HB 398: "An Act relating to domestic violence fatality review teams."
00 HOUSE BILL NO. 398 01 "An Act relating to domestic violence fatality review teams." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.66 is amended by adding a new section to read: 04 Article 4A. Domestic Violence Fatality Review Teams. 05 Sec. 18.66.400. Domestic violence fatality review teams. (a) The 06 commissioner of public safety may establish domestic violence fatality review teams 07 in areas of the state. A municipality may establish a domestic violence fatality review 08 team in a municipality. When the investigation of fatal and near-fatal incidents of 09 domestic violence has been terminated by law enforcement, a domestic violence 10 fatality review team may review those incidents for the purpose of preventing 11 domestic violence-related fatalities, improving the response of law enforcement and 12 other agencies to domestic violence, and providing consultation and coordination for 13 agencies involved in the prevention and investigation of domestic violence. The 14 review may include a review of events leading up to the domestic violence incident, 15 available community resources, current laws and policies, actions taken by agencies
01 and persons related to the incident and persons involved in the incident, and other 02 information the team determines to be relevant to the review. The confidential and 03 other records of a department or agency of the state or a municipality relating to the 04 domestic violence incident may be examined by the domestic violence fatality review 05 team or a member of the team. The domestic violence fatality review team and each 06 member of the team shall preserve the confidentiality of any records examined. 07 (b) The membership of a domestic violence fatality review team shall be 08 determined by the commissioner of public safety or the municipality, as appropriate. 09 Membership may include representatives from 10 (1) law enforcement agencies within the area or municipality; 11 (2) the district attorney for the area or municipality and municipal 12 prosecutor if created by a municipality; 13 (3) the chief medical examiner; 14 (4) the department of corrections; 15 (5) employees of the department of health and social services who deal 16 with domestic violence; 17 (6) local agencies and organizations involved with crime victim and 18 domestic violence protection, reporting, and counseling and assistance; 19 (7) other organizations, departments, and agencies determined to be 20 appropriate. 21 (c) The victims' advocate under AS 24.65 is an ex officio member of each 22 domestic violence fatality review team created under this section and may attend any 23 meeting and review any information available to or considered by a team. 24 (d) Except for a public report issued by a domestic violence fatality review 25 team that does not contain confidential information, records or other information 26 collected by a team or any member of a team related to duties under this section are 27 confidential and not subject to public disclosure under AS 40.25.100 and 40. 25.110. 28 Meetings of a domestic violence fatality review team are closed to the public and are 29 not subject to the provisions of AS 44.62.310 and 44.62.312. 30 (e) The determinations, conclusions, and recommendations of a domestic 31 violence fatality review team or its members are not admissible in a civil or criminal
01 proceeding. A member may not be compelled to disclose a determination, conclusion, 02 recommendation, discussion, or thought process through discovery or testimony in a 03 civil or criminal proceeding. Records and information collected by the team are not 04 subject to discovery or subpoena in connection with a civil or criminal proceeding. 05 (f) Notwithstanding (e) of this section, an employee of a state or a municipal 06 agency may testify in a civil or criminal proceeding concerning cases reviewed by a 07 domestic violence fatality review team even though the agency's records were 08 reviewed by a team and formed the basis of that employee's testimony and the team's 09 report. 10 (g) A person who serves on a domestic violence fatality review team is not 11 liable for damage or other relief in an action brought by the reason of the performance 12 of a duty, function, or activity of the team.