SENATE JUDICIARY COMMITTEE April 14, 2000 3:50 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator John Torgerson Senator Johnny Ellis MEMBERS ABSENT Senator Dave Donley COMMITTEE CALENDAR HOUSE BILL NO. 99 "An Act relating to sexual assault and the definitions of 'sexual contact,' 'sexual penetration,' and 'legal guardian' in AS 11." -MOVED HB 99 OUT OF COMMITTEE CS FOR HOUSE BILL NO. 428(FIN) "An Act relating to interest on child support overpayments that are disbursed to the obligor." -MOVED CSHB 428(FIN) OUT OF COMMITTEE SENATE BILL NO. 207 "An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date." -MOVED SB 207 OUT OF COMMITTEE SENATE BILL NO. 201 "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and to the collection and processing of samples from certain burglary perpetrators for the DNA identification registration system; and providing for an effective date." -HEARD AND HELD CS FOR HOUSE BILL NO. 292(JUD) "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; providing for the use of criminal justice information and records by the Alcoholic Beverage Control Board; making certain conforming amendments; and providing for an effective date." -SCHEDULED BUT NOT HEARD SENATE BILL NO. 199 "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; making certain conforming amendments; and providing for an effective date." -SCHEDULED BUT NOT HEARD PREVIOUS SENATE COMMITTEE ACTION HB 99 - See Judiciary Committee minutes dated 4/12/00. HB 428 - No previous action to report. SB 207 - See HESS minutes dated 3/22/00. See Judiciary Committee minutes dated 4/12/00. SB 201 - See Judiciary Committee minutes dated 4/12/00. WITNESS REGISTER Ms. Wilda Rodman Staff Aid to Representative Therriault State Capitol Building Juneau, Alaska 99801 POSITION STATEMENT: Presented HB 428 Mr. Elmer Lindstrom, Special Assistant Department of Health and Social Services PO Box 110601 Juneau, Alaska 99811-0601 POSITION STATEMENT: Supports SB 207 and SB 201 Mr. Del Smith, Deputy Commissioner Department of Public Safety PO Box 111200 Juneau, Alaska 99811-1200 POSITION STATEMENT: Supports SB 201 Ms. Candace Brower Department of Corrections Parole Board Officer PO Box 112000 Juneau, Alaska 99811-2000 POSITION STATEMENT: Supports SB 201 ACTION NARRATIVE TAPE 00-22, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 3:50 p.m. Present were SENATOR TORGERSON, SENATOR HALFORD, SENATOR ELLIS and CHAIRMAN TAYLOR. The first order of business to come before the committee was HB 99. HB 99-SEXUAL ASSUALT:VICTIM IN STATE CUSTODY CHAIRMAN TAYLOR reminded the committee that testimony was heard April 12 on HB 99. SENATOR TORGERSON moved HB 99 from committee with individual recommendations. There being no objection, the motion carried. HB 428-INTEREST ON CHILD SUPPORT OVERPAYMENTS MS. WILDA RODMAN, staff to Representative Therriault, explained that HB 428 requires the Child Support Enforcement Division to pay interest on the return of overpayments of child support when the overpayment is due to a mistake made by the agency. SENATOR TORGERSON moved HB 428 from committee with individual recommendation. There being no objection, the motion carried. SB 207-MEDICAL SUPPORT ORDERS FOR CHILDREN MR. ELMER LINDSTROM, Special Assistant to the Department of Health and Social Services (DHSS), indicated it is DHSS's desire to establish support orders solely for medical costs without having to establish a cash support order, under current statute DHSS is unable to do this. Many families go on Medicaid and do not need to establish a cash support order. DHSS feels that because the state's interest is protected by a medical support order there is not need for a cash support order unless the family wants one. Number 263 SENATOR TORGERSON asked if this will effect co-pay. MR. LINDSTROM responded not to his knowledge. SENATOR TORGERSON moved SB 207 from committee with individual recommendations. There being no objection, the motion carried. 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. With no further business to come before the committee, CHAIRMAN TAYLOR adjourned the meeting at 4:13 p.m.