Legislature(2003 - 2004)
04/09/2003 01:45 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HOUSE BILL NO. 49
An Act relating to the DNA identification registration
system; and providing for an effective date.
REPRESENTATIVE TOM ANDERSON noted that HB 49 would expand
the Alaska State database of DNA samples to include all
persons convicted of a crime against a person or any felony
under Alaska's criminal code. It would also require the
collection of DNA samples from those juveniles adjudicated
as a delinquent for the same offense. Additionally, HB 49
makes provisions for volunteer and anonymous donations.
Persons required registering, as sex offenders are also
required to submit DNA into the database. HB 49 would
require that all offenders and minors currently incarcerated
on State supervised parole for felony convictions or certain
sexual misdemeanor offenses provide samples to the
Department of Public Safety.
Representative Anderson stated that expanding the databases
to include all convicted offenders would have multiple
benefits:
· Solves crimes - DNA collection from all convicted
felons, rather than just sex offenders and perpetrators
of serious violent crimes, which would result in an
increase in the amount of violent crimes solved.
Offenders who are required to submit DNA when convicted
of non-violent felonies would be identified as they
leave DNA behind at a rape and/or murder scene.
· Prevents crimes, helps solving a crime, and solving it
quickly, which has a direct effect on preventing
additional crimes by the same perpetrator. An offender
who is not apprehended in a timely manner remains free
to commit more crimes.
· Exonerates the innocent - Increases the DNA database to
those convicted of non-violent offenses, which would
reduce the occurrence of innocent people who are
wrongly suspected, arrested and convicted of crimes
they did not commit. Two common scenarios exemplify
how a larger DNA database protects such innocent
people, one where the guilty party is listed and
secondly, where the innocent party is in the database.
· Increases Cost Efficiencies - According to a study
completed by the National Institute of Justice, rape is
the costliest crime in America, in which victim costs
can total up to $127 billion dollars. The study
estimated that when all factors are considered, the
estimated cost of rape per victim is $87,000. If the
average rapist commits eight rapes, but a DNA databank
stops the offender half way through the spree, then
four rapes are prevented creating a savings of $348,000
dollars.
Representative Anderson identified the numerous agencies
indicating support and letters of endorsement ranging from
the Chief of Police Association to the Alaska Peace Officers
Association. The fiscal note indicates zero because federal
funding is concurrent with the program. President Bush has
indicated that he intends to supplement this cause with over
$1 billion dollars of continuous funding for the program to
make it state and nationwide.
Representative Croft referenced Page 3, Lines 27 & 28, "law
enforcement cases including". He asked if there was any
limitation on the law enforcement. He stated he was
concerned about how broad that language was.
Representative Anderson explained that language was taken
from original law. He assumed that the federal government
and the Federal Bureau of Investigation (FBI) has different
regulations, however, they would be able to utilize the same
information through the coded system.
Representative Croft mentioned the "parameters" of the
language. He questioned the basic protections in the bill
from misuse. Representative Anderson referred that question
to Ms. Carpeneti from the Attorney General's Office,
Department of Law.
Co-Chair Harris referenced the indeterminate fiscal note
from the Department of Administration, Public Defender
Agency. He asked what would happen if that note was zeroed
out.
LINDA WILSON, (TESTIFIED VIA TELECONFERENCE), DEPUTY PUBLIC
DEFENDER AGENCY, ANCHORAGE, commented that their agency
cannot predict what the fiscal impact is going to be. Ms.
Wilson claimed that the legislation would significantly
increase the number of cases for the number of crimes, which
a person may have to submit a sample. There currently are
32 offenses and the legislation would add over 80 more for
which a person must submit a DNA sample. The legislation
would include those on probation or parole on the effective
date. That creates a very broad reach. Ms. Wilson had no
idea how many cases it would include. She reiterated that
the note was indeterminate because there is no way for the
Agency to predict the impact.
Co-Chair Harris inquired if the Public Defender Agency had
received a supplemental request this year. Ms. Wilson
acknowledged that they had.
CHRIS BEHEIM, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
STATE CRIME LAB, ANCHORAGE, testified that the DNA database
has had a positive impact on law enforcement. It has aided
34 different investigations this past year. The State of
Alaska has one of the more successful databases in the
country. He added that the State could do better by
collecting the DNA from all felons and individuals convicted
of sex offenses. Mr. Beheim reiterated that the legislation
could enhance the current system even more.
At this time, there are approximately 140 unsolved homicides
and sexual assault cases and with an expanded database, the
number of unsolved crimes could increase. He concluded that
this is an extremely important tool for law enforcement that
is cost effective.
BRUCE RICHTER, (TESTIFIED VIA TELECONFERENCE), PROGRAM
MANAGER, NATIOANL LAW ENFORCEMENT AND CORRECTIONAL
TECHNOLOGY CENTER, ANCHORAGE, stated that the legislation
would be the single most cost effective tool that the State
could give law enforcement for expanding their reach of the
database. The success of other states could be reflected in
what will happen in Alaska. Mr. Richter trusted that the
down-stream federal funding would come.
Representative Croft inquired about the Alaskan success
stories. Mr. Beheim listed various sexual assault
situations that have occurred throughout the State and how
the DNA technology helped solve those crimes. He elaborated
that this indicates the power of DNA to both exonerate and
bring people to justice.
JENNIFER ESTERAL, (TESTIFIED VIA TELECONFERENCE), AMERICAN
CIVIL LIBERTIES UNION (ACLU), ANCHORAGE, voiced opposition
to the proposed bill. She noted that ACLU urges an end to
the progressive expansion of the collection of the DNA. She
stressed that this is not only fingerprinting and that DNA
provides the government control over personal and private
information. Ms. Esteral stressed that the laws are
becoming progressively more inclusive. DNA is now being
collected before the crime has happened.
Ms. Esteral pointed out that the ACLU supports the use of
DNA database for positive medical, scientific, and forensic
purposes; however, she stressed that there is tremendous
potential for abuse and that HB 49 does not create any
safeguards.
Representative Joule asked if there had been cases of misuse
from the DNA collection base. Mr. Beheim responded that
there has never been a case where the DNA database sample
was misused. He added that there are many safeguards
involved. It can be used only for identification and law
enforcement identification purposes.
Mr. Richter added that once that the crime lab has made
confirmation of identification, that information serves as
the application base for a search warrant. He emphasized
that there are checks and balances built into the current
system.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW, voiced the
Department's support for the bill and offered to answer
questions of the Committee.
Representative Croft questioned if there should be any
constraints placed on law enforcement use of the DNA. Ms.
Carpeneti explained the language referenced currently is in
existing law. She pointed out that the word "including" was
added because law enforcement attempted to identify missing
body parts from victims. That language has been effective
since the DNA concern was enacted. She interjected that
there have been no problems to date and that the bill does
contain protections.
Representative Whitaker commented on the possible
elimination of federal funding and that the Legislature
should recognize the potential costs associated with the
bill. He voiced his support.
Representative Foster MOVED to report CS HB 49 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes.
There being NO OBJECTION, it was so ordered.
CS HB 49 (JUD) was reported out of Committee with a "do
pass" recommendation and with zero fiscal note #1 by the
Department of Public Safety, zero fiscal note #2 by the
Department of Law, and fiscal note #3 by the Department of
Administration.
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