Legislature(2009 - 2010)CAPITOL 120

02/08/2010 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HJR 8 CONST. AM: APPROP. LIMIT/MINERAL REVENUE TELECONFERENCED
Moved Out of Committee
+= HB 298 SEX OFFENSES; OFFENDER REGIS.; SENTENCING TELECONFERENCED
Moved CSHB 298(JUD) Out of Committee
+= HB 316 POST-CONVICTION DNA TESTING; EVIDENCE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 316 - POST-CONVICTION DNA TESTING; EVIDENCE                                                                     
                                                                                                                                
[CHAIR RAMRAS announced that the  next order of business would be                                                               
HOUSE  BILL NO.  316,  "An Act  relating  to post-conviction  DNA                                                               
testing, to the preservation of  certain evidence, and to the DNA                                                               
identification registration  system; relating  to post-conviction                                                               
relief  procedures;  relating  to representation  by  the  public                                                               
defender;   amending  Rule   35.1,  Alaska   Rules  of   Criminal                                                               
Procedure; and providing for an effective date."]                                                                               
                                                                                                                                
1:18:02 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal  Division, Department  of Law  (DOL), on  behalf of  the                                                               
administration,  explained  that  HB  316 does  three  things  to                                                               
address  Alaska's problem  of domestic  violence (DV)  and sexual                                                               
assault.   First, it would create  a system for the  retention of                                                               
evidence in  certain types of  cases, such as homicide  cases and                                                               
sexual assault  cases, and the  retention of that  evidence would                                                               
be  for specific  periods of  time, both  prior to  someone being                                                               
charged with an  offense [and after a person is  convicted].  For                                                               
cold cases, evidence should be  retained for substantially longer                                                               
than it is now, and so  HB 316 would set some retention standards                                                               
for serious cases; currently, law  enforcement agencies can throw                                                               
out evidence  whenever they want  because there are  no standards                                                               
with regard to how long evidence  must be retained.  He mentioned                                                               
a situation  wherein when the  Juneau Police  Department recently                                                               
moved to  a new  building, [the paperwork  for] a  case involving                                                               
the death  of a seven-year-old  in the  1960s was found  behind a                                                               
filing  cabinet, and  although  he believed  that  he could  have                                                               
prosecuted that case, there was  no longer any evidence available                                                               
- it had been discarded.                                                                                                        
                                                                                                                                
MR.  SVOBODNY relayed  that second,  HB 316's  evidence retention                                                               
requirements would  address post-conviction relief  cases wherein                                                               
those  convicted  beyond  a reasonable  doubt,  after  all  their                                                               
appeals have been  exhausted, then seek to come back  to court in                                                               
order  to try  to convince  the court  that there  is some  other                                                               
reason why  their conviction should  be set aside.   The proposed                                                               
changes   affecting   post-conviction   relief   procedures   are                                                               
necessary because  of the advent  of deoxyribonucleic  acid (DNA)                                                               
analyses that assist  the criminal justice system  in making sure                                                               
that the  right person  is convicted;  whether DNA  analyses show                                                               
that the right person was convicted  or that the wrong person was                                                               
convicted  and  therefore the  right  person  still needs  to  be                                                               
sought  out, the  proposed changes  will  affect cases  involving                                                               
homicide, DV, and  sexual assault.  Third, HB 316  would create a                                                               
task force to  address standards for evidence  collection for all                                                               
law enforcement  agencies so as  to keep them  up to date  on new                                                               
technology/analyses.                                                                                                            
                                                                                                                                
1:22:14 PM                                                                                                                    
                                                                                                                                
MR.  SVOBODNY  noted  that  in   the  U.S.  Supreme  Court  case,                                                               
[District Attorney's  Office for  the Third Judicial  District v.                                                             
Osborne], the  media inaccurately stated that  Alaska law doesn't                                                             
address post-conviction DNA  testing; Alaska law does  do so, but                                                               
it's via case  law rather than via statute.   It is generally the                                                               
DOL's  belief  that  it  is  better that  laws  be  made  by  the                                                               
legislature rather than  by the courts, because when  done by the                                                               
courts, it's done on a case-by-case  basis only and so could take                                                               
many  cases  over  the  course  of decades  to  fully  develop  a                                                               
particular area of law, whereas  when the legislature makes laws,                                                               
it  does so  as a  package, dealing  will all  the public  policy                                                               
issues  at  one  time.    In  Osborne,  the  U.S.  Supreme  Court                                                             
determined  that laws  setting the  standards for  how cases  are                                                               
dealt with  after conviction  are better  left to  the individual                                                               
states to  develop, and  HB 316  does just that  for Alaska.   He                                                               
mentioned that HB 316 has received  a lot input from the DOL, law                                                               
enforcement  agencies,  the  Public Defender  Agency  (PDA),  and                                                               
other interested parties.                                                                                                       
                                                                                                                                
MR.  SVOBODNY, in  response  to questions,  said  that the  DOL's                                                               
fiscal  note   is  pretty  accurate   and  reflects   that  post-                                                               
conviction-relief  cases  are occurring  now;  that  in terms  of                                                               
testing  DNA  samples, HB  316  would  be limited  to  situations                                                               
involving  crimes against  people; that  the estimates  of $4,000                                                               
and $2,000 for fiscal year 2011  (FY 11) and FY 12, respectively,                                                               
address costs  associated with  the aforementioned  proposed task                                                               
force; that in  terms of evidence retention, the  bill won't cost                                                               
law  enforcement agencies  any more  than the  existing piecemeal                                                               
approach; that any evidence retention  constitutes somewhat of an                                                               
unfunded  mandate currently  borne by  law enforcement  agencies;                                                               
that the bill outlines timeframes  for the retention of evidence;                                                               
that  the  proposed task  force  would  establish good  evidence-                                                               
gathering standards  for all law  enforcement officers;  and that                                                               
although currently  a member of  the defense bar is  not included                                                               
in the  list of those who  shall sit on the  proposed task force,                                                               
the  establishment  of  standards   for  evidence  storage  won't                                                               
necessarily require input from the defense bar.                                                                                 
                                                                                                                                
[HB 316 was held over.]                                                                                                         
                                                                                                                                

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