Legislature(2013 - 2014)CAPITOL 120
03/10/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB258 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 258 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 258-WRONGFUL DEATH OF AN UNBORN CHILD
1:10:07 PM
CHAIR KELLER announced that the only order of business would be
HOUSE BILL NO. 258, "An Act establishing a right of action for
the death of an unborn child in certain circumstances."
[28-LS1118\A]
1:10:45 PM
REPRESENTATIVE LEDOUX, speaking as one of the joint prime
sponsors of HB 258, provided the following testimony:
Mr. Chairman, and members of the committee, thank you
for hearing HB 258. HB 258 is going to ensure that
parents who lose their unborn child through the
unlawful or improper actions of another person have a
path to justice. HB 258 would make Alaska civil law
consistent with the criminal law passed in 2005 in
regards to the criminal liability for the death of an
unborn child. That law established that the unborn
can be victims of murder, manslaughter and criminally
negligent homicide in a criminal court. This law
would mirror that and establish that a person could be
held liable in civil court for the wrongful death of a
child. HB 258 would extend the current statutes so
that someone who causes the death of the unborn can be
held accountable. Simply put, the same actions that
can lead to criminal charges could now also lead to
civil charges. HB 258 protects parents and provides a
path for them towards healing. On behalf of the
parents who never got to meet their children, I urge
you to support HB 258.
1:12:12 PM
CARL E. BRENT remarked that after his family suffered a terrible
loss, he was shocked Alaska was one of only 10 states that does
not recognize deceased children in civil court. By passing HB
258 and SB 200 these children will be recognized in civil court
and, also, in the future young couples will have somewhere to
turn if a tragedy occurs.
1:14:32 PM
SHELIA WALLACE advised she is Jackson's grandmother and urged
the committee to vote in favor of HB 258.
1:15:15 PM
SUZANNE HANCOCK stated that this legislation should be passed to
keep Alaska in line with all but 10 other states, and in order
that families would have available both criminal and civil
penalties.
1:16:30 PM
MARY HARNED, Staff Council, Americans United for Life, presented
the following testimony on behalf of Jackson's Law:
Alaska currently bars a cause of action, as you know,
for the death of an unborn child unless the child is
born alive and dies thereafter. This limitation
starkly contrasts with Alaska's criminal law which
recognizes that an unborn child at any stage of
development may be considered a victim of murder,
manslaughter, and criminally negligent homicide. The
wrongful death cause of action is intended to correct
a flaw in the common law where no cause of action
survives the victim's death. Thus, a wrongdoer could
escape liability by inflicting injury so severe that
[it] resulted in the death of its victim. It is a
terrible irony that was in the law before wrongful
death statutes began to be enacted. Forty states
recognize that a parent should be permitted to bring a
wrongful death action when his or her unborn child
dies in the womb as a result of a third party's
criminal action, negligent malpractice, or production
or distribution of an unsafe product. Tragically,
Alaskan parents of unborn children who lose their
lives because of the wrongful actions of others cannot
receive this justice. These parents unquestionably
have interests in the life, health, and wellbeing of
their children. Wrongful behavior which results in
the death of an unborn child carries the same social
and emotional costs, including bereavement, a loss to
society, and the lawlessness and disregard for life
which characterizes negligence, harmful and wrongful
behavior. Jackson's Law will extend this protection
provided by the state's wrongful death statutes of all
unborn children in Alaska. We thank you for your
leadership in considering this important legislation.
Thank you.
1:18:35 PM
LELA RAYMOND advised she was calling on behalf of her nephew,
Tanner Eugene Richards, who was lost about 16 months ago; and
his mother described how her niece, at full term, went to the
emergency room of the hospital knowing something was seriously
wrong. Several times her niece asked the nurse to call the
doctor, which [the nurse] did not do for five hours. The baby
had a heart beat when they arrived, but by the time they left
the hospital it did not and her niece had to wait to give birth
to her dead baby. Ms. Raymond expressed the desire to have HB
258 passed in order to obtain justice on his behalf. Although
the nurse admitted to the wrongful doing, the hospital had
received new equipment and the nurse had not been properly
[trained] on the equipment. Therefore, the fault belonged to
more than one person, she opined. She further opined that in
order for people to learn from mistakes there should be
repercussions.
1:21:04 PM
APRIL DISHNEAU stated support for HB 258. She then related that
tomorrow her son would have been 3 years old. Ms. Dishneau
explained that she had a "super high risk" pregnancy. When she
was full term, she was at the hospital but was sent home two
days in a row even though she was dilated and knew something was
wrong; and while at home her placenta ruptured. Her family
lives with this loss every day, she stated.
1:23:07 PM
KIMBERLY WALLACE-GOODWIN related that she lost her son, Jackson
Wallace-Goodwin on December 6, 2012. When a child passes it
impacts the entire family, including the grandparents, aunts and
uncles, friends and their families. There is joy and hope
surrounding a pregnancy and when the unborn child does not have
a life in this world it is devastating for all of those
impacted. She urged the committee support HB 258 and give a
voice to those who do not have a voice.
1:24:28 PM
JON GOODWIN advised that Kimberly [Wallace-Goodwin] is his wife
and he is in support of Jackson's Law. Shortly after Jackson
passed he was shocked that the State of Alaska does not
recognize unborn children in civil court. These full-term
babies are not fetuses but fully developed babies [that died]
due to poor health care, health care providers, or mistakes.
Therefore, there must be a provision within the law that will
allow for retribution. Mr. Goodwin advised he has been to Iraq
and Afghanistan six times, lost four good friends in a ball of
fire, and he was shot down in 2005. He said he knows what Post-
Traumatic Stress Disorder (PTSD) looks like and has had to
relive it due to the trauma experienced with Jackson. There is
no pain worse than the loss of a child whether the child is
still born or not, he opined. He expressed hope that the
passage of Jackson's Law will create a change in the attitudes
people bring forth to these unborn children. Once someone is
found accountable for their actions, maybe they will choose to
be more diligent at their job. Mr. Goodwin stressed his belief
that Jackson's Law is right for Alaska as it is similar to laws
in 40 other states, yet is crafted to harmonize with Alaska law.
Drawing from an ethics law class, he related that the community
that feels no moral indignation over the crime being committed
against one of its members, and fails to stand up for that
member, fails to show the respect that victims deserve.
1:30:46 PM
REPRESENTATIVE LYNN thanked Mr. Goodwin for his service
overseas.
1:31:00 PM
GREG WALLACE, a 30-year resident of Alaska, advised that Jackson
[Wallace-Goodwin] was his grandson. He emphasized that the
travesty of death is an issue everyone has to deal with as it
takes place in different ways, whether it is our military
warriors, children, or grandchildren. Mr. Wallace urged the
passage of HB 258.
1:35:12 PM
REPRESENTATIVE GRUENBERG moved the committee adopt Amendment 1,
labelled 28-LS1118\A.1, Wallace, 3/10/14, which read:
Page 2, following line 9:
Insert a new bill section to read:
"* Sec. 2. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION. This Act shall apply to actions
arising from a wrongful act or omission that takes
place on or after the effective date of this Act."
REPRESENTATIVE GRUENBERG, stating support for HB 258, explained
Amendment 1 amends the wrongful death statute, not the survivor
statute. He related his belief it goes with the [Federal Unborn
Victims of Violence Act] and expressed the desire to be sure
there was no question on the applicability.
CHAIR KELLER objected for discussion.
1:35:54 PM
REPRESENTATIVE LEDOUX, characterizing Amendment 1 as a friendly
amendment, stated she agrees with Amendment 1.
1:36:02 PM
CHAIR KELLER removed his objection. There being no further
objection, Amendment 1 was adopted.
1:36:13 PM
REPRESENTATIVE LYNN moved to report HB 258 out of committee, as
amended, with individual recommendations and the accompanying
zero fiscal notes. There being no objection, CSHB 258(JUD) was
reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 258 Sponsor Statement.pdf |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |
| HB 258 Sectional Analysis.pdf |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |
| HB 258 ver. A.PDF |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |
| HB 258 Fiscal Note~LAW.pdf |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |
| HB 258 Letter of Support~Americans United for Life.pdf |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |
| HB 258 Supporting Document~Map of States with Unborn Child Wrongful Death Action.PDF |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |
| HB 258 Letter of Support.PDF |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |
| HB 258 Proposed Amendment A.1.pdf |
HJUD 3/10/2014 1:00:00 PM |
HB 258 |