SCS CSHB 27(JUD): "An Act directing the Department of Public Safety to establish and maintain a deoxyribonucleic acid (DNA) identification registration system and requiring DNA registration by persons convicted of a felony crime against a person and of minors 16 years of age or older who are adjudicated a delinquent for an act that would be a felony crime against a person if committed by an adult; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 27(JUD) 01 "An Act directing the Department of Public Safety to establish and maintain a 02 deoxyribonucleic acid (DNA) identification registration system and requiring DNA 03 registration by persons convicted of a felony crime against a person and of 04 minors 16 years of age or older who are adjudicated a delinquent for an act 05 that would be a felony crime against a person if committed by an adult; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 22.20 is amended by adding a new section to read: 09 ARTICLE 4. JUDICIAL COUNCIL. 10 Sec. 22.20.200. DNA EVIDENCE INFORMATION. The judicial council shall 11 periodically review and distribute information relevant to the technical, legal, and 12 scientific use of deoxyribonucleic acid (DNA) profiles in criminal proceedings to 13 (1) judges and magistrates; 14 (2) the Department of Law;
01 (3) the Public Defender Agency; 02 (4) the office of public advocacy. 03 * Sec. 2. AS 44.41 is amended by adding a new section to read: 04 Sec. 44.41.035. DNA IDENTIFICATION SYSTEM. (a) To support criminal 05 justice services in this state, the Department of Public Safety shall establish a 06 deoxyribonucleic acid (DNA) identification registration system. 07 (b) The Department of Public Safety shall collect for inclusion into the DNA 08 registration system a blood sample, oral sample, or both, from (1) a person convicted 09 of a crime against a person, and (2) a minor 16 years of age or older, adjudicated as 10 a delinquent for an act that would be a crime against a person if committed by an 11 adult. The DNA identification registration system consists of the blood or oral 12 samples drawn under this section, any DNA or other blood grouping tests done on 13 those samples, and the identification data related to the samples or tests. Blood 14 samples and oral samples from persons not subject to testing under this section, and 15 test or identification data related to those samples, may not be entered into, or made 16 a part of, the DNA identification registration system. 17 (c) The Department of Public Safety may provide 18 (1) DNA analysis services to law enforcement agencies throughout the 19 state; and 20 (2) assistance to law enforcement officials and prosecutors in the 21 preparation and utilization of DNA evidence for presentation in court. 22 (d) Except as provided in (e) of this section, a local law enforcement agency 23 may not establish or operate a DNA identification registration system unless 24 (1) the equipment and the DNA typing method of the local system are 25 compatible with that of the state system under (a) of this section; 26 (2) the local system is equipped to receive and answer inquiries from 27 the department's DNA identification registration system and transmit data to the 28 department's DNA identification registration system; and 29 (3) procedure and rules for the collection, analysis, storage, 30 expungement, and use of DNA identification data do not conflict with this section and 31 procedures and rules applicable to the department's DNA identification registration
01 system. 02 (e) Nothing in (d) of this section prohibits a local law enforcement agency 03 from performing DNA identification analysis in individual cases to assist law 04 enforcement officials and prosecutors in the preparation and use of DNA evidence for 05 presentation in court. 06 (f) The DNA identification registration system is confidential, is not a public 07 record under AS 09.25.110 - 09.25.140, and may be used only for 08 (1) providing DNA or other blood grouping tests for identification 09 analysis; 10 (2) law enforcement purposes including criminal investigations and 11 prosecutions; 12 (3) statistical blind analysis; or 13 (4) improving the operation of the system. 14 (g) A person from whom a sample has been collected under this section may 15 inspect and obtain a copy of the identification data regarding the person contained 16 within the DNA identification registration system. 17 (h) The Department of Public Safety shall adopt reasonable procedures 18 (1) for the collection, analysis, storage, expungement, and use of the 19 DNA identification registration system; and 20 (2) to protect the DNA identification registration system established 21 under this section from unauthorized access and from accidental or deliberate damage 22 by theft, sabotage, fire, flood, wind, or power failure. 23 (i) The Department of Public Safety shall destroy the material in the system 24 relating to a person if 25 (1) the conviction or adjudication that subjected the person to having 26 a sample taken under this section is reversed; and 27 (2) the person 28 (A) is not retried or readjudicated for the crime; or 29 (B) after retrial, is acquitted of the crime or after readjudication 30 for the crime is not found to be a delinquent. 31 (j) In this section,
01 (1) "crime against a person" means a felony offense, or a felony 02 attempt to commit an offense, under AS 11.41, other than AS 11.41.320, or under 03 AS 11.46.400; 04 (2) "oral sample" means a sample taken from the mouth of a person 05 that consists of saliva or tissue, or both, as is determined by the Department of Public 06 Safety to be necessary to obtain an accurate DNA identification and to otherwise 07 achieve the purposes of this section. 08 * Sec. 3. APPLICABILITY. This Act applies to all convictions occurring on or after the 09 effective date of this Act for a crime against a person, as that term is defined in sec. 2 of this 10 Act. 11 * Sec. 4. This Act takes effect January 1, 1996.