02/01/1995 01:35 PM House FIN

  HB 26     An Act revising Rule 15,  Alaska Rules of Criminal                 
            Procedure, relating to  depositions, to adopt  the                 
            comparable federal rule.                                           
                                                                               
            CS HB 26  (JUD) was reported out of Committee with                 
            a "do pass" recommendation and  with a fiscal note                 
            by the Alaska Court System  dated 1/26/95 and zero                 
            fiscal notes  by the  Department of  Public Safety                 
            dated  1/26/95  and the  Department  of Law  dated                 
            1/26/95.                                                           
  HOUSE BILL 26                                                                
                                                                               
       "An  Act  revising Rule  15,  Alaska Rules  of Criminal                 
       Procedure,  relating  to  depositions,  to  adopt   the                 
       comparable federal rule."                                               
                                                                               
  Representative Parnell explained that HB 26 would change the                 
  Alaska Rules of Criminal Procedure  to permit depositions of                 
  victims   and   adverse   witnesses   only  in   exceptional                 
                                                                               
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  circumstances.   Under the  bill, the  defense would  retain                 
  access  to  statements  taken  by   police  and  grand  jury                 
  testimony  of  the  victim  and witnesses,  as  well  as the                 
  ability to face the accuser at the trail.                                    
                                                                               
  He  added,  in practice,  Alaska's  current Rule  15 enables                 
  defense attorneys to  take numerous  depositions of  victims                 
  and  witnesses,  and would  provide  fertile ground  for the                 
  discovery of abuse.  The mishandling of that privilege slows                 
  the  due  process,  unnecessarily burdens  the  courts,  and                 
  serves to harass  victims rather than promoting  the ends of                 
  justice.                                                                     
                                                                               
  MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL  DIVISION,                 
  DEPARTMENT   OF   LAW,   commented   on   the   "exceptional                 
  circumstances" aspect  of  the proposed  legislation.    She                 
  stated that  the proposed legislation would  particularly be                 
  beneficial  in  some parts  of the  State.   She  added, the                 
  importance  of  discovery tools  allows  neither side  to be                 
  surprised  by  the evidence  of the  other  side.   In civil                 
  cases, depositions provide  the needed information from  the                 
  other side.  In criminal cases, specifically in Alaska,  the                 
  prosecution  provides  all of  the  information that  it has                 
  accumulated in an up front case to the defendant.                            
                                                                               
  Representative  Brown referenced  Page  2,  Lines 7-11,  and                 
  asked  how the  language would  be  changed by  the proposed                 
  "discovery rule", Court  Rule #16.  Ms. Knuth responded that                 
  if the legislation was adopted as it is  now and the federal                 
  Rule #16 was  adopted, under  that federal rule,  defendants                 
  would not be given  access to the grand jury  material.  She                 
  clarified that there would  not be cause for concern  if the                 
  federal Rule  #16 was adopted.   The State does not  favor a                 
  "discovery  bill"  that  would  deny  access to  grand  jury                 
  materials to defendants.  In supporting  CS HB 26 (JUD), the                 
  Department of Law assumes that the bill on "discovery" would                 
  allow defendants to obtain access to the grand jury material                 
  in the case against them.                                                    
                                                                               
  Representative Brown questioned the  recorded statement from                 
  the  law enforcement  agency.   Ms.  Knuth  replied, if  the                 
  defendant does have  access to the recorded  statement, then                 
  the  defendant  is not  going to  be  surprised by  what the                 
  victim says at trial.  If the defendant is surprised by what                 
  the victim  says, the  defendant should have  access to  the                 
  recorded material before a presumption  is created, in which                 
  case there should not be a deposition.                                       
                                                                               
  Representative  Brown  asked  if  the   sponsor  shared  the                 
  Department  of  Law's  position.    Representative   Parnell                 
  acknowledged that any evidence that negated the guilt of the                 
  defendant would be "discoverable"  regardless of the source.                 
                                                                               
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  Ms. Knuth responded  to a statement by  Representative Brown                 
  regarding "opting in"  through the deposition.   Although, a                 
  court asking to  allow a deposition  of a victim or  witness                 
  would  then technically have another opportunity but because                 
  the victim  could have  participated in  a reciprocal  case,                 
  could be  given the choice  not too.   Representative  Brown                 
  pointed out  the  other pending  legislation addressing  the                 
  "discovery rule", Rule  16 and requested  holding  CS HB  26                 
  (JUD) for further discussion with that legislation.                          
                                                                               
  Representative  Parnell  emphasized  that   the  legislation                 
  stands  on  own.   Regardless  of  the status  of  the other                 
  discovery legislation, CS HB 26 (JUD) addresses concerns not                 
  listed in that legislation.                                                  
                                                                               
                                                                               
  Representative Mulder MOVED to report CS  HB 26 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was reported out of Committee.                                               
                                                                               
  CS HB  26 (JUD) was  reported out  of Committee  with a  "do                 
  pass" recommendation  and with  fiscal notes  by the  Alaska                 
  Court System dated 1/26/95, the  Department of Public Safety                 
  dated 1/26/95 and the Department of Law dated 1/26/95.