Enrolled HB 49: Relating to the deoxyribonucleic acid (DNA) identification registration system and testing; and providing for an effective date.
00Enrolled HB 49 01 Relating to the deoxyribonucleic acid (DNA) identification registration system and testing; 02 and providing for an effective date. 03 _______________ 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 FINDINGS. The legislature finds that 07 (1) the deoxyribonucleic acid (DNA) identification registration system is an 08 important tool in the investigation of crime, both in excluding innocent persons and in 09 detecting repeat offenders; 10 (2) the inclusion of DNA samples from all persons who are convicted of a 11 crime against another person or of any felony under AS 11 or AS 28.35 will greatly assist law 12 enforcement agencies in solving crimes and detecting repeat offenders; 13 (3) cooperation between the state and other criminal justice agencies improves 14 the detection of repeat offenders, the exoneration of innocent persons, the location of missing
01 persons, and the identification of unknown human remains; and 02 (4) the federal government is paying the costs of the DNA identification 03 registration system. 04 * Sec. 2. 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) has been ordered to submit to DNA testing as part of a sentence 11 imposed under AS 12.55.015; [OR] 12 (2) has been convicted of an offense that requires DNA testing under 13 the provisions of AS 44.41.035; or 14 (3) is required to register as a sex offender or child kidnapper 15 under AS 12.63. 16 * Sec. 3. AS 11.56.760(c) is amended to read: 17 (c) Violating an order to submit to DNA testing is a class C felony [A 18 MISDEMEANOR]. 19 * Sec. 4. AS 11.56 is amended by adding a new section to read: 20 Sec. 11.56.762. Unlawful use of DNA samples. (a) A person commits the 21 crime of unlawful use of DNA samples if the person knowingly, without authorization 22 under AS 44.41.035, possesses or allows another person access to (1) a blood, oral, or 23 tissue sample collected for inclusion in the deoxyribonucleic identification registration 24 system under AS 44.41.035, or (2) identification data or records derived from those 25 samples. 26 (b) Unlawful use of DNA samples is a class C felony. 27 * Sec. 5. AS 44.41.035(b) is amended to read: 28 (b) The Department of Public Safety shall collect for inclusion into the DNA 29 registration system a blood sample, oral sample, or both, from (1) a person convicted 30 of a crime against a person [, (2) A PERSON CONVICTED OF BURGLARY] or a 31 felony under AS 11 or AS 28.35, (2) [ATTEMPT TO COMMIT BURGLARY, AND
01 (3)] a minor 16 years of age or older, adjudicated as a delinquent for an act that would 02 be a crime against a person [, A BURGLARY,] or a felony under AS 11 or AS 28.35 03 [ATTEMPT TO COMMIT BURGLARY], if committed by an adult, (3) a voluntary 04 donor, (4) an anonymous DNA donor for use in forensic validation, forensic 05 protocol development, quality control, or population or statistical data bases, and 06 (5) a person required to register as a sex offender or child kidnapper under 07 AS 12.63. The department also may collect for inclusion into the DNA 08 registration system a blood sample, oral sample, or tissue sample from crime 09 scene evidence or from unidentified human remains. The DNA identification 10 registration system consists of the blood, [OR] oral, or tissue samples drawn under 11 this section, any DNA or other blood grouping tests done on those samples, and the 12 identification data related to the samples or tests. Blood samples, [AND] oral 13 samples, and tissue samples [FROM PERSONS] not subject to testing under this 14 section, and test or identification data related to those samples, may not be entered 15 into, or made a part of, the DNA identification registration system. 16 * Sec. 6. AS 44.41.035(c) is amended to read: 17 (c) The Department of Public Safety may [PROVIDE] 18 (1) analyze DNA for [ANALYSIS SERVICES TO] law enforcement 19 agencies [THROUGHOUT THE STATE]; and 20 (2) assist [ASSISTANCE TO] law enforcement officials and 21 prosecutors in the preparation and use [UTILIZATION] of DNA evidence for 22 presentation in court. 23 * Sec. 7. AS 44.41.035(f) is amended to read: 24 (f) The DNA identification registration system is confidential, is not a public 25 record under AS 40.25.110 - 40.25.140, and may be used only for 26 (1) providing DNA or other blood grouping tests for identification 27 analysis; 28 (2) [LAW ENFORCEMENT PURPOSES INCLUDING] criminal 29 investigations, [AND] prosecutions, and identification of human remains; 30 (3) statistical blind analysis; [OR] 31 (4) improving the operation of the system; or
01 (5) exoneration of the innocent. 02 * Sec. 8. AS 44.41.035(j)(1) is amended to read: 03 (1) "crime against a person" means an [A FELONY] offense, or an [A 04 FELONY] attempt or solicitation to commit an offense, under AS 11.41 [, OTHER 05 THAN AS 11.41.320, OR UNDER AS 11.46.400]; 06 * Sec. 9. AS 44.41.035(j) is amended by adding a new paragraph to read: 07 (3) "convicted" means that an adult, or a juvenile charged as an adult 08 under AS 47.12 or a similar procedure in another jurisdiction, has entered a plea of 09 guilty, guilty but mentally ill, or nolo contendere, or has been found guilty, or guilty 10 but mentally ill, by a court or jury, regardless of whether the judgment was set aside 11 under AS 12.55.085 or a similar procedure in another jurisdiction or was the subject of 12 a pardon or other executive clemency; a person is not "convicted" if the judgment 13 against the person was reversed or vacated by a court. 14 * Sec. 10. AS 44.41.035 is amended by adding a new subsection to read: 15 (k) The Department of Public Safety may adopt regulations to carry out the 16 purposes of this section. 17 * Sec. 11. AS 44.41.035 is amended by adding new subsections to read: 18 (l) The provisions of this section apply to a person from another state that this 19 state has accepted under any interstate corrections or probation agreement or compact, 20 regardless of whether the person is confined or released, if the person was convicted of 21 an offense that is similar to an offense described in (b) of this section. 22 (m) The Department of Public Safety may not include in the DNA registration 23 system a blood sample, oral sample, or tissue sample of the victim of a crime, unless 24 that person would otherwise be included under (b)(1) - (5) of this section. 25 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. The changes made by this Act apply to 28 (1) all convictions or adjudications of delinquency included under 29 AS 44.41.035(b), as amended by sec. 5 of this Act, that 30 (A) occur on or after the effective date of sec. 5 of this Act; 31 (B) occurred before the effective date of sec. 5 of this Act if the person
01 is incarcerated or is under supervised probation or parole for the offense on or after the 02 effective date of sec. 5 of the Act; and 03 (2) all persons required to register as a sex offender or child kidnapper under 04 AS 12.63 before, on, or after the effective date of sec. 5 of this Act. 05 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION: REGULATIONS. The Department of Public Safety may proceed to 08 adopt regulations necessary to carry out the changes made by secs. 5 - 9 and 11 of this Act. 09 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 10 effective date of the statutory changes. 11 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 INSTRUCTION TO COMMISSIONER OF PUBLIC SAFETY. The commissioner of 14 public safety shall notify the president of the senate and the speaker of the house of 15 representatives if, at any time after the effective date of sec. 1 of this Act, the federal 16 government fails to pay the costs of the DNA identification registration system. 17 * Sec. 15. Sections 10 and 13 of this Act take effect immediately under AS 01.10.070(c). 18 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect July 1, 2003.