02/10/2012 01:30 PM Senate JUDICIARY

        SB 135-CONTINUANCES IN CRIMINAL TRIALS; VICTIMS                                                                     
                                                                                                                                
1:33:59 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 135 and asked for                                                               
a motion to adopt the work draft committee substitute (CS).                                                                     
                                                                                                                                
SENATOR  PASKVAN moved  to bring  CSSB 135,  labeled 27-LS0966\M,                                                               
before the committee for purposes of discussion.                                                                                
                                                                                                                                
CHAIR  FRENCH announced  that, without  objection, version  M was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:34:35 PM                                                                                                                    
LILA HOBBS,  staff to Senator Hollis  French, said the CS  for SB
 makes four minor changes.                                                                                                   
                                                                                                                                
1) Section  2 amends AS  12.61.015(a)(5) on page 4,  lines 12-15,                                                               
providing a definition of "substantially  delay" in the instances                                                               
of  misdemeanor, felony  and  an appeal.  For  a misdemeanor,  it                                                               
would be a delay  of one month or longer; for  a felony, it would                                                               
be a delay of  two months or longer; and for  an appeal, it would                                                               
be a delay of six months or longer.                                                                                             
                                                                                                                                
2) Section 3, page 4, line 24, removes the word "only."                                                                         
                                                                                                                                
3)  Section 3,  page 4,  line 25,  adds the  terms "if  known" to                                                               
account for  the instances where  the victim cannot  be contacted                                                               
or does  not wish  to participate. This  is to  avoid inadvertent                                                               
delay when  trying to send  notice of a  request to a  victim who                                                               
does not want notifications.                                                                                                    
                                                                                                                                
4)  Section 4,  page 5,  line  4, adds  the terms  "if known"  to                                                               
account for the aforementioned circumstances.                                                                                   
                                                                                                                                
1:36:29 PM                                                                                                                    
ANNE  CARPENETI,  Assistant  Attorney  General  representing  the                                                               
Criminal Division,  Department of  Law (DOL), related  that Nancy                                                               
Meade with the Alaska Court  System suggested the changes to Rule                                                               
45. The  DOL agrees that adding  the terms "if known"  will avoid                                                               
delay  in instances  where  the victim  can't  be contacted.  She                                                               
expressed appreciation that DOL's  suggestion to provide guidance                                                               
as to  what constitutes "substantial  delay" was  incorporated in                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR FRENCH commented  that the suggestions put  more teeth into                                                               
giving  consideration to  victims' wishes  when continuances  are                                                               
granted.                                                                                                                        
                                                                                                                                
1:37:55 PM                                                                                                                    
SENATOR PASKVAN  moved to report CS  for SB 135, version  M, from                                                               
committee with  individual recommendations and attached  zero and                                                               
indeterminate fiscal notes.                                                                                                     
                                                                                                                                
CHAIR  FRENCH announced  that, without  objection, CSSB  135(JUD)                                                               
moved from the Senate Judiciary Standing Committee.