CSHB 294(JUD): "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and providing for an effective date."
00CS FOR HOUSE BILL NO. 294(JUD) 01 "An Act relating to violations of an order to submit to deoxyribonucleic acid 02 (DNA) testing, to court orders and conditions of parole to collect samples for 03 DNA testing, to removal of material from the DNA identification registration 04 system; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.56.760(a) is amended to read: 07 (a) A person commits the crime of violating an order to submit to DNA testing 08 if, when requested by a health care professional acting on behalf of the state to provide 09 a blood sample, oral sample, or both, or when requested by a juvenile or adult 10 correctional, probation, or parole officer or a peace officer to provide an oral 11 sample, the person refuses to provide the sample or samples and the person has been 12 (1) ordered to submit to DNA testing as part of a sentence imposed 13 under AS 12.55.015; or 14 (2) convicted of an offense that requires DNA testing under the
01 provisions of AS 44.41.035. 02 * Sec. 2. AS 12.55.015(h) is amended to read: 03 (h) In addition to penalties authorized by this section, the court shall order a 04 person convicted of an offense requiring the state to collect a blood sample, oral 05 sample, or both, for the deoxyribonucleic acid identification registration system under 06 AS 44.41.035 to submit to the collection of 07 (1) the sample or samples when requested by a health care professional 08 acting on behalf of the state to provide the sample or samples ; or 09 (2) an oral sample when requested by a juvenile or adult 10 correctional, probation, or parole officer, or a peace officer . 11 * Sec. 3. AS 12.55.100(d) is amended to read: 12 (d) If the court orders probation for a defendant convicted of an offense 13 requiring the state to collect a blood sample, oral sample, or both, from the defendant 14 for the deoxyribonucleic acid identification registration system under AS 44.41.035, 15 the court shall order the defendant, as a condition of probation, to submit to the 16 collection of 17 (1) the sample or samples when requested by a health care professional 18 acting on behalf of the state to provide the sample or samples ; or 19 (2) an oral sample when requested by a juvenile or adult 20 correctional, probation, or parole officer, or a peace officer . 21 * Sec. 4. AS 33.16.150(a)(12) is amended to read: 22 (12) shall provide a blood sample, an oral sample, or both, when 23 requested by a health care professional acting on behalf of the state to provide the 24 sample or samples , or an oral sample when requested by a juvenile or adult 25 correctional, probation, or parole officer, or a peace officer, if the prisoner is being 26 released after a conviction of an offense requiring the state to collect the sample or 27 samples for the deoxyribonucleic acid identification system under AS 44.41.035. 28 * Sec. 5. AS 44.41.035(i) is amended to read: 29 (i) The Department of Public Safety shall , upon receipt of a court order, 30 destroy the material in the system relating to a person . The court shall issue the 31 order if it determines that [IF]
01 (1) the conviction or adjudication that subjected the person to having 02 a sample taken under this section is reversed; and 03 (2) the person 04 (A) is not retried or readjudicated for the crime; or 05 (B) after retrial, is acquitted of the crime or after readjudication 06 for the crime is not found to be a delinquent. 07 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).