Legislature(2001 - 2002)
02/27/2002 01:45 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 321
An Act relating to the purpose for crime victims'
compensation; prohibiting the payment of compensation
to a person responsible for the maintenance of the
victim if that person knew or should have known of the
crime and did not assist the victim or report the crime
to the police; and limiting the factors that may be
considered in making a crime victims' compensation
award in cases of sexual assault, sexual abuse of a
minor, or a crime involving domestic violence.
REPRESENTATIVE GRETCHEN GUESS stated that when the State
established the Victims' Compensation Board over 20 years
ago, it ensured the victim's role in a crime would be
considered. The unintended consequence of that language was
child abuse and sexual assault victims could be denied
funding if the board found them to have contributed to the
circumstances of the crime. A victim of sexual assault
could be denied because they were drinking the night of
their sexual assault.
Representative Guess continued, implying that a victim of
sexual assault somehow deserved or played a role in being
victimized, is in opposition to what most communities
believe and that a victim of child abuse or sexual assault
has not done anything to bring the crime on him or herself.
Toward fixing the unintended consequence, the language of
the bill accomplishes the following:
· Ensures compensation is not denied based on
consideration of provocation, the use of alcohol
or drugs, or the prior social history of the
victim;
· Retains the current language for compensation
criteria for all other crimes.
Representative Guess commented that the victim's
compensation board is funded 60% by State government and 40%
by federal government. The funds from the State come from
garnishing felon's permanent fund dividend checks. Given
the nature of the funding mechanism, the fiscal note from
the Department of Public Safety is zero.
Vice-Chair Bunde asked if the language had been added to
address an incapacitated state of consciousness.
Representative Guess advised that the board had not yet
decided about using that reasoning.
Representative Whitaker asked if in the past, had the board
considered the condition of the victim when determining
compensation.
Representative Guess advised that there was an honest
disagreement between the community and the board regarding
that question. There were some cases where the community
felt that the board did do that given the confidential
nature of the community process. She acknowledged that she
did not know the specifics.
Representative Lancaster questioned if there was a situation
currently happening.
Representative Guess explained that the Victims'
Compensation Board has admitted that is now common practice.
Representative Davies interjected that some people in the
community do not share that view with the board. The
legislation is an attempt to clarify that this is the
policy.
Representative Hudson thought that the bill could be a
companion piece to another bill that was before the
Committee. He pointed out that HB 321 deals only with the
victim.
Representative Guess agreed.
Representative Whitaker inquired if the board had taken a
position on the legislation.
Representative Guess noted that there had been testimony
before the House Judiciary Committee by a member of the
board in support of the bill. She added that the Victims'
Compensation Board does fall into the preview of the
Department of Public Safety. She noted that the person from
the board was speaking for the Department and the
Administration.
Representative Whitaker requested to hear any.
Representative Guess did not know of an opposing point of
view.
Vice-Chair Bunde asked if there would need to be a criminal
trial in order to qualify for compensation.
Representative Guess replied that there needs to be multiple
criteria including cooperating with police, reporting in a
certain number of days, etc. It would not necessarily have
to be a criminal trial. Consent remains in the bill so that
it can be considered in whether or not someone is a victim
of sexual abuse of a minor.
Vice-Chair Bunde did not want to see assault being excused,
however, he also did not want to take any action that would
reduce one's personal responsibility for their own behavior.
KAREN BITZER, [TESTIFIED VIA TELECONFERNCE], EXECUTIVE
DIRECTOR, STANDING TOGETHER AGAINST RAPE (STAR), ANCHORAGE,
testified in support of the proposed legislation. She noted
that STAR works to improve services for victims and to allow
them to have access to tools for recovery. One of the goals
of victim's compensation is to help make whole the victims
for the loss as a result of the crime.
Ms. Bitzer noted that the bill would put the responsibility
of the crime on the offender. It allows for the victims to
access services and intervention for available funds.
Representative Foster MOVED to report CS SS HB 321 (JUD) out
of Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS SS HB 321 (JUD) was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note #2 by the
Department of Public Safety.
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