SB 33-DNA FROM PERSONS CHARGED WITH FELONIES  10:07:25 AM CHAIR MCGUIRE announced consideration of SB 33. SENATOR BUNDE, Alaska State Legislature, sponsor of SB 33, said he would prefer that DNA samples be taken at the time of arrest of an individual, which is when fingerprints are taken, instead of only when the person is charged. He said he assumes that the Department of Public Safety would also have that preference. Most people who are arrested are charged with something. "I'm asking the committee to review the two options: whether the sample be taken at arrest or at the charging." 10:09:36 AM CHAIR MCGUIRE said Version E requires DNA when arrested, and Version C is when charged. Both are on the table, she said. KAREN FORREST, Deputy Director, Division of Juvenile Justice, Department of Health and Social Services (DHSS), suggested a minor clarification. Existing law makes a distinction between DNA collection for persons and minors, so she suggested adding "or minors" following "the persons". 10:11:38 AM CHAIR MCGUIRE said she sees what she means. For Version C, the change will be on page 1, lines 15, 18 and 19. In version E, the change will be on lines 14, 17, and 18. SENATOR FRENCH asked if two versions of a bill can be before the committee. CHAIR MCGUIRE said Version E was adopted and is technically before the committee as a working document. She then said, "So we had C before us, and it is a bit unorthodox, I don't disagree, but in the interest of time…we will be working from C, but E is a version that is pro-offered by the sponsor just to be considered." 10:14:33 AM DAVID SCHADE, Director, Division of Statewide Services, Department of Public Safety (DPS), said the department supports the bill. DNA is already required for convicted persons. That sample doesn't always get collected or it's delayed, he noted. This bill will give the state another opportunity to make sure that that requirement is completed. 10:15:33 AM SENATOR STEVENS asked which version he supports. MR. SCHADE said DPS prefers collecting the DNA when a person is arrested because there is not a good mechanism for collecting it when a person is charged. SENATOR BUNDE said an arrest is a physical activity with an enforcement officer present. Being charged is a paper transaction, and the arrestee may not even be present. CHAIR MCGUIRE said it is a policy call. An arrest is a point when someone thinks a person might have done something and probable cause is there. The charge is a higher standard, and conviction is higher yet-so it's just a policy call. SENATOR STEVENS asked when the DNA sample is shared in the database. 10:17:58 AM MR. SCHADE said the sample will be analyzed and put in the CODIS database to see if any matches occur. SENATOR STEVENS said it is better to get that information sooner rather than later. SENATOR BUNDE noted that John Dillinger wasn't arrested for murder but for tax evasion. People committing petty crimes are often involved in larger crimes. The opportunity at arrest, while it is a broad net, serves to solve crimes, he said. 10:19:18 AM SENATOR FRENCH said physical arrest is the most efficient time to collect a sample, but he is philosophically more comfortable with a prosecutor reviewing a charge before taking the sample. Most states are going with DNA collection at the time of arrest, he noted. He agreed that a person may not be present when being charged. SENATOR GREEN moved to adopt the committee substitute for SB 33, labeled 25-LS0260\E, Luckhaupt, as the working document. Hearing no objection, Version E was before the committee. SENATOR BUNDE said 34 states are considering expanding or initiating the use of DNA for fighting crime, and 19 are choosing arrest as the point of collection. 10:21:24 AM CHAIR MCGUIRE said she wants a strong letter of intent that those wrongly arrested will have their DNA information retrieved from CODIS. There is a severe penalty for the misuse of the DNA, but she would like to emphasize that intent. SENATOR STEVENS offered to move the bill. CHAIR MCGUIRE asked, "Did we make those changes?" SENATOR FRENCH said they were conceptual and the bill can be cleaned up in the judiciary committee. CHAIR MCGUIRE suggested Amendment 1 on behalf of Senator Bunde, as follows: Page 2, lines 14, 17, and 18, following "persons": Insert "or minor's" Hearing no objections, Amendment 1 carried. SENATOR STEVENS moved the committee substitute to SB 33, labeled 25-LS0260\E, as amended, with attached fiscal notes and individual recommendations. Hearing no objections, CSSB 33(STA) passed from committee.