SJUD - 2/8/95                                                                 
                      SB  13 DNA EVIDENCE                                      
                                                                              
 The next item on the agenda was SB 13.  SENATOR TAYLOR announced a            
 committee substitute had been prepared (Work Draft G, 2/2/95,                 
 Chenoweth) which modifies the standard by which the court                     
 determines whether expert testimony is admissible.  The                       
 modification allows the use of cutting edge technology, specific to           
 DNA testing (page 4, lines 26-30).  This specification                        
 significantly narrows the definition.                                         
                                                                               
 Number 386                                                                    
 SENATOR MILLER made a motion to adopt CSSB 13 in lieu of the                  
 original bill.  SENATOR ADAMS objected for the purpose of                     
 discussion.  He asked if the only difference between the original             
 bill and the committee substitute is that the CS limits the                   
 amendment to Rule 702(a) to refer to DNA testing only.  SENATOR               
 TAYLOR replied affirmatively, and explained an earlier work draft,            
 (F) dated 1/31/95, referred to any expert of any kind (lines 18 and           
 29 of page 4).  Work Draft G narrows expert testimony to DNA                  
 evidence.                                                                     
                                                                               
 SENATOR ADAMS asked if Senator Ellis' question regarding Native               
 American profiles had been addressed.  SENATOR ELLIS replied, to              
 his knowledge, the FBI did not find any studies along those lines.            
                                                                               
 Number 418                                                                    
                                                                               
 SENATOR MILLER made a motion to move CSSB 13 (Work Draft G) out of            
 committee with individual recommendations. There being no                     
 objection, the motion carried.