02/28/2001 01:45 PM Senate JUD

                                                                                                                                
                SB 99-DNA REGISTRATION OF BURGLARS                                                                          
                                                                                                                                
                                                                                                                                
SENATOR RICK HALFORD, sponsor  of SB 99, said SB 99 adds burglary to                                                            
the  list of  crimes from  which  DNA samples  are  taken for  later                                                            
comparison to samples in  the DNA databank.  In states where samples                                                            
are taken, DNA evidence has proven to be very effective.                                                                        
                                                                                                                                
SENATOR  DONLEY said he  supports SB  99, but  he is concerned  that                                                            
some juvenile  criminals have to commit  four or five crimes  before                                                            
they are ever  adjudicated as a delinquent.   He wondered  about the                                                            
people working  in juvenile  justice as far  as their reluctance  to                                                            
adjudicate any one as a delinquent.                                                                                             
                                                                                                                                
Number 259                                                                                                                      
                                                                                                                                
MS. Laurie Hugonin,  Alaska Network on Domestic Violence  and Sexual                                                            
Assault  (ANDVSA),  said ANDVSA  supports  SB 99.   She  said it  is                                                            
important  that this group  of criminals  be captured because  often                                                            
times  burglars  are associated  with  sexual assaults.    SB 99  is                                                            
another step to providing evidence for crime solving.                                                                           
                                                                                                                                
MR. DEL  SMITH, Deputy  Commissioner,  Department  of Public  Safety                                                            
(DPS), said  DPS supports  SB 99.   Mr. Smith  said SB 99  addresses                                                            
part of  a DNA bill from  last year that  failed to make it  through                                                            
the system.  Burglary  did not survive that legislation  but the use                                                            
of an oral swab  did.  Virginia and Florida do include  burglary for                                                            
DNA testing, and the statistics  show that people move from burglary                                                            
to more violent  crimes.  Some segments  of law enforcement  want to                                                            
collect DNA  samples from  all individuals  that are convicted,  New                                                            
York collects  DNA for every arrest, but there are  concerns because                                                            
of the discrimination ability of DNA.                                                                                           
                                                                                                                                
MR.  SMITH  said DPS  believes  the  expansion  of burglary  to  the                                                            
database makes  sense, and Alaska's  crime lab has received  federal                                                            
funding to send convicted offender samples to the system.                                                                       
                                                                                                                                
Number 572                                                                                                                      
                                                                                                                                
SENATOR ELLIS asked for  the definition of "felony attempt to commit                                                            
burglary."                                                                                                                      
                                                                                                                                
MR. SMITH  said  this means  a person  has taken  substantial  steps                                                            
toward committing a crime,  such as trying to force the entry into a                                                            
residence, but the police  arrived in time to stop the completion of                                                            
the crime.                                                                                                                      
                                                                                                                                
SENATOR ELLIS asked about  the limitations, safeguards, restrictions                                                            
for improper use, and disposal of a sample.                                                                                     
                                                                                                                                
MR.  SMITH said  the original  statute  specifically  indicated  the                                                            
sample could only be used  for identification and registration.  The                                                            
samples that  are collected and maintained  are not useful  in tests                                                            
to discern  a disease.  The statute  specifically states  the sample                                                            
can only  be used for the  purposes of comparison  and for  criminal                                                            
prosecution.   Doing anything else with the sample  would be subject                                                            
for prosecution.    The sample  is stored  within the  crime lab,  a                                                            
secure  facility, and  has a bar  code for identification  so  if it                                                            
were to  get out of the  lab no one would  know the identify  of the                                                            
offender.                                                                                                                       
                                                                                                                                
SENATOR ELLIS asked if  DPS would advocate for legislation to expand                                                            
the use of DNA sampling.                                                                                                        
                                                                                                                                
MR SMITH said  he, personally, would  not advocate beyond  burglary.                                                            
                                                                                                                                
Number 929                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  asked  if the cotton  swabs are discarded  after                                                            
the test results have been run.                                                                                                 
                                                                                                                                
MS. LEANNE  STRICKLAND  said she  works at  the state  crime lab  as                                                            
supervisor and  technical leader of the DNA section.   She said when                                                            
an oral  swab or known blood  sample have  been processed and  a DNA                                                            
profile is  obtained, that sample  is stored at the laboratory  in a                                                            
secured refrigerated area.                                                                                                      
                                                                                                                                
Number 1188                                                                                                                     
                                                                                                                                
SENATOR  DONLEY asked  if there  is data  showing how  many times  a                                                            
juvenile  offends before  being put  into a  delinquency  proceeding                                                            
concerning  burglaries,  violence,  first  degree arson,  or  crimes                                                            
against a person.                                                                                                               
                                                                                                                                
MR. ROBERT  BUTTCANE, Division  of Juvenile  Justice, Department  of                                                            
Health and  Social Services  (DHSS), commented  he would be  able to                                                            
query the DHSS database for this information.                                                                                   
                                                                                                                                
SENATOR  DONLEY  moved SB  99  with accompanying  fiscal  note  from                                                            
committee with individual recommendations.                                                                                      
                                                                                                                                
SENATOR Ellis  objected.   The role was taken  with Senator  Donley,                                                            
Senator Therriault,  and Chairman Taylor voting yea.   Senator Ellis                                                            
voted nay, and SB 99 moved from committee.