Legislature(2007 - 2008)BELTZ 211
01/30/2008 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB7 | |
| SB247 | |
| SB226 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 247 | TELECONFERENCED | |
| *+ | SB 226 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 7 | ||
SB 247-MISSING PERSONS
1:42:33 PM
VICE-CHAIR HUGGINS announced the consideration of SB 247.
DARWIN PETERSON, Staff to the Senate Finance Committee,
explained that Senator Green, sponsor of SB 247, asked him to
introduce the bill. He was a member of her staff when the bill
was drafted. The language comes from model legislation that was
drafted by the U.S. Department of Justice in response to
President Bush's DNA initiative. Law enforcement agencies,
medical examiners, forensic scientists, victims' advocates and
policy makers joined forces to look at ways to fully utilize DNA
technology to solve crimes and identify missing persons. They
recommend that states adopt some version of the model
legislation.
1:43:37 PM
MR. PETERSON said that Senator Green was made aware of the need
for this legislation by a constituent whose daughter went
missing for 19 months. That mother's advocacy on behalf of all
missing persons is why Senator Green decided to introduce the
bill.
MR. PETERSON emphasized that Senator Green believes that Alaska
law enforcement is doing a good job with the resources it has.
But the Department of Public Safety (DPS) admits that there is
no consistent protocol for the content, timing, and method of
submission of missing person reports amongst law enforcement
agencies. The sponsor believes that increasing cooperation among
agencies will improve the ability to locate and safely return
missing persons.
MR. PETERSON explained that SB 247 will: prohibit disposal of
unidentified human remains before DNA samples are archived;
prohibit law enforcement agencies from refusing to accept a
missing person report; provide a detailed list of specific
information that law enforcement is to gather and record about a
missing person; allow law enforcement to obtain and forward for
analysis a DNA sample from the family of a missing person who
has been missing for more than 30 days.
VICE-CHAIR HUGGINS asked where that provision is in the bill.
MR. PETERSON directed attention to page 4. He paraphrased lines
6-11 and said that DNA would not be used for any purpose other
than to help locate the missing person.
VICE-CHAIR HUGGINS asked if collecting the DNA sample is at the
discretion of the family member and not mandatory.
1:47:31 PM
MR. PETERSON replied he would need to check with legislative
legal because he doesn't see where is says that. It might be a
worthwhile amendment, he added.
SENATOR WIELECHOWSKI asked how "family member" is defined.
MR. PETERSON said he would check with the drafter. If it isn't
defined, the sponsor will propose definition language.
1:48:25 PM
MR. PETERSON said that SB 247 requires all missing person
reports to be entered into the National Crime Information Center
Missing Person File, Unidentified Person File, and the state
crime information system. If a missing person is deemed high
risk, the bill provides a mechanism for law enforcement to take
immediate action. Improving the process is a worthwhile effort.
1:49:19 PM
SENATOR WIELECHOWSKI observed that page 2 contains a
comprehensive list of information that a law enforcement agency
is mandated to gather when it accepts a report of a missing
person. He questioned how far reaching this mandate will be and
what kind of onus it will place on law enforcement agencies.
MR. PETERSON acknowledged that DPS has expressed concern about
that. And law enforcement has said that it gathers most of this
information already. "If we're going too far and violating
peoples' rights to privacy then that definitely should be taken
into consideration," he said.
1:51:16 PM
KATHRYN MONFREDA, Chief, Criminal Records and Identification
Bureau, Division of Statewide Services, Department of Public
Safety, confirmed that most of the information that SB 247 calls
for is already captured by state or National Crime Information
Center (NCIC) requirements. She isn't sure what would happen if,
for some reason, the information isn't available.
VICE-CHAIR HUGGINS asked if she is concerned about the extensive
list of requirements.
MS. MONFREDA said not particularly, but someone from the Alaska
State Troopers might be better able to speak to that.
SENATOR McGUIRE referred to page 2, line 27, and opined that
asking for the name and location of a missing person's dentist
and primary care physician that is probably a HIPPA violation.
She said she'd work on language to accommodate law enforcement
making a reasonable effort to obtain the information without
violating privacy laws.
1:54:39 PM
VICE-CHAIR HUGGINS referred to the list on page 2 and said his
assumption is that the people who work these cases have a more
extensive list than this.
MS. MONFREDA said that's probably true. She imagines that the
person who reports that a loved-one is missing usually wants to
provide as much information as possible.
1:55:16 PM
SENATOR THERRIAULT questioned whether there would be a HIPPA
violation if he, for example, reports that his mother is missing
and he tells the name of her doctor.
SENATOR McGUIRE replied that wouldn't be a violation, but the
confirmation and release of the actual medical records would be
a violation. A physician isn't able to confirm or deny without
the patient's express consent.
1:56:47 PM
SENATOR WIELECHOWSKI expressed some concern about privacy and
asked if the data is kept confidential.
MR. PETERSON deferred the question to Ms. Monfreda. Lieutenant
Dial could answer many of these questions, he added.
1:57:40 PM
SENATOR THERRIAULT referred to page 2, line 16, and questioned
why credit card numbers are required because that isn't part of
the model act.
MR. PETERSON said the drafter took poetic license. If the
committee disagrees, the sponsor wouldn't object to removing
reference to credit card numbers.
SENATOR THERRIAULT said he appreciates that law enforcement
tracks people with credit card numbers. He pointed it out
because it's beyond the model, but if the bill moves outside the
model, it is a consideration.
SENATOR THERRIAULT referred to page 1, lines 9-10, and asked
what happens if his cousin, for example, has gone missing and
there's reason to believe that he's outside the local trooper
detachment in Fairbanks. Could the troopers in Fairbanks refuse
to take the report if there's reason to believe he's in
Anchorage?
1:59:47 PM
MR. PETERSON said his understanding is that the Fairbanks law
enforcement agency would be required to accept the report. If
there's reason to believe that the missing person is outside the
jurisdiction, the report would be entered into the state crime
system. If you have a compelling reason to believe that your
cousin was in Anchorage, the Anchorage police department would
accept the report from you, he said.
SENATOR THERRIAULT asked if the missing person has to be an
Alaska citizen.
MR. PETERSON replied he understands that is not a requirement.
SENATOR THERRIAULT noted that page 3, line 16, talks about the
date of last contact and he asked if more details might be
helpful.
SENATOR WIELECHOWSKI asked how many missing person reports the
police receive. He'd like their perspective on whether this will
create an undue burden.
MR. PETERSON said 1,500 reports are taken each year.
SENATOR WIELECHOWSKI asked how many reports are refused and if
there's a policy to wait 24 hours before taking a report.
MR. PETERSON replied there isn't a policy per se. He deferred to
Lieutenant Dial to provide specifics.
2:03:20 PM
SENATOR THERRIAULT referred to page 4, line 9, and asked how the
DNA sample would be handled and ultimately disposed.
MR. PETERSON offered to work with staff to develop language
related to disposing of the DNA once the missing person is
located. That should be included, he added.
SENATOR THERRIAULT noted that one of the determinations for
identifying a high risk missing person is that they have been
missing for more than 30 days. That seems like a long time, he
said.
MR. PETERSON said that is just one of the factors, but if the
committee believes that should be changed, the sponsor will
entertain the idea.
2:05:44 PM
SENATOR THERRIAULT referred to page 6, line 13, that encourages
law enforcement to establish written protocols. He asked,
"Wouldn't we require them to actually take that step?"
MR. PETERSON agreed the language could be changed to say "shall
establish written protocols." DPS acknowledges that it doesn't
have written protocols that are this specific, he said.
2:07:08 PM
SENATOR WIELECHOWSKI referred to page 6, lines 6-7, and
commented that this puts the state potentially at risk of
lawsuit if the notice isn't done and something happens to the
missing person.
SENATOR THERRIAULT referred to page 6 and asked Lieutenant Dial
if he thinks there would be a problem if law enforcement
agencies were required rather than encouraged to establish
written protocols.
RODNEY DIAL, Lieutenant, Alaska State Troopers (AST), Department
of Public Safety (DPS), stated general support for SB 247.
However, he said, some of the requirements are problematic. He
expressed a preference for the phrase "may do" versus "shall do"
and said there are also some liability concerns. Most of the
time the 25 requirements are done anyway. This can be a good
template and still give discretion to the individual agency and
officer, he said.
2:09:21 PM
VICE-CHAIR HUGGINS agreed to consider the point.
SENATOR WIELECHOWSKI asked if the information is kept
confidential and destroyed after a case is solved or after a
period of time.
LIEUTENANT DIAL explained that information is entered into a
report and within 48 hours it's sent to the DPS missing person
clearinghouse. The information in the report is retained until
the person or their remains are found.
VICE-CHAIR HUGGINS asked if he is referring to page 4, lines 22-
26.
LIEUTENANT DIAL clarified he is referring to the current DPS
policy. With regard to the requirement in the bill to collect
DNA samples and medical records, that information is destroyed
when an investigation is complete.
2:10:58 PM
SENATOR WIELECHOWSKI asked if a large number of people have
access to that information.
LIEUTENANT DIAL said no. Generally it's kept confidential, but
can be made available to other law enforcement agencies.
MR. PETERSON asked him to respond to Senator Wielechowski's
question about number of cases and how many are solved or
outstanding.
LIEUTENANT DIAL informed the committee that 1,200-1,500 cases
are filed with the DPS missing person clearinghouse each year
and most are found within 48 hours. Currently about 1,000 cases
are open.
SENATOR WIELECHOWSKI asked if there is a waiting period before a
missing person report can be accepted.
LIEUTENANT DIAL said no.
2:12:54 PM
MR. PETERSON told the committee that the language in the
applicability section on page 6 isn't consistent with the model
legislation. SB 247 will apply only to missing person reports
filed after the effective date of the Act.
2:14:06 PM
LIEUTENANT DIAL stated support for the goal of the legislation
and expressed hope that AST could provide input.
VICE-CHAIR HUGGINS announced he would hold SB 247 in committee.
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