SB 99-DNA REGISTRATION OF BURGLARS  SENATOR RICK HALFORD, sponsor of SB 99, said SB 99 adds burglary to the list of crimes from which DNA samples are taken for later comparison to samples in the DNA databank. In states where samples are taken, DNA evidence has proven to be very effective. SENATOR DONLEY said he supports SB 99, but he is concerned that some juvenile criminals have to commit four or five crimes before they are ever adjudicated as a delinquent. He wondered about the people working in juvenile justice as far as their reluctance to adjudicate any one as a delinquent. Number 259 MS. Laurie Hugonin, Alaska Network on Domestic Violence and Sexual Assault (ANDVSA), said ANDVSA supports SB 99. She said it is important that this group of criminals be captured because often times burglars are associated with sexual assaults. SB 99 is another step to providing evidence for crime solving. MR. DEL SMITH, Deputy Commissioner, Department of Public Safety (DPS), said DPS supports SB 99. Mr. Smith said SB 99 addresses part of a DNA bill from last year that failed to make it through the system. Burglary did not survive that legislation but the use of an oral swab did. Virginia and Florida do include burglary for DNA testing, and the statistics show that people move from burglary to more violent crimes. Some segments of law enforcement want to collect DNA samples from all individuals that are convicted, New York collects DNA for every arrest, but there are concerns because of the discrimination ability of DNA. MR. SMITH said DPS believes the expansion of burglary to the database makes sense, and Alaska's crime lab has received federal funding to send convicted offender samples to the system. Number 572 SENATOR ELLIS asked for the definition of "felony attempt to commit burglary." MR. SMITH said this means a person has taken substantial steps toward committing a crime, such as trying to force the entry into a residence, but the police arrived in time to stop the completion of the crime. SENATOR ELLIS asked about the limitations, safeguards, restrictions for improper use, and disposal of a sample. MR. SMITH said the original statute specifically indicated the sample could only be used for identification and registration. The samples that are collected and maintained are not useful in tests to discern a disease. The statute specifically states the sample can only be used for the purposes of comparison and for criminal prosecution. Doing anything else with the sample would be subject for prosecution. The sample is stored within the crime lab, a secure facility, and has a bar code for identification so if it were to get out of the lab no one would know the identify of the offender. SENATOR ELLIS asked if DPS would advocate for legislation to expand the use of DNA sampling. MR SMITH said he, personally, would not advocate beyond burglary. Number 929 SENATOR THERRIAULT asked if the cotton swabs are discarded after the test results have been run. MS. LEANNE STRICKLAND said she works at the state crime lab as supervisor and technical leader of the DNA section. She said when an oral swab or known blood sample have been processed and a DNA profile is obtained, that sample is stored at the laboratory in a secured refrigerated area. Number 1188 SENATOR DONLEY asked if there is data showing how many times a juvenile offends before being put into a delinquency proceeding concerning burglaries, violence, first degree arson, or crimes against a person. MR. ROBERT BUTTCANE, Division of Juvenile Justice, Department of Health and Social Services (DHSS), commented he would be able to query the DHSS database for this information. SENATOR DONLEY moved SB 99 with accompanying fiscal note from committee with individual recommendations. SENATOR Ellis objected. The role was taken with Senator Donley, Senator Therriault, and Chairman Taylor voting yea. Senator Ellis voted nay, and SB 99 moved from committee.