Legislature(2015 - 2016)CAPITOL 106
03/31/2015 08:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SCR6 | |
| HB160 | |
| HB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 6 | TELECONFERENCED | |
| *+ | HB 160 | TELECONFERENCED | |
| += | HB 117 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 117-SEXUAL ASSAULT EXAMINATION KITS
9:02:29 AM
VICE CHAIR KELLER announced that the last order of business
would be HOUSE BILL NO. 117, "An Act requiring a report on
untested sexual assault examination kits; and providing for an
effective date."
9:03:04 AM
REPRESENTATIVE STUTES moved to adopt the proposed committee
substitute (CS) for HB 117, Version 29-LS0386\E, Martin,
3/27/15, as the working document. There being no objection,
Version E was before the committee.
9:03:25 AM
The committee took an at-ease from 9:03 a.m. to 9:04 a.m.
9:04:54 AM
REPRESENTATIVE GARRAN TARR, Alaska State Legislature, in
response to Representative Gruenberg, advised that the previous
version was W.
9:06:25 AM
RAY FRIEDLANDER, Staff, Representative Gerran Tarr, Alaska State
Legislature, advised that the changes in Version E include: page
1, line 7, changed date from July 1, 2015 to September 1, 2015;
page 1, line 13, changed date from September to November 1,
2015; page 2, lines 10-16, the definition of "untested sexual
assault kit" was expanded to include the phrase "with evidence"
(line 11) in order to ascertain the audit is specifically for
kits with evidence, as opposed to kits not utilized by local law
enforcement agencies and state departments. In addition to that
change, she said, the sponsor further elaborated on the
definition to include not only kits that have been collected and
not submitted to the lab, but also collected kits that have been
submitted to the lab and not yet processed with DNA or
serological testing. She reiterated this is to ensure that the
audit only includes kits with evidence, and the expansion of the
definition to encompass the crime lab.
9:09:07 AM
VICE CHAIR KELLER requested the history of where the kits
originated as credit is due, and assumed the motivation was that
the kits would be a tool readily available for medical and
enforcement to ensure the rape was properly investigated.
REPRESENTATIVE TARR responded that this idea was brought to her
attention by a national organization working throughout the
country in addressing the backlog of untested rape kits. The
motivation, she offered, is regarding the violent criminals
still on the streets due to untested kits and the DNA results
not entered into a database associating them with rape or
another crime. She expressed surprise that there is not a
uniform protocol for the 150 law enforcement agencies involved
in the process. She described the legislation as an opportunity
to get everyone on the same page, coordinating the work to
ensure a better understanding of what is happening in this
state, and allowing the state to possibly seek additional
resources. She referred to Mr. Orin Dym's testimony during the
previous meeting, who advised that currently there are
approximately 170 untested rape kits at the crime lab and, she
stated, the audit could reveal a process of seeking outside
funds in addressing the backlog. Representative Tarr referred
to Ms. Brown's earlier testimony that it can be difficult for a
victim to participate in the ongoing criminal procedures due to
the length of time taken to process cases, and thereby being re-
victimized on a continual basis by reliving the traumatic event.
9:13:21 AM
VICE CHAIR KELLER stated that the rape kits are different in
every state and are not standardized. Currently, the kits are
available as a voluntary tool and that parts of the kit can be
used [for other incomplete kits] and, he asked whether
Representative Tarr had considered that formalizing the process
may have an unintended consequence. He posed a scenario of
medical staff not using parts of the kit due to the paperwork
imposed.
REPRESENTATIVE TARR advised that there is a standardized process
once a kit is open and medical staff collects evidence. She
related that there is not a standard process as to what happens
next in terms of whether the kit is put on an evidence shelf and
sits there for a long period of time until the case moves
forward, or whether the kit is always sent in for testing. The
audit will identify best practices and provide a more
standardized process and, in the event a piece hindered the
process, she opined that the public safety people are available
to avoid that from happening.
9:15:18 AM
VICE CHAIR KELLER referred to the term "collected" in the bill,
and noted that within the audit process it must be decided
whether or not "collected" means that is it there for evidence,
or whatever. He pointed out that the audit will force things
such as that, and noted the term "collected" is not defined in
the bill and suggested that possibly it should be included,
rather than using it as a lever for reform.
MS. FRIEDLANDER replied, with regard to the term "collected,"
Legislative Legal and Research Service expanded on it with the
phrase "with evidence." She explained it is a kit that has been
collected with evidence.
VICE CHAIR KELLER related that as he read the definition it was
not clear, "with evidence," although, if the definition stopped
there he would understand it. He said that parts 1 and 2
discuss, "that have been collected ... and have been collected
and submitted," and asked whether that language is sufficient.
He offered that possibly it is enough to put it on the record,
and wanted to be sure it was on the table.
9:17:15 AM
REPRESENTATIVE TARR advised that Dean Williams, Department of
Public Safety, is available to address Chair Keller's concerns.
VICE CHAIR KELLER restated his question and asked whether a
definition of "collected," is necessary, or whether to define
the nexus between "what is evidence and what is collected."
9:18:06 AM
ORIN DYM, Forensic Laboratory Manager, Alaska Scientific Crime
Detection Laboratory, Department of Public Safety, answered that
with regard to the term "'collected,' once a sexual assault kit
is used for the collection of evidence, I find the meaning
clear" as they are counting kits once the seals are broken and
evidence is collected.
VICE CHAIR KELLER surmised that once the hospital uses a kit it
is automatically evidence as far as Mr. Dym is concerned.
MR. DYM answered correct, in that once it is collected it
becomes evidence.
VICE CHAIR KELLER asked whether that is a new definition here.
He noted, from the previous hearing, there are cases within
enforcement where a piece may have used out of a kit and the
alleged victim decided not to proceed. Therefore, there is
collected evidence that hasn't been processed properly by the
state and, thereby, perhaps exacerbated the problem the
committee is trying to fix, he suggested.
MR. DYM said whether or not a case is prosecuted doesn't change
the fact that it is still evidence, and whether or not it is a
prosecutable cases has no bearing on the fact that it is still
evidence collected from a crime scene.
9:20:04 AM
VICE CHAIR KELLER restated his question, and asked whether
currently there is evidence that is not being considered
evidence because it was not forwarded. He pointed out that if a
piece of the kit is used, that is evidence as far as Mr. Dym is
concerned, which means the Department of Public Safety must keep
the kit and warehouse it forever. He opined that that is not
how the kits are really being used, but he could be wrong.
MR. DYM said he was trying to understand [the question], and
remarked that if a kit is utilized to collect biological
material, that kit is evidence. In the event a partial kit is
utilized, he explained, that is still evidence. Within the
process of identifying kits that have not been submitted to the
laboratory (kits utilized in the collection of evidence) if a
piece of the kit has been utilized in evidence collection and is
removed from the kit that may be difficult to identify, and he
does not have an answer for that question.
VICE CHAIR KELLER asked Mr. Dean Williams whether his
understanding of evidence is correct.
9:22:03 AM
DEAN WILLIAMS, Special Assistant, Office of the Commissioner,
Department of Public Safety, responded that from the perspective
of the Department of Public Safety (DPS), the language is clear
in terms of what is being counted. He described it as a good
effort because DPS does not know to what extent there may be a
problem but if there is one, even a small one, DPS should be
aware and develop a plan. He remarked that DPS knows what it is
dealing with in terms of untested kits, and if there is evidence
in a kit there may be a good reason why the kit was not tested,
but DPS should perform a hand count and audit. He said DPS is
supportive of the efforts for these reasons.
9:23:13 AM
VICE CHAIR KELLER surmised that Mr. Williams was discussing the
entire bill, and asked whether he was specifically discussing
the new definition in Version E, Section 1, page 2, lines 10-16,
which read [original punctuation provided]:
(d) In this section, "untested sexual examination
kit" means a sexual assault examination kit with
evidence that
(1) has been collected but that has not been
submitted to a laboratory operated or approved by the
Department of Public Safety for either a serological
or DNA test; or
(2) has been collected and submitted to a
laboratory operated or approved by the Department of
Public Safety but that has not had a serological or
DNA test conducted on the evidence.
MR. WILLIAMS answered that he discussed the changes with
Representative Tarr and is comfortable with the definition and
that DPS has a good sense of what it means.
9:24:03 AM
REPRESENTATIVE GRUENBERG referred to Section 1, page 2, lines 7-
9, which read [original punctuation provided]:
(c) The Department of Public Safety shall deliver
a copy of the report prepared under (b) of this
section to the senate secretary and the chief clerk of
the house of representatives and notify the
legislature that the report is available.
REPRESENTATIVE GRUENBERG pointed out that subsection (c) is not
necessary in that a few additional words included in subsection
(b) would suffice and would eliminate verbiage.
9:24:20 AM
REPRESENTATIVE TARR, in response to Chair Keller, stated that
the bill has two additional committee referrals, the House
Judiciary Standing Committee and the House Finance Committee.
VICE CHAIR KELLER noted that he and Representative Gruenberg can
work on the bill within the House Judiciary Standing Committee,
should he choose to move the bill.
REPRESENTATIVE GRUENBERG suggested considering an amendment.
VICE CHAIR KELLER opened public testimony.
9:25:13 AM
JESSICA CLER, Manager, Alaska Public Affairs, Planned Parenthood
Votes Northwest, said she is a lifelong resident of Alaska, and
currently lives in Anchorage. She stated she is testifying in
support of CSHB 117, on behalf of the sexual assault survivors
in Alaska awaiting closure and justice. There are approximately
400,000-500,000 untested sexual assault examination kits within
the United States, which not only means that sexual predators
can evade justice and re-offend, but also leaves thousands of
sexual assault survivors without closure. In a state with
tragically high sexual assault rape numbers it is crucial that
all rape kits are collected, submitted, and tested within a
timely manner. She highlighted that CSHB 117 begins the process
of addressing the backlog because the state needs to know the
number of kits sitting on shelves waiting for analysis. She
pointed out that this bill gives law enforcement and the public
the information necessary to tackle the amount of untested rape
kits in Alaska. The cities and states addressing the issue of
their backlog of untested kits have noted significant gains in
that the analysis has identified perpetrators and they are
making gains in prosecuting these individuals. Alaska needs to
follow their lead, she emphasized.
9:27:45 AM
NANCY PORTO stated that this Easter marks a two-year time period
from the moment she experienced a sexual assault. Although, she
went to a hospital and fully consented to a rape kit
examination, the kit has not been processed and she is waiting
on the biological DNA evidence portion of her exam. She
expressed that the event was traumatic as she was asleep before
it happened, and was intoxicated with a narcotic in her system
that she did not knowingly ingest. She stressed she does not
know exactly what happened other than she woke terrified to the
feeling of being touched. She called the police, and at the
hospital was informed of a drug in her system that she did not
take. On top of that, she explained, the man was and continues
to be her sister's boyfriend and that she was living with them
at the time. She expressed that this event destroyed her
family, she experiences extreme difficulty with her college
education, and she was forced into a position of having more
responsibility than she could handle alone at the time. She
related that she knows many other women who have experienced
assault, and in addition to the assault, she is haunted by the
reasons she has to believe that he may have committed crimes
with others in his past. Please support CSHB 117, because it
can truly be a step in the right direction and give many others
closure, she expressed.
VICE CHAIR KELLER closed public testimony after ascertaining
that no one further wished to testify.
9:30:07 AM
REPRESENTATIVE GRUENBERG moved to report CSHB 117, labeled 29-
LS0386\E, Martin, 3/27/15, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 117(STA) was reported from the House State
Affairs Standing Committee.
VICE CHAIR KELLER returned the gavel to Chair Lynn.
9:30:30 AM
The committee took an at-ease from 9:30 a.m. to 9:33 a.m.
9:33:06 AM
CHAIR LYNN remarked that due to the importance of this bill he
suggested the committee craft a letter to the Legislative Budget
and Audit Committee regarding earlier expressed concerns [that
fall under the purview of the Legislative Budget and Audit
Committee].
REPRESENTATIVE VAZQUEZ stated that she and Representative
Gruenberg [no longer in the room] support the efforts to be made
regarding HB 117, as amended, which is the audit of the crime
lab.
CHAIR LYNN stated he is glad the bill passed out of committee,
but more must be done.