Legislature(2011 - 2012)CAPITOL 120
02/22/2012 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB221 | |
| HB293 | |
| HB262 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 221 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 293 | TELECONFERENCED | |
| += | HB 262 | TELECONFERENCED | |
HB 293 - RIGHTS OF CRIME VICTIMS/CONTINUANCES
1:56:21 PM
CHAIR GATTO announced that the next order of business would be
HOUSE BILL NO. 293, "An Act relating to the rights of crime
victims; relating to the duties of prosecuting attorneys; and
amending Rule 45, Alaska Rules of Criminal Procedure." [Before
the committee was the proposed committee substitute (CS) for
HB 293, Version 27-LS1238\M, Gardner, 2/13/12, which had been
adopted as the work draft on 2/15/12.]
1:57:06 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, sponsor,
explained that under Version M, Section 1 of HB 293 would alter
existing AS 12.61.010(a)(2) - which pertains to the right of
crime victims to be notified of court proceedings involving the
perpetrator - such that it would then in part read, "the right
to be notified by the appropriate law enforcement agency or the
prosecuting attorney of any request for a continuance that may
substantially delay the prosecution". Section 2 would add a new
paragraph (5) to AS 12.61.015(a) - which pertains to the duties
of a prosecuting attorney - stipulating that he/she shall inform
the victim of a pending motion that may substantially delay
prosecution and inform the court of the victim's position on the
motion, with proposed paragraph (5)'s subparagraphs (A)-(C)
defining what would constitute a substantial delay for
misdemeanors, felonies, and appeals, respectively. Section 3 -
providing for a direct court rule amendment to Rule 45(d)(2) of
the Alaska Rules of Criminal Procedure - now specifies that the
court, when granting a continuance, shall have also considered
the interests of the victim if they are known. Section 4 -
proposing to add a new subsection (h) to Rule 45 of the Alaska
Rules of Criminal Procedure - now also specifies that the court,
before ruling on a motion for continuance, shall consider the
victim's position if known. The inclusion of the words, ",if
known," in Sections 3 and 4 is intended to address instances in
which the victim cannot be contacted or doesn't wish to
participate.
REPRESENTATIVE TUCK noted that in 1994, Section 24 was added to
Article I of the Alaska State Constitution, thereby establishing
the rights of crime victims, with one of those rights being that
of the right to be treated with dignity, respect, and fairness
during all phases of the criminal and juvenile justice process,
and another of those rights being that of the right to timely
disposition of the case following the arrest of the accused.
House Bill 293 would codify those two constitutional rights in
statute, thereby providing a means by which to uphold them.
Repeated delays in the disposition of a case can prevent a crime
victim from reaching emotional, physical, and financial closure;
can impact the availability of witnesses, and their ability to
recall important details of the crime; and can create other
impediments to a successful trial. Passage of HB 293 would
ensure that victims are notified of any request for a
continuance that might substantially delay prosecution; would
provide victims with an opportunity to voice their positions on
such motions; and would ensure that judges consider those
positions and how the victims could be affected before ruling on
such motions.
REPRESENTATIVE TUCK, in conclusion, proffered that HB 293
addresses the constitutional right of victims to be treated with
dignity, respect, and fairness during all phases of the criminal
and juvenile justice process, while also ensuring the timely
disposition of their cases.
CHAIR GATTO noted that members' packets contain a letter from
Karen Foster, whose daughter - Bonnie Craig - was murdered [in
1994]. He then disclosed that he is acquainted with Ms. Foster
and her husband, and that he has told Ms. Foster that her
comments while advocating for victims' rights made good sense.
REPRESENTATIVE TUCK mentioned that Victims for Justice (VFJ),
the Office of Victims' Rights (OVR), Standing Together Against
Rape (STAR), and the Alaska Network on Domestic Violence &
Sexual Assault (ANDVSA) have expressed support for HB 221.
2:06:46 PM
KAREN FOSTER said she doesn't want any other Alaskan family to
suffer as her family did after the murder of her daughter,
characterizing what they had to endure, while the State of
Alaska delayed convicting the perpetrator for five years, as a
hell beyond comprehension. She then recounted details of how
the case proceeded, and opined that as victims, her family's
constitutional rights - to be treated with dignity, respect, and
fairness during all phases of the criminal justice process, and
to timely disposition of the case - were violated again and
again during that five years. Many victims suffer unbearable
pain, just as her family did, when those rights are tossed
aside. She offered her belief that each delay in prosecution
weakens and threatens a case, and that delays are used to
tactical advantage by defense attorneys to accommodate
themselves, rarely to accommodate those they defend, and allow
ineffectual defense attorneys to waste time. Refusing to uphold
the victim's right to timely disposition of the case is a
refusal to address inefficiencies in the justice system, thereby
allowing that system to re-victimize victims. Please support HB
293, she asked of the committee, in order to honor Alaska's
victims' constitutional right to timely disposition of their
case - show them the respect they deserve and stop the re-
victimization.
2:17:03 PM
SUSAN SULLIVAN, Executive Director, Victims for Justice (VFJ),
said the VFJ supports HB 293, which, she opined, would improve
the standards regarding notification to crime victims about
requests for continuances, and would reinforce the
constitutional rights of crime victims. By requiring the court
to consider, at a minimum, the victim's position, HB 293 creates
a mechanism by which those constitutional rights can more-
consistently be realized. She noted that her organization sees
continuances being granted time and time again for reasons that
seem insufficient and sometimes disingenuous, without there
being any consideration given to the challenges then faced by
the victims. In some cases, so many continuances were granted
that it delayed trial for over a decade. Such delays unjustly
work to the advantage of defendants because when witnesses die
or leave the state or can no longer be found, when memories
fade, when evidence is lost, or when prosecutors change as a
result, it can become difficult, if not impossible, to win a
conviction, and thus cases end up being "plead out." Such
delays unjustly work to the serious disadvantage of victims, who
only want to see justice done, and to society.
MS. SULLIVAN said victims have been known to travel hundreds,
and even thousands, of miles, incur great expense, and be
greatly inconvenienced, only to have the proceeding delayed
without advance notice and with no consideration given to how
that delay impacts them; again, sometimes this occurs multiple
times in a single case. For many victims, the end of the trial
marks the beginning of an important part of the recovery
process, and unnecessary continuances painfully delay that
process. The VFJ understands that courts, appropriately, want
to extend the benefit of the doubt to defendants - who, after
all, are the ones whose liberty is at stake - but feel that the
courts are often failing to consider the constitutional rights
of the victims. House Bill 293 would put victims "in the
picture," and, very importantly, would support judges who give
consideration to the victims when deciding whether to grant
continuances. Paraphrasing some of the rights established in
Article I, Section 24, of the Alaska State Constitution, she
opined that HB 293 would improve the possibility that those
rights will be upheld, and would bring balance to Alaska's
justice system. In conclusion, she said that the VFR's board of
directors strongly supports HB 293.
REPRESENTATIVE GRUENBERG questioned whether it would be
constitutional for the court to order a defendant to pay costs
incurred by the victim due to a continuance having been granted.
MS. SULLIVAN, declining to address the issue of
constitutionality, said it seems as if it would be appropriate
for the court to order a defendant who's been found guilty to
make such restitution, particularly in instances where the
Violent Crimes Compensation Board (VCCB) has compensated the
victim for those costs. She noted that victims also incur
unnecessary expenses associated with continuances that result
simply from defendants refusing transportation to court
proceedings.
2:24:26 PM
D. VICTOR KESTER, Director, Office of Victims' Rights (OVR),
Alaska State Legislature, indicated that he strongly supports
HB 293, which, he opined, would strengthen Alaska's statutory
victim-notification standards with regard to requests for
continuances that delay prosecution in criminal trials, and
would fortify the rights of crime victims, as outlined in the
Alaska Rules of Criminal Procedure, to address the court, and
the court's ability to consider the victim's perspective before
granting a continuance. The bill's proposed changes advance and
protect the vital interests of crime victims; are in alignment
with their constitutional rights to be treated with dignity,
respect, and fairness, and to timely disposition of their case;
and would amplify their voice before the court with regard to
delays in the criminal justice process. The administration of
justice in Alaska is improved when crime victims' positions are
given consideration by the court, he opined, and thus he
believes that HB 293 would help crime victims, providing a
mechanism by which their constitutional rights could be upheld;
the bill stands to eliminate the unnecessary, unwarranted, or
inappropriate delays in the criminal justice process that often
result in undue hardship on, and emotional and psychological
injury to, crime victims as they attempt to cope with the
lengthy prosecution of their case. In conclusion, he reiterated
his support of HB 293.
CHAIR GATTO, after ascertaining that no one else wished to
speak, closed public testimony on HB 293.
CHAIR GATTO offered his belief that passing HB 293 would be the
right thing to do for Alaska's crime victims.
2:29:34 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System (ACS), in
response to a request, explained that the ACS has no position on
HB 293, and that she doesn't anticipate the bill causing any
problems.
2:30:04 PM
REPRESENTATIVE KELLER made a motion to adopt Amendment 1,
labeled 27-LS1238\M.1, Gardner, 2/15/12, which read:
Page 5, line 4, following "shall":
Insert "determine if the victim has been informed
of the pending motion, as provided in AS 12.61.015(a),
and"
REPRESENTATIVE HOLMES objected for the purpose of discussion.
REPRESENTATIVE KELLER explained that if Amendment 1 is adopted,
the language of Section 4's proposed subsection (h) to Rule 45
of the Alaska Rules of Criminal Procedure would then in part
read, "the court shall determine if the victim has been informed
of the pending motion, as provided in AS 12.61.015(a), and
consider the victim's position ...". He then characterized
Amendment 1's proposed change as putting teeth in the bill -
specifying that the court shall determine whether the victim-
notification statutes have been complied with.
MS. MEADE, in response to a comment, said that the ACS has no
objections to Amendment 1.
REPRESENTATIVE HOLMES removed her objection.
CHAIR GATTO, after ascertaining that there were no further
objections, announced that Amendment 1 was adopted.
2:32:36 PM
REPRESENTATIVE THOMPSON made a motion to adopt Amendment 2,
labeled 27-LS1238\M.2, Gardner, 2/15/12, which read:
Page 4, line 13, following "misdemeanor, a":
Insert "cumulative"
Page 4, line 14, following "felony, a":
Insert "cumulative"
Page 4, line 15, following "a":
Insert "cumulative"
REPRESENTATIVE HOLMES objected for the purpose of discussion.
REPRESENTATIVE THOMPSON ventured that Amendment 2 would address
any potential loophole in Section 2's proposed definitions of
what would constitute a substantial delay for a misdemeanor, for
a felony, or for an appeal, by specifying that such substantial
delays could be arrived at cumulatively.
MS. MEADE relayed that the ACS doesn't have an objection to
Amendment 2, and acknowledged that it could be helpful.
REPRESENTATIVE HOLMES removed her objection.
CHAIR GATTO, after ascertaining that there were no further
objections, announced that Amendment 2 was adopted.
2:34:40 PM
REPRESENTATIVE THOMPSON moved to report the proposed committee
substitute (CS) for HB 293, Version 27-LS1238\M, Gardner,
2/13/12, as amended, out of committee with individual
recommendations and the accompanying indeterminate fiscal notes.
There being no objection, CSHB 293(JUD) was reported from the
House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0221A.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 221 |
| HB 221 Sectional Analysis.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 221 |
| HB 221 Court Rule 39 1.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 221 |
| HB221-DOA-PDA-1-27-12.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 221 |
| HB221-LAW-CRIM-02-17-12.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 221 |
| HB 293 Amendment Keller.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 293 |
| HB 293 Amendment Thompson.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 293 |
| HB 293 CS Version M.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 293 |
| HB 262 CS ( ) I.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 262 |
| HB 262 Amendment Cissna I.1.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 262 |
| HB 221 Amendment Chenault.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 221 |
| HB 221 Memorandum Legislative Legal.pdf |
HJUD 2/22/2012 1:00:00 PM |
HB 221 |