HB 49: "An Act relating to the DNA identification registration system; and providing for an effective date."
00 HOUSE BILL NO. 49 01 "An Act relating to the DNA identification registration system; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.56.760(a) is amended to read: 05 (a) A person commits the crime of violating an order to submit to DNA testing 06 if, when requested by a health care professional acting on behalf of the state to provide 07 a blood sample, oral sample, or both, or when requested by a juvenile or adult 08 correctional, probation, or parole officer or a peace officer to provide an oral sample, 09 the person refuses to provide the sample or samples and the person has been 10 (1) ordered to submit to DNA testing as part of a sentence imposed 11 under AS 12.55.015; or 12 (2) convicted of an offense or adjudicated a delinquent for an act 13 that requires DNA testing under the provisions of AS 44.41.035 or other law. 14 * Sec. 2. AS 44.41.035(b) is amended to read:
01 (b) The Department of Public Safety shall collect for inclusion into the DNA 02 registration system a blood sample, oral sample, or both, from (1) a person convicted 03 of a misdemeanor offense under AS 11.41.410 - 11.41.458 or a felony, and 04 [CRIME AGAINST A PERSON,] (2) a [PERSON CONVICTED OF BURGLARY 05 OR A FELONY ATTEMPT TO COMMIT BURGLARY, AND (3) A] minor 16 years 06 of age or older, adjudicated as a delinquent for an act that would be a misdemeanor 07 offense under AS 11.41.410 - 11.41.458 or a felony [CRIME AGAINST A 08 PERSON, A BURGLARY, OR A FELONY ATTEMPT TO COMMIT 09 BURGLARY], if committed by an adult. The DNA identification registration system 10 consists of the blood or oral samples drawn under this section, any DNA or other 11 blood grouping tests done on those samples, and the identification data related to the 12 samples or tests. Blood samples and oral samples from persons not subject to testing 13 under this section, and test or identification data related to those samples, may not be 14 entered into, or made a part of, the DNA identification registration system. 15 * Sec. 3. AS 44.41.035(j)(1) is repealed. 16 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 SAMPLES FROM PERSONS CURRENTLY INCARCERATED AND MINORS 19 CURRENTLY COMMITTED. Notwithstanding AS 44.41.035(b), the Department of Public 20 Safety shall collect for inclusion into the DNA registration system a blood sample, oral 21 sample, or both, from (1) each person convicted of a misdemeanor offense under 22 AS 11.41.410 - 11.41.458 or a felony before the effective date of this Act who is incarcerated 23 for that conviction on the effective date of this Act and on the day the sample is collected, and 24 (2) a minor 16 years of age or older adjudicated as a delinquent before the effective date of 25 this Act for an act that would be a misdemeanor offense under AS 11.41.410 - 11.41.455 or a 26 felony, who was committed to the custody of the Department of Health and Family Services 27 for that act, and who remains committed to the custody of the Department of Health and 28 Family Services on the effective date of this Act and on the date the sample is collected. The 29 DNA identification registration system consists of the blood or oral samples drawn under this 30 section, any DNA or other blood grouping tests done on those samples, and the identification 31 data related to the samples or tests.
01 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).