Legislature(2005 - 2006)CAPITOL 106
05/02/2006 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Department of Administration, Division of Elections Follow-up | |
| Department of Administration State Health Plan Procurement Procedure | |
| SB134 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 134 | TELECONFERENCED | |
SB 134-POLICE INVESTIGATION STANDARDS/ARRESTS 9:51:00 AM CHAIR SEATON announced that the last order of business was CS FOR SENATE BILL NO. 134(JUD), "An Act relating to a pilot project to review and investigate certain complaints from victims of sexual assault in the first degree or sexual abuse of a minor in the first degree concerning actions of justice agencies." 9:51:22 AM The committee took an at-ease from 9:51:57 AM to 9:52:13 AM. 9:52:18 AM SENATOR CON BUNDY, Alaska State Legislature, introduced SB 134 as sponsor. He said the bill is a response to a constituent who, after being a victim of a sexual assault, couldn't get his/her calls returned "or even communication with the local police department." Senator Bundy stated that the unfortunate result of that is that victims are victimized again and suffer from thinking that their experience "was not held in enough serious regard by our system." He indicated that the reason for the lack of communication may have been that the police are human and make mistakes, or that "they have the press of other business." He said victims who go through this experience are even less likely to report the crime, because they may question why they should go through the torture if they are not going to be taken seriously. SENATOR BUNDY said, "SB 134 seeks to make the investigative process easier and more thorough for sexual abuse and sexual assault victims by providing another place for them to go if communication with law enforcement hasn't been successful." He said he worked closely with the Department of Law and the Department of Public Safety on the bill. He stated that to his knowledge "all the departments and organizations support SB 134." He explained that the bill would allow the Office of Victims' Rights (OVR) to intercede on behalf of a sexual abuse or assault victim, if the victim contacts OVR in the investigation or reporting stage of prosecuting a sex crime. He said the bill requires that the investigative complaint be the result of a major crime, either unclassified sexual assault or unclassified abuse of a minor. SENATOR BUNDY said the bill sets up a pilot program that would end in September 2008, and he explained the reason for using a pilot program is that although the problem addressed is widespread and only the tip of the iceberg has been seen, it is not yet known how intensive the program will be. He stated that the bill has the support of both urban and rural communities. 9:55:10 AM SENATOR BUNDY related that the bill would allow OVR the same rights and responsibilities while handling these cases as it does when the case goes to court. The big difference would be that the bill would allow OVR to look into the investigation, rather than waiting until there is a charge and the case ends up in court. He stated, "We don't charge any organization with setting standards for police investigations; however, the attorneys for OVR are charged with determining if there's been negligence in the investigation, and then will go about in assisting their victim." Senator Bundy described SB 134 as a "simple and common sense bill," and he asked for the committee's support of it. 9:56:42 AM REPRESENTATIVE GATTO moved to adopt CSSB 134(JUD) as the work draft. There being no objection, it was so ordered. 9:58:10 AM SENATOR BUNDY, in response to an observation made by Representative Gatto, explained that the Senate State Affairs Standing Committee version contained language that "was not enthusiastically supported by law enforcement." He added, "They didn't want the activity that was called for that would basically pull the certification of an officer who messed up an investigation." 9:58:36 AM CHAIR SEATON told Representative Gatto that there are three fiscal notes in the committee packet from the Senate Judiciary Standing Committee. 9:58:56 AM SENATOR BUNDY noted that they are zero fiscal notes. 9:59:19 AM REPRESENTATIVE RAMRAS stated that he thinks SB 134 is a great bill that recognizes an important problem. 9:59:40 AM CHAIR SEATON, after ascertaining that there was no one to testify, closed public testimony. 9:59:50 AM REPRESENTATIVE ELKINS moved to report CSSB 134(JUD) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 134(JUD) was reported out of the House State Affairs Standing Committee.
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