SB 33: "An Act relating to DNA samples from persons charged with felonies."
00 SENATE BILL NO. 33 01 "An Act relating to DNA samples from persons charged with felonies." 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, [AND] (5) a person required to register as a sex offender or child 15 kidnapper under AS 12.63, and (6) a person charged in a criminal complaint,
01 indictment, presentment, or information with a felony under AS 11. The 02 department also may collect for inclusion into the DNA registration system a blood 03 sample, oral sample, or tissue sample from crime scene evidence or from unidentified 04 human remains. The DNA identification registration system consists of the blood, 05 oral, or tissue samples drawn under this section, any DNA or other blood grouping 06 tests done on those samples, and the identification data related to the samples or tests. 07 Blood samples, oral samples, and tissue samples not subject to testing under this 08 section, and test or identification data related to those samples, may not be entered 09 into, or made a part of, the DNA identification registration system. 10 * Sec. 2. AS 44.41.035(i) is amended to read: 11 (i) The Department of Public Safety shall, upon receipt of a court order, 12 destroy the material in the system relating to a person. The court shall issue the order 13 if the person's DNA was included in the system under 14 (1) (b)(1) or (2) of this section and the court [IT] determines that 15 (A) [(1)] the conviction or adjudication that subjected the 16 person to having a sample taken under this section is reversed; and 17 (B) [(2)] the person 18 (i) [(A)] is not retried or readjudicated for the crime; or 19 (ii) [(B)] after retrial, is acquitted of the crime or, after 20 readjudication for the crime, is not found to be a delinquent; or 21 (2) (b)(6) of this section and the court determines that the criminal 22 complaint, indictment, presentment, or information has been dismissed. 23 * Sec. 3. AS 44.41.035(l) is amended to read: 24 (l) The Department of Public Safety may not include in the DNA registration 25 system a blood sample, oral sample, or tissue sample of the victim of a crime, unless 26 that person would otherwise be included under (b)(1) - (6) [(b)(1) - (5)] of this section.