleic acid resulting in the identification of the individual's                                       
18 patterned chemical structure of genetic information;                                                                    
19   (B)  includes statistical population frequency comparisons of the                                                   
20 patterned chemical structures described in (A) of this paragraph.                                                       
21    * Sec. 3.  AS 09.25.051, added by sec. 1 of this Act, and AS 12.45.035, added by sec. 2                              
22 of this Act, have the effect of amending Rule 703, Alaska Rules of Evidence, to the extent                              
23 that Rule 703 would limit the admissibility of DNA profile evidence as a result of the                                  
24 application of the standard previously adopted by the Alaska Supreme Court in Pulakis v.                                
25 State, 476 P.2d 474 (Alaska 1970), that requires a finding of general acceptance of scientific                          
26 evidence in the relevant scientific community as a precondition of admission of scientific                              
27 evidence.