SB 12: "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 sex offense; and providing for an effective date."
00SENATE BILL NO. 12 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 sex offense; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that 07 (1) recent developments in molecular biology and genetics have important 08 applications for forensic science; it has been scientifically established that there is a unique 09 pattern to the chemical structure of the deoxyribonucleic acid (DNA) contained in each cell 10 of the human body; the process for identifying this pattern is called "DNA identification"; and 11 (2) the accuracy of identification provided by this method is superior to that 12 of any presently existing technique and recognizes the importance of this scientific 13 breakthrough in providing a reliable and accurate tool for the investigation and prosecution 14 of sex offenses.
01 * Sec. 2. AS 44.41 is amended by adding a new section to read: 02 Sec. 44.41.035. DNA IDENTIFICATION SYSTEM. (a) To support criminal 03 justice services in this state, the Department of Public Safety shall establish a 04 deoxyribonucleic acid (DNA) identification registration system. The DNA 05 identification registration system as established shall be compatible with that utilized 06 by the Federal Bureau of Investigation. 07 (b) A person convicted in this state of a sex offense shall have a blood sample 08 drawn for purposes of DNA identification analysis. A blood sample taken under this 09 section may be used only for the purpose of providing DNA or other blood grouping 10 tests for identification analysis and prosecution of a sex offense. 11 (c) The Department of Public Safety may provide 12 (1) DNA analysis services to law enforcement agencies throughout the 13 state; 14 (2) assistance to law enforcement officials and prosecutors in the 15 preparation and utilization of DNA evidence for presentation in court; and 16 (3) expert testimony in court on DNA evidentiary issues. 17 (d) Except as provided in (e) of this section, a local law enforcement agency 18 may not establish or operate a DNA identification registration system unless 19 (1) the equipment of the local system is compatible with that of the 20 state system under (a) of this section; 21 (2) the local system is equipped to received and answer inquiries from 22 the department's DNA identification registration system and transmit data to the 23 department's DNA identification registration system; and 24 (3) procedure and rules for the collection, analysis, storage, 25 expungement, and use of DNA identification data do not conflict with procedures and 26 rules applicable to the department's DNA identification registration system. 27 (e) Nothing in (d) of this section prohibits a local law enforcement agency 28 from performing DNA identification analysis in individual cases to assist law 29 enforcement officials and prosecutors in the preparation and use of DNA evidence for 30 presentation in court. 31 (f) DNA identification data may not be used for any purpose that is not related
01 to a criminal investigation or to improving the operation of the system authorized by 02 this section. 03 (g) In this section, "sex offense" has the meaning given in AS 12.63.100. 04 * Sec. 3. This Act takes effect January 1, 1996.