03/12/2010 09:00 AM Senate FINANCE

SENATE BILL NO. 110                                                                                                           
                                                                                                                                
     "An Act relating to the preservation of evidence."                                                                         
                                                                                                                                
SENATOR  HOLLIS FRENCH,  sponsor,  explained  that the  bill                                                                    
puts   new  provisions   in  the   criminal  code   for  the                                                                    
preservation  of evidence.  It requires  state agencies  and                                                                    
municipal law enforcement agencies  to preserve all evidence                                                                    
in the  most serious cases,  such as unsolved  murder, first                                                                    
degree sexual  assault, and first  degree sexual abuse  of a                                                                    
minor.  The  bill  requires   that  biological  evidence  be                                                                    
retained  as long  as a  person  remains a  prisoner in  the                                                                    
Department of  Corrections or subject  to registration  as a                                                                    
sex  offender.  The  bill provides  that  evidence  that  is                                                                    
impractical due  to its size, or  other characteristics, may                                                                    
be destroyed after the removal  and preservation of portions                                                                    
that  are  likely to  contain  relevant  evidence. The  bill                                                                    
allows for remedies to be  provided for by judges after they                                                                    
have  heard  both sides  and  protects  agencies from  civil                                                                    
immunity due to an unintentional  failure to comply with the                                                                    
provisions.  It allows  for innocent  people to  prove their                                                                    
innocence. Twenty-five  other states have similar  laws. The                                                                    
bill is supported  by the Department of  Law, the Department                                                                    
of Public Safety,  the Association of Chiefs  of Police, the                                                                    
Alaska  Innocents  Project,  the  ACLU, and  by  the  Alaska                                                                    
Network on Domestic Violence and Sexual Assault.                                                                                
                                                                                                                                
1:05:44 PM                                                                                                                    
                                                                                                                                
Senator Huggins MOVED to ADOPT Amendment 1:                                                                                     
                                                                                                                                
     Page 6, line 13, following "December 31,"                                                                                  
     Delete: "2011"                                                                                                             
     Insert: "2012"                                                                                                             
                                                                                                                                
     Page 6, line 24, following "January 1,"                                                                                    
     Delete: "2011"                                                                                                             
     Insert: "2012"                                                                                                             
                                                                                                                                
Co-Chair Stedman  OBJECTED for discussion purposes.  He said                                                                    
that the amendment corrects the dates.                                                                                          
                                                                                                                                
Co-Chair  Stedman WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, it was so ordered.                                                                                           
                                                                                                                                
Co-Chair  Stedman  reviewed  the  three  fiscal  notes:  one                                                                    
fiscal  note is  from the  Department of  Law for  $5,000 to                                                                    
cover travel  costs associated with  the task force,  a zero                                                                    
fiscal  note from  Alaska State  Troopers Division,  and one                                                                    
fiscal note from the Department  of Public Safety, statewide                                                                    
support, for  $134,200 to cover  the cost of a  new position                                                                    
and  storage.  The  committee requested  an  updated  fiscal                                                                    
note,  but  it  was  not  provided.  He  reported  that  the                                                                    
governor also has  a bill that requires  the preservation of                                                                    
evidence  and   the  same  fiscal   note  provided   by  the                                                                    
department  for that  bill  is zero.  To  be consistent  the                                                                    
committee has  drafted a zero  fiscal note to be  adopted in                                                                    
lieu of  the department's note.  There are a total  of three                                                                    
fiscal notes.                                                                                                                   
                                                                                                                                
1:07:24 PM                                                                                                                    
                                                                                                                                
Senator  Ellis   MOVED  to  report  CSSB   110(JUD)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSSB  110 (JUD)  was REPORTED  out of  Committee with  a "do                                                                    
pass" recommendation, and with two  new zero fiscal notes by                                                                    
the Department of  Public Safety and a new  zero fiscal note                                                                    
by the Department of Law.                                                                                                       
                                                                                                                                
1:08:26 PM