2003-04-04                     Senate Journal                      Page 0699
tell the jury the whole story. But if the jury isn't allowed to know what                           
was said immediately after the assault, the jury only gets part of the                              
story. We can change this, and provide more perpetrators with the help                              
they need to stop abusing. Victims of domestic violence are often                                   
unavailable to testify at trial -- often for compelling reasons                                     
concerning their safety and the safety of their children. Under current                             
court rules, if the victim is not present, the statements of the victim are                         
admissible only if the statements qualify under the narrow rule for                                 
"excited utterances."                                                                               
                                                                                                    
This bill would expand that rule in domestic violence cases, so that a                              
jury can learn about all statements made within 24 hours of the crime,                              
if there are other indications of reliability. This hearsay exception                               
would apply to statements that an assault occurred, and also if the                                 
victim recanted and denied that an assault occurred.                                                
                                                                                                    
New Mitigating Factor for Defendants Who Show Concern for                                         
Victims of Sexual Offenses. Victims of sexual offenses, more so than                              
any other crime, dread testifying in open court and often view giving                               
testimony as being victimized again. They must not only testify in                                  
front of a jury of citizens and the defendant who violated them, but it                             
must be done in public and often in cases that gain press attention.                                
This is very traumatic for the victim. Sex offenders who have genuine                               
remorse for their crimes do not want to put the victim through this                                 
crucible. For those sex offenders who quickly plead guilty, thus                                    
sparing their victims the ordeal of public testimony, this bill would                               
provide a statutory "mitigating factor" that the judge may take into                                
consideration in reducing the person's sentence.                                                    
                                                                                                    
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 171                                                                                            
SENATE BILL NO. 171 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled: