Legislature(2007 - 2008)BUTROVICH 205

01/24/2007 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
*+ SB 5 FAILURE TO REPORT CRIMES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 19 EXEC. BRANCH ETHICS:INTERESTS & ACTIONS
Moved CSSB 19(JUD) Out of Committee
= SB 20 LEGISLATIVE DISCLOSURES
Moved CSSB 20(JUD) Out of Committee
                 SB 5-FAILURE TO REPORT CRIMES                                                                              
                                                                                                                                
1:34:22 PM                                                                                                                    
CHAIR HOLLIS FRENCH announced the consideration of SB 5.                                                                        
                                                                                                                                
SENATOR LESIL McGUIRE, Sponsor of  SB 5, thanked Chair French for                                                               
the  work he  had done  on the  bill, which  included discussions                                                               
with  Kiva's   mother.  Providing  background   information,  she                                                               
explained that  in 1999 former  Senator Drue Pearce  introduced a                                                               
bill  to require  mandatory reporting  of violent  crimes against                                                               
children.  Due  to controversy  at  the  time, reporting  violent                                                               
crimes against adults was not included.                                                                                         
                                                                                                                                
In 2005 Senator McGuire requested  a summary of what other states                                                               
do,  and  she  learned  that   about  10  states  have  mandatory                                                               
reporting requirements for violent  crimes. The descriptions vary                                                               
from state to  state, but they all stem from  heinous crimes that                                                               
caused  community members  to say  that they  wanted citizens  to                                                               
have  the additional  duty to  report when  they witness  violent                                                               
crimes.                                                                                                                         
                                                                                                                                
                                                                                                                                
SB 5 would  amend AS 11.56.765 to include adults  and children in                                                               
every case. It  would be a crime for someone  to witness and fail                                                               
to  report:  1) murder  or  attempted  murder,  2) kidnapping  or                                                               
attempted kidnapping,  3) sexual penetration or  attempted sexual                                                               
penetration:  a) without the  consent  of the  person, b) if  the                                                               
person is  mentally incapable, c) if the  person is incapacitated                                                               
or,  d) if the  person  is unaware  that a  sexual  act is  being                                                               
committed.                                                                                                                      
                                                                                                                                
The  current  language  referencing   age  is  removed,  but  the                                                               
language  about  reporting  in  a  timely  manner  is  unchanged.                                                               
Senator McGuire  explained that  Section 3 of  CSSB 5,  Version M                                                               
would make  it a class C  felony for failure to  report a violent                                                               
crime. [Version  M committee substitute  was distributed  but not                                                               
formally adopted.]                                                                                                              
                                                                                                                                
SENATOR McGUIRE said she and  Chair French discussed an amendment                                                               
to make it  a felony for an unclassified crime  and a misdemeanor                                                               
in  the other  cases. Stating  agreement with  Kiva's mother  she                                                               
said  that failure  to report  heinous  crimes ought  to carry  a                                                               
penalty that  has teeth. It could  be argued that if  it's not an                                                               
unclassified felony,  then the  serious felony  penalty shouldn't                                                               
apply. That discussion can come later, she said.                                                                                
                                                                                                                                
SENATOR McGUIRE mentioned a recent  conversation she had with the                                                               
Department  of Law  regarding a  citizen's obligation.  She noted                                                               
that someone  made the observation  that in 500 years  of English                                                               
law, there has never been  the requirement for citizen bystanders                                                               
to report crimes. The consequence  of that is that citizens don't                                                               
believe it's  their job to  respond. We accept the  privileges of                                                               
being a citizen of the United  States and a citizen of Alaska and                                                               
some obligations  come with  those privileges,  she said.  One of                                                               
those obligations  is to look  around and respond if  you witness                                                               
something as  heinous as  what happened to  Kiva Friedman  and if                                                               
you don't,  that is  an affront to  our community.  Responding to                                                               
others when they are in need is the spirit of this bill.                                                                        
                                                                                                                                
1:40:17 PM                                                                                                                    
SENATOR  GENE  THERRIAULT  recalled  that during  the  debate  on                                                               
Senator  Pearce's  bill there  was  discussion  about a  person's                                                               
right  to  not   self-incriminate.  He  asked  if   she  had  had                                                               
discussions with DOL regarding situations  in which a person is a                                                               
party to  the crime so  his or her  call to authorities  could be                                                               
self-incriminating.                                                                                                             
                                                                                                                                
SENATOR McGUIRE  said the  right to  not self-incriminate  is the                                                               
most  difficult issue,  but DOL  also raised  the question  about                                                               
whether  reporting a  crime opens  an argument  for immunity.  It                                                               
will be complex  and DOL is looking at ways  to improve the bill,                                                               
she said.                                                                                                                       
                                                                                                                                
Other states  have said that there  might be a defense  that says                                                               
that if reporting  would bring immediate physical harm  to you or                                                               
your  family,  then you  don't  have  the obligation  to  report.                                                               
That's  a  good  argument  and  the only  defense  she  would  be                                                               
amenable to, she stated.                                                                                                        
                                                                                                                                
CHAIR  FRENCH noted  that a  couple of  affirmative defenses  can                                                               
already be found in AS 11.56.765.  One defense is that the person                                                               
reasonably  believed  that  reporting   would  risk  exposure  to                                                               
physical  injury. For  instance,  a child  might  not report  one                                                               
parent  committing domestic  violence against  the other  parent.                                                               
Another  affirmative defense  is if  a  person acts  to stop  the                                                               
crime then  there is no duty  to report that he  or she witnessed                                                               
something. SB 5 would not affect those affirmative defenses.                                                                    
                                                                                                                                
SENATOR THERRIAULT asked if either  touches on the issue of self-                                                               
incrimination.                                                                                                                  
                                                                                                                                
CHAIR FRENCH said his view is that  it is a catch 22 that has not                                                               
been resolved.  It's an issue  that would be  good to get  on the                                                               
record because  there are  classic cases,  such as  Kiva's, where                                                               
the law  does apply,  but there  are some  cases where  that tool                                                               
would not be used.                                                                                                              
                                                                                                                                
SENATOR THERRIAULT asked if a person  who is a partner to a crime                                                               
would have immunity if he or she were to report the incident.                                                                   
                                                                                                                                
CHAIR FRENCH  said ultimately  the person  who commits  the crime                                                               
will never be the target of this particular charge.                                                                             
                                                                                                                                
SENATOR THERRIAULT clarified he was talking about an accomplice.                                                                
                                                                                                                                
CHAIR  FRENCH  responded the  same  argument  would apply.  If  a                                                               
murder  is  committed  in  the  course  of  a  bank  robbery,  an                                                               
accomplice would  be charged with  bank robbery, but  not failure                                                               
to report.                                                                                                                      
                                                                                                                                
1:45:29 PM                                                                                                                    
SENATOR WIELECHOWSKI  added that a  piece of legislation  can not                                                               
trump  the constitution.  A  person would  not  lose their  Fifth                                                               
Amendment rights if this bill were to pass.                                                                                     
                                                                                                                                
SENATOR  McGUIRE said  it's  simply a  tool  for prosecutors  and                                                               
sometimes the decision may be against bringing a case.                                                                          
                                                                                                                                
CHAIR FRENCH agreed.                                                                                                            
                                                                                                                                
SENATOR  HUGGINS  expressed  the  concern  that  the  bill  won't                                                               
necessarily make good citizens.                                                                                                 
                                                                                                                                
1:47:21 PM                                                                                                                    
SENATOR  McGUIRE said  it  will send  a message  and  serve as  a                                                               
method  of punishing  those who  choose to  turn a  blind eye  in                                                               
cases that  could save a life.  The crimes that are  included are                                                               
narrow and easy to identify. The  notion is that if someone is in                                                               
a serious physical  situation then a witness  or bystander should                                                               
pick up the phone.                                                                                                              
                                                                                                                                
SENATOR   WIELECHOWSKI  referenced   page  2,   subparagraph  (D)                                                               
relating  to the  assault of  a  person. He  questioned how  that                                                               
section might apply to a bystander  witness who does not stop and                                                               
report a drunk driver who has crashed into someone else.                                                                        
                                                                                                                                
SENATOR  McGUIRE  replied  that  isn't   the  target,  but  if  a                                                               
reasonable person sees that a  drunk driver caused serious injury                                                               
to  another person  she would  hope  that person  would call  for                                                               
help.                                                                                                                           
                                                                                                                                
CHAIR FRENCH  added that to  be prosecuted the person  would need                                                               
to know that  there had been a car accident  and that someone had                                                               
sustained   serious    physical   injury.   Depending    on   the                                                               
circumstances  there could  be a  righteous prosecution,  but the                                                               
ultimate  check is  the  discretion of  the  prosecution and  the                                                               
jury.                                                                                                                           
                                                                                                                                
1:50:55 PM                                                                                                                    
SENATOR  THERRIAULT  asked  if the  existing  statutory  language                                                               
regarding reporting  in a "timely  manner" is  a term of  art and                                                               
what  it might  allow. He  asked if  waiting three  or four  days                                                               
before making a report would be timely.                                                                                         
                                                                                                                                
1:52:03 PM                                                                                                                    
SENATOR McGUIRE  said she  didn't see  that mentioned  during the                                                               
debate surrounding Senator Pearce's bill  and she isn't sure that                                                               
phrase was chosen, but waiting three  or four days to report rape                                                               
and sodomy  would certainly not  be timely. The  word "immediate"                                                               
does raise the  question of a person's duty.  Language that would                                                               
improve the bill is welcome, she said.                                                                                          
                                                                                                                                
SENATOR THERRIAULT asked DOL to interpret the phrase.                                                                           
                                                                                                                                
CHAIR  FRENCH asked  Ms. Carpeneti  to interpret  the meaning  of                                                               
"timely manner" in the context of the statute.                                                                                  
                                                                                                                                
1:53:53 PM                                                                                                                    
ANNE CARPENETI,  Assistant District Attorney,  Criminal Division,                                                               
Department of Law,(DOL) said it is  unusual to see those words in                                                               
criminal statute.  She did  not recall whether  or not  they were                                                               
discussed when the  law was originally enacted.  The terms aren't                                                               
as clear  as you would  hope if  you were prosecuting  a criminal                                                               
case, she stated.                                                                                                               
                                                                                                                                
SENATOR THERRIAULT suggested the  committee consider changing the                                                               
terms if they are unclear or poorly defined.                                                                                    
                                                                                                                                
MS.  CARPENETI said  she would  like to  review the  bill history                                                               
because she  would expect  to see  the terms  in a  civil statute                                                               
rather than a criminal statute.                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  there is  a more  applicable term                                                               
from a criminal perspective.                                                                                                    
                                                                                                                                
MS. CARPENETI said  she would like some time to  review the issue                                                               
before giving a suggestion.                                                                                                     
                                                                                                                                
SENATOR McGUIRE read the following  Senate Judiciary minutes from                                                               
February 24, 1999:                                                                                                              
                                                                                                                                
     Senator  Ellis  asked  how   the  new  requirement  for                                                                    
     "timely" reporting  in the bill would  compare with the                                                                    
     previous requirement  for immediate  reporting. Senator                                                                    
     Donley  observed   that  the  requirement   for  timely                                                                    
     reporting allows  for a more flexible  application. Ms.                                                                    
     Carpeneti agreed.                                                                                                          
                                                                                                                                
SENATOR THERRIAULT suggested that Ms.  Carpeneti find out if that                                                               
terminology has posed any problem.                                                                                              
                                                                                                                                
MS.  CARPENETI responded  the term  "immediate" is  probably even                                                               
more problematic. The idea is for  a person to call the police as                                                               
soon as is safely possible.                                                                                                     
                                                                                                                                
SENATOR McGUIRE said  the idea is to find a  word that reasonably                                                               
falls between "immediate" and so much  later that the call is not                                                               
relevant.                                                                                                                       
                                                                                                                                
MS.  CARPENETI  said  the  terms   "timely  manner"  are  current                                                               
language and to  her knowledge they have not  been interpreted in                                                               
a court case.                                                                                                                   
                                                                                                                                
CHAIR FRENCH added  that ultimately it would be  a prosecutor and                                                               
a jury decision as to what would constitute "timely."                                                                           
                                                                                                                                
MS. CARPENETI mentioned the  constitutional responsibility to not                                                               
make something vague.                                                                                                           
                                                                                                                                
CHAIR FRENCH asked  Mr. Svobodny whether the  current statute has                                                               
been used to prosecute someone  for not reporting a crime against                                                               
a child.                                                                                                                        
                                                                                                                                
1:58:28 PM                                                                                                                    
RICK  SVOBODNY,   Chief  Assistant  Attorney   General,  Criminal                                                               
Division, Department  of Law, advised  that the statue  has never                                                               
been used.                                                                                                                      
                                                                                                                                
CHAIR FRENCH  hypothetically queried  whether charges  would have                                                               
been brought against  the three men in Kiva's case  had this bill                                                               
been in statute.                                                                                                                
                                                                                                                                
MR. SVBODNEY  said he was  not in a  position to answer,  but the                                                               
prosecutor  commented  that  the   three  men  were  cooperative.                                                               
Bringing  charges  under  this statute  could  have  resulted  in                                                               
tactical  problems at  trial  because the  men  may have  claimed                                                               
Fifth Amendment privilege and demanded immunity.                                                                                
                                                                                                                                
MR.  SVBODNEY referenced  the issue  of timeliness  and suggested                                                               
the committee  look at language  under the requirement  to report                                                               
an  auto accident.  It has  language about  reporting immediately                                                               
and in a manner that is safe for the person who is reporting.                                                                   
                                                                                                                                
SENATOR THERRIAULT  noted that states  with similar laws  use the                                                               
terms  "immediately",  "reasonably  practical",  and  "reasonably                                                               
possible".                                                                                                                      
                                                                                                                                
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
2:01:56 PM                                                                                                                    
LISA  SOMMER,  victim's  mother,   told  the  committee  she  was                                                               
representing  her  daughter,  Kiva  Friedman,  who  was  brutally                                                               
murdered on  April 26,  2003 by Jerry  McClain. She  related that                                                               
three other people, all of whom  knew Kiva, could have helped her                                                               
or  could  have  reported  the   crime,  but  they  did  nothing.                                                               
According to Alaska law they did  not commit a crime, but this is                                                               
wrong, she  asserted. When a  person has knowledge that  a felony                                                               
is being committed he or she  should be obliged to report it. She                                                               
emphasized that that should be in the bill somehow.                                                                             
                                                                                                                                
MR.  SOMMER read  page 2  of the  Victim's Impact  Statement that                                                               
told about her daughter's decision  to move to Alaska. Her career                                                               
was  moving forward,  she bought  her first  house, she  made new                                                               
friends, and  her artistic endeavors were  expanding. Tragically,                                                               
her daughter's life  was cut short by  a man who had  none of her                                                               
qualities.                                                                                                                      
                                                                                                                                
MS.  SOMMER said  Jerry McClain  murdered her  daughter directly,                                                               
but the three men who arrived  at the crime scene and did nothing                                                               
murdered  her indirectly.  She emphasized  that  someone who  has                                                               
knowledge of a  felony having to do with torture,  abuse, rape or                                                               
assault should  have the duty  to report.  The fact that  the men                                                               
had no such responsibility is criminal  in its own right and that                                                               
should be changed.  Jerry McClain's brother, Jesse,  knew Kiva so                                                               
this was  more than a  Good Samaritan civic duty  violation; this                                                               
was more like the federal  misprision of a felony type violation,                                                               
she  said. She  urged  the committee  to pass  the  bill to  help                                                               
protect women  and children in  particular and to  consider using                                                               
the words  "knowledge of  a felony"  and "deliberate  omission to                                                               
report."  The fact  that the  victim is  known is  important, she                                                               
said.                                                                                                                           
                                                                                                                                
In conclusion she  read her poem, Mother's Pledge. A  copy may be                                                               
found in the bill file.                                                                                                         
                                                                                                                                
CHAIR FRENCH thanked Ms. Sommer for her testimony.                                                                              
                                                                                                                                
2:15:04 PM                                                                                                                    
KATHY HANSEN, Staff Attorney and  Interim Director, Alaska Office                                                               
of  Victims' Rights,  reported that  she worked  with Ms.  Sommer                                                               
during the  criminal prosecution of Jerry  McClain. She explained                                                               
that the bill the Alaska Legislature  passed in 1999 arose from a                                                               
Nevada murder  case where a  friend of the  perpetrator witnessed                                                               
the  crime and  did nothing  to report.  Kiva Friedman's  case is                                                               
similar and  there is some  probability she would still  be alive                                                               
had  any   of  the  witnesses   called  the  police,   she  said.                                                               
Furthermore, her  death might not  have occurred if this  law had                                                               
passed in 1999.                                                                                                                 
                                                                                                                                
MS.  HANSEN said  it's important  that laws  reflect a  society's                                                               
morals and there  is no question that what the  bystanders did in                                                               
Kiva's case  was morally wrong.  SB 5 would serve  an educational                                                               
function  that  could  prevent  further  deaths  and  help  solve                                                               
crimes.                                                                                                                         
                                                                                                                                
Passing  SB 5  would provide  an effective  tool for  prosecutors                                                               
even if  it's used  infrequently. It  would give  prosecutors the                                                               
discretion to  prosecute offenders like Jerry  McClain's friends;                                                               
it would provide a fallback  for prosecutors when the evidence is                                                               
insufficient  to  prosecute; and  it  would  help prosecutors  in                                                               
general  because  witnesses would  know  that  coming forward  is                                                               
required.                                                                                                                       
                                                                                                                                
MS. HANSEN said  United States vs. Weekly gives  insight into the                                                               
Fifth Amendment problems. The court  held that if the person lies                                                               
when  giving  information,  then  there  is  no  Fifth  Amendment                                                               
protection  and  any  information  that is  given  would  not  be                                                               
protected as privileged. She emphasized  that it must to be clear                                                               
that a defendant  does not have an obligation to  report if doing                                                               
so  would violate  the privilege  against self-incrimination.  If                                                               
that  exception  is  included  then  there  would  be  no  forced                                                               
immunity.                                                                                                                       
                                                                                                                                
Referencing the  obligation to  report a  car accident,  she said                                                               
that if  the purpose  of the  law is to  educate the  public then                                                               
attaching a misdemeanor or small fine to not reporting is okay.                                                                 
                                                                                                                                
MS.  HANSEN suggested  establishing an  exception if  the witness                                                               
reasonably believes  the crime  has already  been reported  or if                                                               
they are  unable to report  due to a duty  to another, such  as a                                                               
small child.                                                                                                                    
                                                                                                                                
With regard to timeliness she  suggested the language include, "a                                                               
timely manner  concerning the circumstances of  the crime." Also,                                                               
she suggested including  a definition for objectivity  to make it                                                               
clear that what  the prosecutor is proving and what  the court or                                                               
jury is looking  at is that the person knew  or should have known                                                               
about the timely  manner for reporting. Finally,  there should be                                                               
an  objective standard  that the  defendant knew  or should  have                                                               
known that  a violent crime was  occurring and that it  should be                                                               
reported.  That  would  eliminate  the question  about  what  the                                                               
person subjectively believed.                                                                                                   
                                                                                                                                
2:23:04 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if she  had recommended  a provision                                                               
about excluding self incrimination.                                                                                             
                                                                                                                                
MS. HANSEN said  yes, but Patricia Young's  1/17/07 legal opinion                                                               
came  out subsequent  to the  pre-filed bill.  She suggested  the                                                               
committee allow the Department of  Law time to review the opinion                                                               
and consider whether or not a better model might apply.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  asked if she  had an opinion  about whether                                                               
prosecutions would  be more difficult  if the duty to  assist was                                                               
in statute.                                                                                                                     
                                                                                                                                
MS.  HANSEN replied  she  believes  the model  in  the packet  is                                                               
appropriate and she is convinced it's  not unusual to have a duty                                                               
to assist in appropriate situations. She read from the model:                                                                   
                                                                                                                                
     My interest in testifying  is to protect crime victims,                                                                    
     but as a citizen I  think there are situations where it                                                                    
     may not be clear that there  is a crime but it would be                                                                    
     clear that someone is in need of help.                                                                                     
                                                                                                                                
MS. HANSEN  asked the committee  to consider changing  the statue                                                               
to reflect  the model language  to apply to  emergency situations                                                               
where an  objective and reasonable  person would consider  that a                                                               
victim is in need of  assistance to prevent imminent or perceived                                                               
imminent danger of physical harm.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  commented he  could envision  situations in                                                               
remote  locations  in  particular,  where calling  might  not  be                                                               
feasible but assisting would be possible.                                                                                       
                                                                                                                                
MS. HANSEN mentioned the example of  a disabled car in below zero                                                               
temperatures  where  no   one  will  stop  to   offer  help.  She                                                               
emphasized that if you see someone  in that kind of situation and                                                               
you don't have a  cell phone to call for help,  then you ought to                                                               
pull  over.  Furthermore,  there  should be  a  penalty  for  not                                                               
stopping  because the  consequence of  not doing  so can  be very                                                               
serious.                                                                                                                        
                                                                                                                                
2:26:56 PM                                                                                                                    
SENATOR HUGGINS mentioned  an abusive video clip  that was posted                                                               
on MySpace  and commented  that we have  a youthful  culture that                                                               
views that  sort of activity  as recreational. He  questioned the                                                               
affect this law would have in that kind of situation.                                                                           
                                                                                                                                
CHAIR FRENCH said when a  scuffle or shoving incident segues into                                                               
something  more serious,  it's  appropriate to  place  a duty  to                                                               
report on bystanders.                                                                                                           
                                                                                                                                
SENATOR  HUGGINS  mentioned  the confrontation  at  an  Anchorage                                                               
football field where there was  shooting. He didn't know how many                                                               
witnesses there were or how many people called the police.                                                                      
                                                                                                                                
CHAIR FRENCH said he supports an  exception to the duty to report                                                               
if you reasonably believe the crime has already been reported.                                                                  
                                                                                                                                
2:30:00 PM                                                                                                                    
GERAD  GODFREY,  Chairman,  Alaska  Violent  Crimes  Compensation                                                               
Board,  read a  response letter  to the  editor he  wrote several                                                               
years  ago  about  the  duty   to  report  a  violent  crime  and                                                               
specifically  the  Kiva  Friedman  murder.  He  highlighted  that                                                               
although the  crime itself  was despicable,  the fact  that three                                                               
other men  were aware of  the crime and  did nothing to  help the                                                               
suffering woman  was comparably  depraved. Technically  the three                                                               
men weren't accomplices, but it's  deplorable when citizens could                                                               
act  and they  choose not  to. When  one enjoys  the benefits  of                                                               
living in  a civilized society there  is a civic duty  to comport                                                               
with a minimum standard of  decency. Furthermore, this civic duty                                                               
ought to be largely non-negotiable.  In a free society obligatory                                                               
legislation offers a  fine line to tread, but for  the welfare of                                                               
society it warrants treading, he said.                                                                                          
                                                                                                                                
MR.  GODFREY related  his extensive  experience  with victims  of                                                               
violent crime. More often that  you'd expect someone was privy to                                                               
the violence  that was perpetrated  yet elected not  to intervene                                                               
by simply notifying the police.  He expressed the opinion that in                                                               
civilized society there  is no excuse for that.  He applauded Ms.                                                               
Sommer for  sharing her  story and  perusing this  legislation so                                                               
there won't be other cases such as Kiva's.                                                                                      
                                                                                                                                
2:33:08 PM                                                                                                                    
MR.  GODFREY   referenced  the  movie  "Schindler's   List"  that                                                               
chronicles Oscar  Schindler's efforts to save  about 1,200 Jewish                                                               
people  from  concentration  camps  and  said  what  he  did  was                                                               
exceptional.  This   legislation  doesn't  ask  citizens   to  do                                                               
anything  exceptional at  all. It  would simply  require what  is                                                               
akin to common civic decency.                                                                                                   
                                                                                                                                
MR. GODFREY  said the bill  treads a fine constitutional  line in                                                               
that it  would impart  a duty  to act when  there is  no previous                                                               
duty.  Comparing  failure to  report  a  violent crime  with  the                                                               
criminal act of failing to file  an income tax form, he said it's                                                               
easier  to  call the  authorities  than  to  file a  tax  return.                                                               
However,  the  morality  of  the  two  issues  is  chasms  apart.                                                               
Omission  to act  with  regard  to filing  a  tax return  doesn't                                                               
result in suffering  and death, but omission to  act in instances                                                               
like Kiva Friedman's makes a difference  in whether or not a life                                                               
is saved.                                                                                                                       
                                                                                                                                
Kiva died of injuries that could  have been treated had the three                                                               
men  called for  assistance when  they became  privy to  what was                                                               
happening.  However, it's  not just  Kiva's survival  to consider                                                               
it's also  the reverberating  impact to  the secondary  victims -                                                               
husbands, wives,  and children  - whose  lives are  destroyed. He                                                               
encouraged  the  committee and  the  Legislature  as a  whole  to                                                               
maintain focus on those victims as well.                                                                                        
                                                                                                                                
2:37:09 PM                                                                                                                    
CHAIR FRENCH found  no questions or further  testimony and closed                                                               
public  testimony on  SB  5  He recapped  three  areas that  need                                                               
further attention:  the timeliness  issue, the exception  for the                                                               
reasonable belief that  the crime has already  been reported, and                                                               
severity - unclassified versus other felony level crimes.                                                                       
                                                                                                                                
CHAIR FRENCH held SB 5 in committee.                                                                                            
                                                                                                                                
At ease from 2:38:03 PM to 2:45:11 PM                                                                                       
                                                                                                                                

Document Name Date/Time Subjects