Legislature(2009 - 2010)SENATE FINANCE 532
04/13/2009 09:00 AM Senate FINANCE
Audio | Topic |
---|---|
Start | |
SB10 | |
SB110 | |
SB133 | |
SB171 | |
SB177 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 10 | TELECONFERENCED | |
= | SB 110 | ||
+= | SB 133 | TELECONFERENCED | |
+ | SB 171 | TELECONFERENCED | |
+ | SB 177 | TELECONFERENCED | |
+ | TELECONFERENCED |
SENATE BILL NO. 110 "An Act relating to the preservation of evidence." 9:29:13 AM SENATOR HOLLIS FRENCH, The American system of justice is founded on balancing the twin protections of the rights of those harmed by crimes, and the rights of the accused. Criminal convictions are guided by evidence of innocence or guilt, and no one in the criminal justice system wants innocent people to be convicted of crimes they did not commit. The availability and use of physical evidence at trials and during appeals is a critical piece of a meaningful justice system. Modern DNA technology, coupled with today's comprehensive information and communications technologies, has exponentially increased the power of preserved evidence. Preserved evidence can solve cold cases and prove or disprove claims of innocence in ways unimaginable just a few years ago. The problem is, however, that evidence collection and preservation policies have not always kept pace with these new technologies. Senate Bill 110 begins to address this issue by requiring that biological evidence in murder and sexual assault cases is properly retained while cases are unsolved and during the period after conviction that an offender is imprisoned or required to register as a sex offender. The bill still provides for police departments to return or dispose of evidence too large to keep after portions of the material likely to contain biological evidence have been removed and preserved. The bill provides for a notice process in cases where evidence will be destroyed, and it establishes a temporary task force to look at other issues involved in this emerging field of technology and make recommendations on standards and practices in cataloging and handling evidence. Senator French shared a story about a boy in Denver Colorado convicted of murder at age 15 that spent 10 years incarcerated. Following the boy's release the deoxyribonucleic acid (DNA) evidence, retrieved and preserved from the crime scene revealed that he was in fact innocent. He informed that cases such as the one mentioned led him to sponsor the bill. He continued that this bill requires police officers to retain evidence in two categories, physical and DNA. Once a person is convicted of a crime and incarcerated, the small bits of biological evidence remain preserved in a crime laboratory. The bulky material is retained until the time of the trial. The bill only applies to the most serious of crimes. The idea is to retain evidence and ensure that incarcerated citizens are indeed guilty. Chair Stedman asked for a sectional analysis. Senator French complied. He referred to Section 1, which creates a new provision in the criminal code for the preservation of evidence requiring state agencies and municipal law enforcement agencies to preserve all evidence that relates to unsolved cases of murder in the first degree, sexual assault, and first degree sexual assault of a minor. The section further requires that biological evidence in these crimes be retained while a person is incarcerated in the custody of the Department of Corrections (DOC). 9:33:30 AM Senator French continued that if a piece of evidence is physically large, the portions likely to contain relevant evidence remain preserved. A notice procedure found on Page 2, Subsection D of the bill outlines the proper destruction of evidence. The Section further provides the method for court ordered remedies if evidence is destroyed in violation of the Section. 9:34:48 AM Senator French continued with the Sectional analysis. Section 2, Page 4 and Section 3, Page 4 refer to the codas sections that the Department of Law (DOL) requested. The codas give DOL the ability to remove DNA data taken from a suspect found innocent. This allows prosecution of a person whose DNA is retained on the data base in the event of a subsequent crime. He provided an example. 9:35:21 AM Senator French explained that the DOL has the ability to remove DNA data taken from a suspect who is later found innocent. The state is allowed to prosecute if the evidence is still on the database when a person is arrested for a subsequent crime. He continued that Section 5 establishes a task force for the preservation of evidence. 9:37:10 AM Senator French expressed that the legislation will prove effective throughout all areas of the state. He mentioned a letter from Angela Long, chief of the police association opposing the bill. He stated that since changes were made in the judiciary committee, Ms. Long has withdrawn her opposition. He informed of the close contact between DOL and the Department of Public Safety. He opined that the collaboration provides a good piece of legislation. 9:38:45 AM Co-Chair Stedman asked about the current process of DNA storage. Senator French answered that the DNA evidence is retained until a person is released from prison and removed from the registry. He mentioned that the state complies with the established legislation. He shared a story about a murder case during his time as district attorney. The police departments recognize the importance of retaining evidence and essentially perform already that which this bill mandates. 9:40:43 AM SUE STANCLIFF, SPECIAL ASSISTANT, DEPARTMENT OF PUBLIC SAFETY, testified about data storage and use of DNA samples. ORIN DYM, FORENSIC LAB SUPERVISOR, CRIME LAB SUPERVISOR, DEPARTMENT OF PUBLIC SAFETY (testified via teleconference). He spoke in reference to the question about DNA sampling and the current status of retaining samples of biological evidence indefinitely. He informed that this bill has an impact on the crime laboratory in the retention of biological evidence and the number of samples identified. He recognized that in order for an agency to dispose of evidence, they must sample it prior to disposal. Depending on the case, clothing and bedding might not be analyzed. With this legislation, all items are identified for biological importance in the crime laboratory. The change induces a dramatic increase in the number of samples retained and evidence submitted. He mentioned the additional funds required for storage space and an employee responsible for sample collection and additional workload associated with the bill. 9:43:54 AM Co-Chair Stedman requested information regarding the attached fiscal note. He asked about integration of the crime laboratory. Mr. Dym responded that additional storage space is necessary regardless of when the new crime laboratory is constructed. He explained the need for additional personnel to aid in sampling the evidence prior to disposal. He opined that the provided fiscal note offers the best estimate with the best vision of the future. Co-Chair Hoffman asked for justification of the travel request. Mr. Dym explained the travel request was for agency training regarding proper storage of evidence. The requirements for an accredited laboratory include the proper storage and handling of evidence. He stressed the importance of sharing the knowledge with the state's user base, which requires travel. 9:46:22 AM Co-Chair Stedman asked if a task force was necessary to the process of the legislation. Mr. Dym explained that he was not responsible for the requisition of a task force. Senator French stated the necessity of the task force because the obligation is new for both the crime labs and police departments across the state. He suggested a careful, considerate, and collaborative process for a beneficial beginning. Co-Chair Stedman asked if the task force was suggested at the request of the department or through the creation of the bill. Senator French answered that the creation of a task force existed in the initial language of the bill. Senator Olson asked about private laboratories that might store and process the samples without the cost of a new facility. Senator French answered that state prosecution evidence must be housed in a state facility. He suggested that expanding the existing crime laboratory without building a new $100 million facility may suffice. 9:48:27 AM Senator Olson asked about the American Civil Liberties Union's (ACLU) standpoint regarding the proposed legislation. Senator French stated that the Department of Law (DOL) was in support of the bill because this process offers the ability to prove guilt versus innocence. Co-Chair Stedman asked if the department supports the bill. Ms. Stancliff answered that yes the Departments of Law and Public Safety support the bill. Senator French clarified that ACLU also supports the bill. 9:50:01 AM Senator Huggins asked about the detractors of the bill. Senator French responded that resistance, rather than outright detraction existed from agencies commanded to retain evidence. He stated that concerns of police chiefs across the state were since alleviated. Senator Huggins asked about prisoners and the bill. He asked if prisoner's DNA was obtained. Senator French stated that the bill does not address prisoners. He understood that previous legislation addressed DNA obtained from prisoners. Senator Huggins asked about Page 3, Line 21 and the term "unintentional." He asked why not substitute the term "intentional." Senator French understood the concern initially. He explained the meaning of the word "unintentional", as "only intentional destruction of evidence can result in civil liability." Anything short of intentional destruction of evidence can result in civil liability. 9:52:26 AM Senator Thomas asked why the DNA retained in the record is retained while the paper record is destroyed. Senator French explained that Senator Thomas is referring to the data base. He explained that a swab is obtained from a prisoner and analyzed in the laboratory which then takes the sequence of DNA genes for entry into a database where the information sits as a method of generating evidence. The data is then purged if the person is found innocent. He stated that the DNA is retained because it is personal and valuable information. 9:54:16 AM ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW, explained that the adoption of the obligations for the state police required much work. She stated that the bill does not change the reasons for the DNA collection. She explained that the legislature adopted a provision that allowed police to obtain samples from those persons arrested for a felony. The legislature also adopted a procedure for people arrested for a felony not resulting in the collection of DNA. The legislature neglected to provide removal from the DNA database people who were arrested for a felony, charged with it and acquitted after trial. This bill adopts that procedure. The Federal Bureau of Investigation has recommended the adoption of the procedure for people acquitted of a crime for removal their DNA from the database. Co-Chair Stedman asked if the criminal division is in support of the bill. Ms. Carpeneti answered yes. 9:56:28 AM BILL OBERLY, ALASKA INNOCENCE PROJECT (testified via teleconference), spoke in support of the legislation. He stated that the support of strong evidence management helps to solve cases. Regarding the task force, the data and information gathered by the task force will allow for necessary changes and improvements. JOHN LUCKING, POLICE CHIEF SOLDOTNA (testified via teleconference), in support of SB 110. He spoke of an opposition letter, now null because Senator French and staff have worked with the Department of Public Safety to overcome initial concerns regarding liability of personnel and the maintenance of bulky evidence. He voiced support for the task force as an important component of the bill. 9:59:20 AM Senator French concluded that he appreciated support for the legislation. SB 110 was HEARD and HELD in Committee for further consideration.
Document Name | Date/Time | Subjects |
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Articles.pdf |
SFIN 4/13/2009 9:00:00 AM SFIN 3/12/2010 9:00:00 AM |
SB 110 |
Amendment_Explanation_CSSB 133(HSS).doc |
SFIN 4/13/2009 9:00:00 AM |
SB 133 |
SB 171 Supt email Palmer.pdf |
HFIN 2/12/2010 1:30:00 PM SFIN 4/13/2009 9:00:00 AM |
SB 171 |
CSSB 171 Memo on changes 04072009.pdf |
HFIN 2/12/2010 1:30:00 PM SFIN 4/13/2009 9:00:00 AM |
SB 171 |
SB 171 Supt email Kajikawa.pdf |
HFIN 2/12/2010 1:30:00 PM SFIN 4/13/2009 9:00:00 AM |
SB 171 |
SB 171 Support Article JNU Empire.pdf |
HFIN 2/12/2010 1:30:00 PM SFIN 4/13/2009 9:00:00 AM |
SB 171 |
CSSB 171 Memo on changes 04092009.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 171 |
CSSB171(STA)-DOR-PFD-04-09-09.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 171 |
CSSB 171 CS Draft for Senate Finance.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 171 |
CSSB 133(HSS) - Amendment - 26-LS0489-P.2.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 133 |
SB 133 - Revised Fiscal Note - 4-10-09.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 133 |
CS SB 177 Version E.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 177 |
SB 171 Supt email Smith.pdf |
HFIN 2/12/2010 1:30:00 PM SFIN 4/13/2009 9:00:00 AM |
SB 171 |
SB 171 Supt Ltr Mason.pdf |
HFIN 2/12/2010 1:30:00 PM SFIN 4/13/2009 9:00:00 AM |
SB 171 |
SB 171 Supt Ltr Neher.pdf |
HFIN 2/12/2010 1:30:00 PM SFIN 4/13/2009 9:00:00 AM |
SB 171 |
SB 177 Sponsor Statement.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 177 |
SB 177 Supt Ltr KRSA.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 177 |
SB 177 Supt Ltr PCBA.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 177 |
SB 177 Supt Ltr SEAGO.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 177 |
SB110 Sectional Analysis.pdf |
SFIN 4/13/2009 9:00:00 AM SFIN 3/12/2010 9:00:00 AM |
SB 110 |
SB110 Sponsor Statement.pdf |
SFIN 4/13/2009 9:00:00 AM SFIN 3/12/2010 9:00:00 AM |
SB 110 |
SB177 Support Resolution.pdf |
SFIN 4/13/2009 9:00:00 AM |
SB 177 |