04/14/2000 03:50 PM Senate JUD

                                                                                                                                
               SB 201-DNA TESTING & REGISTRATION                                                                                
                                                                                                                                
DEPUTY COMMISSIONER DEL SMITH, Department of Public Safety (DPS),                                                               
explained that the 1995 DNA law only allowed for the taking of DNA                                                              
samples from convicted offenders for violent crimes.  SB 201                                                                    
expands the offense of violent crimes to include felony burglaries.                                                             
A person convicted of a felony burglary after January 1, 1996 will                                                              
be obligated to provide a DNA sample for the DNA registry.  SB 201                                                              
also changes the law to reflect current technology--medical                                                                     
personnel will no longer be necessary for the collection of blood                                                               
samples, saliva DNA samples will be taken with a swab.                                                                          
                                                                                                                                
Number 448                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR noted that the American Civil Liberties Union                                                                   
(ACLU) has filed a document with the Judiciary Committee.  He noted                                                             
that during the last meeting the ACLU's concerns were addressed and                                                             
testimony was taken on those concerns.                                                                                          
                                                                                                                                
CHAIRMAN TAYLOR noted that DNA sampling has also been used to                                                                   
acquit people.                                                                                                                  
                                                                                                                                
SENATOR TORGERSON said he was not sure he liked what was being done                                                             
in section 1.  He asked if a DNA sample can be collected without a                                                              
court order.                                                                                                                    
                                                                                                                                
DEPUTY COMMISSIONER SMITH replied that when there is a court order                                                              
a DNA sample must be given at the time a person is sentenced.                                                                   
                                                                                                                                
SENATOR TORGERSON asked if this is stated in AS 11.56.760 because                                                               
section 1 does not say this.  Section 1 allows for anyone to                                                                    
collect a DNA sample.                                                                                                           
                                                                                                                                
DEPUTY COMMISSIONER SMITH said section 1 just adds to current law--                                                             
because medical personnel are not always available for the                                                                      
collection of a sample.  DPS believes that allowing a correctional                                                              
officer, probation officer, or police officer to take a swab will                                                               
be more efficient.                                                                                                              
                                                                                                                                
CHAIRMAN TAYLOR explained that the question was whether or not a                                                                
police officer or probation officer or correctional officer can                                                                 
order a person to give a DNA sample.  Chairman Taylor said he reads                                                             
section 1 to say that one of these people can only order a person                                                               
to give a sample if testing is part of the sentence imposed under                                                               
AS 12.55.015 or if the person has been convicted of an offense that                                                             
requires DNA testing.                                                                                                           
                                                                                                                                
DEPUTY COMMISSIONER SMITH responded that a person has to be                                                                     
convicted of those offenses stated in statute.                                                                                  
                                                                                                                                
SENATOR TORGERSON said this must be stated in an earlier part of AS                                                             
11.56.                                                                                                                          
                                                                                                                                
DEPUTY COMMISSIONER SMITH said yes, it was passed in 1995.                                                                      
                                                                                                                                
SENATOR TORGERSON asked why there is a retroactive date for                                                                     
samples.                                                                                                                        
                                                                                                                                
Number 660                                                                                                                      
                                                                                                                                
DEPUTY COMMISSIONER SMITH said it matches the original date of                                                                  
collections--the start of the DNA registry.  A number of people                                                                 
have been convicted of felony burglary since 1995 and DPS would                                                                 
like to collect samples from them.  He said it seemed logical at                                                                
the time but there are a number of people concerned with this                                                                   
aspect of the bill.                                                                                                             
                                                                                                                                
SENATOR TORGERSON asked if a court order will be needed for the                                                                 
collection of samples.                                                                                                          
                                                                                                                                
DEPUTY COMMISSIONER SMITH answered that a person has to commit an                                                               
offense that matches the statutory requirement or whether or not                                                                
DNA testing is part of the sentence--it cannot be done otherwise.                                                               
                                                                                                                                
CHAIRMAN TAYLOR said it will not be part of sentencing, it will be                                                              
based on section 1 and 2 of the bill.                                                                                           
                                                                                                                                
Number 880                                                                                                                      
                                                                                                                                
MS. CANDACE BROWER, Department of Corrections (DOC), urged the                                                                  
committee to pass SB 201.                                                                                                       
                                                                                                                                
MR. ELMER LINDSTROM, Department of Health and Social Services                                                                   
(DHSS), said that DHSS supports passage of SB 201.