00                     CS FOR HOUSE BILL NO. 398(JUD) am                                                                  
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 incidents of domestic violence                           
09       and incidents of domestic violence involving serious physical injury has been                                     
10       completed or adjudicated by law enforcement or at an earlier appropriate time, a                                  
11       domestic violence fatality review team may review those incidents for the purpose of                              
12       preventing domestic violence-related fatalities, improving the response of law                                    
13       enforcement and other agencies to domestic violence, and providing consultation and                               
14       coordination for agencies involved in the prevention and investigation of domestic                                
15       violence.  The review may include a review of events leading up to the domestic                                   

01       violence incident, available community resources, current laws and policies, actions                              
02       taken by agencies and persons related to the incident and persons involved in the                                 
03       incident, and other information the team determines to be relevant to the review.  The                            
04       confidential and other records of a department or agency of the state or a municipality                           
05       relating to the domestic violence incident may be examined by the domestic violence                               
06       fatality review team or a member of the team.  The domestic violence fatality review                              
07       team and each member of the team shall preserve the confidentiality of any records                                
08       examined.  In this subsection, "serious physical injury" has the meaning given in                                 
09       AS 11.81.900.                                                                                                     
10            (b)  The membership of a domestic violence fatality review team shall be                                     
11       determined by the commissioner of public safety or the municipality, as appropriate.                              
12       Membership may include representatives from                                                                       
13                 (1)  law enforcement agencies within the area or municipality;                                          
14                 (2)  the district attorney for the area or municipality and municipal                                   
15       prosecutor if created by a municipality;                                                                          
16                 (3)  the office of the chief medical examiner;                                                          
17                 (4)  the department of corrections;                                                                     
18                 (5)  employees of the Department of Health and Social Services who                                      
19       deal with domestic violence;                                                                                      
20                 (6)  local agencies and organizations involved with crime victim and                                    
21       domestic violence protection, reporting, and counseling and assistance;                                           
22                 (7)  other organizations, departments, and agencies determined to be                                    
23       appropriate.                                                                                                      
24            (c)  The victims' advocate under AS 24.65 is an ex officio member of each                                    
25       domestic violence fatality review team created under this section and may attend any                              
26       meeting and review any information available to or considered by a team.                                          
27            (d)  Except for a public report issued by a domestic violence fatality review                                
28       team that does not contain confidential information, records or other information                                 
29       collected by a team or any member of a team related to duties under this section are                              
30       confidential and not subject to public disclosure under AS 40.25.100 and 40. 25.110.                              
31       Meetings of a domestic violence fatality review team are closed to the public and are                             

01       not subject to the provisions of AS 44.62.310 and 44.62.312.                                                      
02            (e)  The determinations, conclusions, and recommendations of a domestic                                      
03       violence fatality review team or its members are not admissible in a civil or criminal                            
04       proceeding. A member may not be compelled to disclose a determination, conclusion,                                
05       recommendation, discussion, or thought process through discovery or testimony in a                                
06       civil or criminal proceeding. Records and information collected by the team are not                               
07       subject to discovery or subpoena in connection with a civil or criminal proceeding.                               
08            (f)  Notwithstanding (e) of this section, an employee of a state or a municipal                              
09       agency may testify in a civil or criminal proceeding concerning cases reviewed by a                               
10       domestic violence fatality review team even though the agency's records were                                      
11       reviewed by a team and formed the basis of that employee's testimony and the team's                               
12       report.                                                                                                           
13            (g)  A person who serves on a domestic violence fatality review team is not                                  
14       liable for damages or other relief in an action brought by the reason of the                                      
15       performance of a duty, function, or activity of the team.                                                         
16            (h)  The office of victims' rights shall annually publish a report that                                      
17       summarizes the activities of teams established under this section.  The report must                               
18       include conclusions, recommendations, and general trends and shall be distributed to                              
19       the governor, the legislature, and the Alaska Judicial Council.