Legislature(1995 - 1996)
1995-02-21 Senate Journal
Full Journal pdf1995-02-21 Senate Journal Page 0350 SB 13 SENATE BILL NO. 13 "An Act relating to the admissibility of evidence and testimony in criminal and civil proceedings; directing the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings; amending Rules 702(a) and 703 of the Alaska Rules of Evidence to modify the rule relating to the basis or foundation for the admissibility of expert opinion testimony that is based on scientific evidence; and amending Rules 401, 403, and 705 of the Alaska Rules of Evidence" was read the second time. 1995-02-21 Senate Journal Page 0351 SB 13 Senator Miller moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 218. Senator Adams objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 13(JUD) "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings; amending Rules 702(a) and 703 of the Alaska Rules of Evidence to modify the rule relating to the basis or foundation for the admissibility of expert opinion testimony that is based on scientific evidence as it relates to DNA profile evidence; and amending Rule 403 of the Alaska Rules of Evidence" was adopted and read the second time. Senator Leman offered Amendment No. 1 : Page 1, lines 10-13: Delete all material and insert: (1) recent developments in molecular biology and genetics have important applications for forensic science; except for identical twins, the DNA of every person is unique. DNA typing methods can be used to characterize the DNA of an individual; Page 2, lines 1-4: Delete all material and insert: (2) the discriminating power of DNA typing is far superior to non-DNA genetic marker testing methods and DNA typing methods have proven to be a reliable and scientifically accepted tool for the investigation and prosecution of sex offenses and other crimes. Senator Leman moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 13(JUD) am was read the third time. 1995-02-21 Senate Journal Page 0352 SB 13 The question being: "Shall CS FOR SENATE BILL NO. 13(JUD) am "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings; amending Rules 702(a) and 703 of the Alaska Rules of Evidence to modify the rule relating to the basis or foundation for the admissibility of expert opinion testimony that is based on scientific evidence as it relates to DNA profile evidence; and amending Rule 403 of the Alaska Rules of Evidence" pass the Senate?" The roll was taken with the following result: CSSB 13(JUD)am Third Reading - Final Passage YEAS: 15 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Adams, Hoffman, Lincoln Excused: Ellis Absent: Taylor and so, CS FOR SENATE BILL NO. 13(JUD) am passed the Senate. Senator Halford moved and asked unanimous consent that the court rule changes be adopted. Senator Duncan objected. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: 1995-02-21 Senate Journal Page 0353 SB 13 CSSB 13(JUD) am Adopt Court Rule Change(s)? YEAS: 13 NAYS: 5 EXCUSED: 1 ABSENT: 1 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Torgerson Nays: Adams, Duncan, Hoffman, Lincoln, Zharoff Excused: Ellis Absent: Taylor and so, the court rule changes failed. Senator Miller gave notice of reconsideration.