Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/04/2017 03:30 PM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 18 RACE CLASSICS TELECONFERENCED
Heard & Held
+= HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS TELECONFERENCED
Moved SCS HB 8(CRA) Out of Committee
+= SJR 4 AK LEGALLY ACQUIRED IVORY USE EXEMPTION TELECONFERENCED
Moved SJR 4 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB   8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS                                                                     
                                                                                                                                
3:41:28 PM                                                                                                                    
CHAIR  BISHOP called  the  meeting back  to  order and  announced                                                               
consideration  of  HB  8,  sponsored  by  Representative  Edgmon.                                                               
Senator MacKinnon had an amendment when it was last considered.                                                                 
                                                                                                                                
SENATOR MACKINNON moved Amendment 1, version 30-LS0127\A.3                                                                      
                                                                                                                                
                                                 30-LS0127\A.3                                                                  
                                                      Wallace                                                                   
                                                      3/16/17                                                                   
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                 BY SENATOR MACKINNON                                                                 
     TO: HB 8                                                                                                                   
                                                                                                                                
     Page 4, following line 22:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 8. AS 22.35.030 is amended to read:                                                                         
          Sec. 22.35.030. Publication of Records [RECORDS                                                                   
     CONCERNING  CRIMINAL CASES  RESULTING  IN ACQUITTAL  OR                                                                  
     DISMISSAL]. The  Alaska Court System may  not publish a                                                                  
     court  record  [OF  A  CRIMINAL  CASE]  on  a  publicly                                                                    
     available website                                                                                                          
               (1)  in a criminal case if 60 days have                                                                      
     elapsed from the date of acquittal or dismissal and                                                                        
               (A) [(1)]  the defendant was acquitted of                                                                    
     all charges filed in the case;                                                                                             
               (B) [(2)]  all criminal charges against the                                                                  
     defendant in the case have  been dismissed and were not                                                                    
     dismissed  as  part  of a  plea  agreement  in  another                                                                    
     criminal case  under Rule 11, Alaska  Rules of Criminal                                                                    
     Procedure;                                                                                                                 
               (C) [(3)]  the defendant was acquitted of                                                                    
     some  of  the criminal  charges  in  the case  and  the                                                                    
     remaining charges were dismissed; or                                                                                       
               (D) [(4)]  all criminal charges against the                                                                  
     defendant  in  the case  have  been  dismissed after  a                                                                    
     suspended entry of judgment under AS 12.55.078;                                                                        
               (2)      of    a   protective   order   under                                                                
     AS 18.66.100   -  18.66.180,   restraining  order,   or                                                                
     injunction  in a  case involving  domestic violence  if                                                                
     the  publication would  likely reveal  the identity  or                                                                
     location of the party protected under the order."                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CHAIR BISHOP objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  MACKINNON  explained  that   Amendment  1  aligns  state                                                               
statute with  federal statute with  regards to  protective orders                                                               
for   victims   of   domestic  violence.   There   are   multiple                                                               
complications  in complying  with federal  law, and  HB 8  is not                                                               
supported by the  Alaska Network on Domestic  Violence and Sexual                                                               
Assault nor the  Council on Domestic Violence  and Sexual Assault                                                               
(CDVSA). The  concern from  agencies that  advocate on  behalf of                                                               
those affected by domestic violence  believe that a perpetrator's                                                               
name should be in CourtView  and available for the general public                                                               
to view.                                                                                                                        
                                                                                                                                
3:43:21 PM                                                                                                                    
She said  Nancy Meade from  the court system suggested  using the                                                               
word  "petitioner", because  otherwise  the court  would have  to                                                               
take all  records down  from CourtView to  be in  compliance with                                                               
what this amendment proposes. The  courts already do not show the                                                               
victim or  the perpetrator  on CourtView  in light  of agreements                                                               
Alaska  has  with other  states.  So,  being  put in  an  awkward                                                               
situation of  advocating for something  that is fair  to everyone                                                               
under the  eyes of the court  or the law, Senator  MacKinnon said                                                               
she believes this bill should  advance to the Judiciary Committee                                                               
where  it  should  have  a  robust  conversation  about  what  is                                                               
currently shown on CourtView.                                                                                                   
                                                                                                                                
SENATOR  MACKINNON said  3,400 protection  orders were  issued in                                                               
the previous  year, and she  was told  about 50 percent  of those                                                               
who  are  seeking  protective  orders  are  denied,  because  the                                                               
reasons  they  give  may  not reach  the  threshold  to  actually                                                               
qualify. The  concern she has  with using the language  the court                                                               
proposes - a petitioner - is that  anyone can go to the court and                                                               
ask  for  a   protective  order  and  give  a   specific  set  of                                                               
circumstances, but the  accused does not have any  input into the                                                               
conversation at that time.                                                                                                      
                                                                                                                                
SENATOR  MACKINNON said  she  does not  support  anyone who  does                                                               
anything  violent  to   any  other  person,  but   she  has  seen                                                               
individuals rush  to the  court house to  get a  protective order                                                               
when  they are  in a  child custody  case and  the person  who is                                                               
being accused  of something  in that  order may  or may  not have                                                               
committed a crime. But their  name is forever posted on CourtView                                                               
with very  little way  to have it  removed. Sometimes  an accused                                                               
can petition  the court to have  their name removed, but  by only                                                               
taking  the  victim's  (petitioner)  name  off,  the  accused  is                                                               
sitting there  with no rebuttal  on the conversation. This  is an                                                               
important conversation to have.                                                                                                 
                                                                                                                                
SENATOR MACKINNON  said that those  who are accused or  those who                                                               
have had violence  inflicted on them should  be treated equitably                                                               
in  the  sense that  they  deserve  consideration. This  language                                                               
matches federal law, so she  wanted this language to be submitted                                                               
to the  Judiciary Committee  for discussion.  She would  defer to                                                               
whatever they believe is the best for the people of Alaska.                                                                     
                                                                                                                                
3:47:19 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:47:40 PM                                                                                                                    
CHAIR  BISHOP called  the meeting  back to  order and  finding no                                                               
comments, invited Senator Gardner to speak.                                                                                     
                                                                                                                                
SENATOR GARDNER asked  if the sponsor of  the amendment suggested                                                               
the CDVSA would support it.                                                                                                     
                                                                                                                                
SENATOR   MACKINNON  clarified   that  the   CDVSA  opposes   the                                                               
amendment.  Representatives from  CDVSA want  the victims'  names                                                               
removed  so that  the victim  would  not be  identified in  their                                                               
community or elsewhere. She would  like the accused names removed                                                               
if no  crime has actually been  proved in court. That  is why she                                                               
is separating this a bit.                                                                                                       
                                                                                                                                
SENATOR GARDNER asked if any  "nodders" in the audience wanted to                                                               
testify on record about this amendment.                                                                                         
                                                                                                                                
CHAIR BISHOP asked again for public testimony.                                                                                  
                                                                                                                                
3:49:38 PM                                                                                                                    
ELISA  COSNI,  Policy  Specialist,  Alaska  Network  on  Domestic                                                               
Violence and  Sexual Assault, Juneau,  Alaska, said they  are the                                                               
actual  victim advocate  service  agencies across  the state  and                                                               
that  she agreed  with  Senator  Mackinnon's characterization  of                                                               
their   view  of   the  amendment.   From  the   victim  advocate                                                               
perspective, they  have two  goals: one  is to  absolutely uphold                                                               
victim safety  and the other  is privacy. In certain  cases, that                                                               
might require the  victim making that decision:  to be anonymous.                                                               
But the agency's  experience is that opportunity is  not clear to                                                               
the  petitioner   (the  victim)   even  though   it  is   in  the                                                               
administrative rules.  The other piece  is the benefit  of having                                                               
the  protective orders  on  line and  viewable  by advocates  and                                                               
shelters,  so   they  are  better   able  to  hold   the  accused                                                               
accountable  and  being able  to  track  them  in that  way.  The                                                               
accused  might have  a history  of domestic  violence that  maybe                                                               
wasn't prosecuted  or prosecuted  successfully, but  oftentimes -                                                               
frequently -  violence is perpetrated  in cycles. So,  her people                                                               
might have that kind of knowledge about this person.                                                                            
                                                                                                                                
CHAIR  BISHOP closed  public testimony  on HB  8. He  removed his                                                               
objection.                                                                                                                      
                                                                                                                                
SENATOR GARDNER  objected for  more questions.  She asked  if the                                                               
protective order  is not  available on CourtView,  to whom  it is                                                               
available.                                                                                                                      
                                                                                                                                
SENATOR MACKINNON replied law enforcement officers.                                                                             
                                                                                                                                
NANCY MEADE, General Counsel,  Administrative Staff, Alaska Court                                                               
System,  Anchorage,  Alaska,  answered   they  are  removed  from                                                               
CourtView, but  they are  not made  confidential. And  other than                                                               
being on the  public version of CourtView, it is  the same as any                                                               
other  case. So,  all protective  orders are  transmitted by  the                                                               
court to  Department of  Public Safety  (DPS) for  posting within                                                               
ABSIN. Law  Enforcement has access to  the fact that there  was a                                                               
protective order and people would be  able to access those at the                                                               
court  house  in  their  paper   form.  The  prohibition  in  the                                                               
amendment would  say the court  cannot post them on  a publically                                                               
available Internet site, which is  the CourtView that people look                                                               
at from their kitchens on their laptops.                                                                                        
                                                                                                                                
SENATOR GARDNER removed her objection.                                                                                          
                                                                                                                                
CHAIR BISHOP  found no  further objections  and said  Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
SENATOR MACKINNON  moved HB  8, as  amended, from  committee with                                                               
individual recommendations and attached fiscal note.                                                                            
                                                                                                                                
CHAIR  BISHOP announced  that without  objection,  SCS HB  8(CRA)                                                               
moved  from the  Senate Community  and Regional  Affairs Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
SCSHB8(CRA).PDF SCRA 4/4/2017 3:30:00 PM
HB 8
SJR4-LEG-SESS-04-04-17.pdf SCRA 4/4/2017 3:30:00 PM
SJR 4