Legislature(2011 - 2012)SENATE FINANCE 532
02/23/2012 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB203 | |
| SB135 | |
| SB140 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 203 | TELECONFERENCED | |
| + | SB 135 | TELECONFERENCED | |
| + | SB 140 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 135
"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."
9:30:06 AM
SENATOR HOLLIS FRENCH, introduced SB 135.
Article I, section 24 of our constitution is entitled
"Rights of Crime Victims." The amendment passed by an
overwhelming majority when it was placed before
Alaskan voters in 1994. Included in its eight specific
provisions is the promise that crime victims will have
"the right to timely disposition of the case following
the arrest of the accused."
In the eighteen years since the amendment passed, the
promise of a timely disposition of the case has often
not been kept. Moreover, the breaches of that promise
frequently occur in the most serious of cases. Delays
in the trial of a case, known as continuances, can go
on for years.
SB 135 requires prosecutors and judges to consider a
victim's right to a timely disposition of their case
when deciding whether to allow continuances. This
legislation will also ensure that victims are notified
of any requests or motions that could substantially
delay speedy prosecution of their case.
Repeated delays prevent victims from reaching
emotional, physical, and financial closure from the
trauma that they suffered as a result of the crime
perpetrated against them. Delays in prosecution can
also affect the availability of witnesses, a victim's
ability to recall important details, and it can create
other impediments to a successful trial.
Currently, Alaska is one of 27 states with
constitutional provisions to protect a victim's
rights; however, there is no statute in place to
implement it. With this important piece of
legislation, Alaska will join 15 other states that
have enacted a statutory provision recognizing this
crucial right.
SB 135 will guarantee a victim's right to a timely
resolution in the court system. I urge your support of
this legislation.
Senator Olson noted that there were some defendants in
rural Alaska, and it was difficult to collect evidence. He
wondered how due process was served, and felt that some of
the defendants in rural Alaska were not always given a fair
trial. Senator French replied that there was a current
tension in the State Constitution regarding the defendant's
right to a speedy trial versus the victim's right to a
timely disposition. He felt that the defendant's liberty
interest was often weighted greater than that of the
victim.
9:34:39 AM
VICTOR KESTER, EXECUTIVE DIRECTOR, AK OFFICE OF VICTIM'S
RIGHTS (via teleconference), testified in support of SB
135. He explained that the Office of Victim's Rights was a
legislative agency dedicated representing Alaska crime
victims in Alaska courts, and advancing the interest of
crime victims. He explained that SB 135 amended the Alaska
statutes to strengthen notification standards regarding
requests for continuances in criminal trial that would
delay prosecution of a case involving a crime victim.
Co-Chair Hoffman noted the four fiscal notes: FN3 (DOC),
FN2 (DOA), new indeterminate fiscal note from the
Department of Law, and a new fiscal impact note from the
Department of Administration.
Senator French noted that the bill was filed on January 6,
and since that time the bill became more focused and
definite. Therefore, the indeterminate fiscal note was
replaced with a fiscal impact note. He felt that the new
fiscal note was unwarranted.
SB 135 was HEARD and HELD in committee for further
consideration.