HB 290: "An Act relating to obtaining DNA samples from persons charged with certain crimes."
00 HOUSE BILL NO. 290 01 "An Act relating to obtaining DNA samples from persons charged with certain crimes." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 44.41.035(b) is amended to read: 04 (b) The Department of Public Safety shall collect for inclusion into the DNA 05 registration system a blood sample, oral sample, or both, from (1) a person convicted 06 in this state of a crime against a person or a felony under AS 11 or AS 28.35 or a law 07 or ordinance with elements similar to a crime against a person or a felony under AS 11 08 or AS 28.35, (2) a minor 16 years of age or older, adjudicated as a delinquent in this 09 state for an act that would be a crime against a person or a felony under AS 11 or 10 AS 28.35 if committed by an adult or for an act that would violate a law or ordinance 11 with elements similar to a crime against a person or a felony under AS 11 or AS 28.35 12 if committed by an adult, (3) a voluntary donor, (4) an anonymous DNA donor for use 13 in forensic validation, forensic protocol development, quality control, or population or 14 statistical data bases, (5) a person required to register as a sex offender or child 15 kidnapper under AS 12.63, and (6) a person charged with [ARRESTED FOR] a
01 crime against a person or a felony under AS 11 or AS 28.35, or a law or ordinance 02 with elements similar to a crime against a person or a felony under AS 11 or AS 28.35 03 for which a court has found that there is probable cause to believe that the 04 person committed the offense. The department also may collect for inclusion into the 05 DNA registration system a blood sample, oral sample, or tissue sample from crime 06 scene evidence or from unidentified human remains. The DNA identification 07 registration system consists of the blood, oral, or tissue samples drawn under this 08 section, any DNA or other blood grouping tests done on those samples, and the 09 identification data related to the samples or tests. Blood samples, oral samples, and 10 tissue samples not subject to testing under this section, and test or identification data 11 related to those samples, may not be entered into, or made a part of, the DNA 12 identification registration system. 13 * Sec. 2. AS 44.41.035(i) is amended to read: 14 (i) The Department of Public Safety shall, upon receipt of a court order, 15 destroy the material in the system relating to a person. The court shall issue the order 16 if the person's or minor's DNA was included in the system under 17 (1) (b)(1) or (2) of this section and the court determines that 18 (A) the conviction or adjudication that subjected the person to 19 having a sample taken under this section is reversed; and 20 (B) the person 21 (i) is not retried, readjudicated, or convicted or 22 adjudicated for another crime that requires having a sample taken under 23 this section; or 24 (ii) after retrial, is acquitted of the crime or after 25 readjudication for the crime is not found to be a delinquent, and is not 26 convicted or adjudicated for another crime that requires a sample under 27 this section; 28 (2) (b)(6) of this section and the court determines that 29 (A) the person charged [ARRESTED] was acquitted of the 30 crime and was not convicted or adjudicated for another crime that 31 requires a sample under this section [RELEASED WITHOUT BEING
01 CHARGED]; or 02 (B) the criminal complaint, indictment, presentment, or 03 information for the offense with [FOR] which the person was charged and for 04 which probable cause was found [ARRESTED] was dismissed, and a 05 criminal complaint, indictment, presentment, or information for an offense 06 requiring submission of a DNA sample is not refiled.