Legislature(1999 - 2000)
01/22/1999 01:30 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
January 22, 1999
1:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator John Torgerson
Senator Johnny Ellis
MEMBERS ABSENT
Senator Dave Donley
COMMITTEE CALENDAR
SENATE BILL NO. 3
"An Act relating to the crimes of murder, solicitation to commit
murder in the first degree, manslaughter, and criminally negligent
homicide; relating to homicides of children; and relating to the
crime of interference with custody of a child or incompetent
person."
-MOVED OUT OF COMMITTEE
SENATE BILL NO. 4
"An Act relating to establishing an office of victims' rights;
relating to compensation of victims of violent crimes; relating to
eligibility for a permanent fund dividend for persons convicted of
and incarcerated for certain offenses; and amending Rule 16, Alaska
Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and
Rule 501, Alaska Rules of Evidence."
-MOVED CSSB 4(JUD) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 3 - No previous action to report
SB 4 - No previous action to report
WITNESS REGISTER
Mr. Bill Stoltz
Staff to Senator Rick Halford
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 3
Ms. Janice Lienhart
Victims for Justice
619 East 5th Ave.
Anchorage, AK 99501
POSITION STATEMENT: Supported SB 3
Ms. Anne Carpeneti
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on SB 3
Ms. Karen Johnston
Victims for Justice
619 East 5th Ave.
Anchorage, AK 99501
POSITION STATEMENT: Supported SB 4
Ms. Charlotte Phelps
Victims for Justice
619 East 5th Ave.
Anchorage, AK 99501
POSITION STATEMENT: Supported SB 4
Ms. Linda Tillsworth
PO Box 770255
Eagle River, AK 9957
POSITION STATEMENT: Supported SB 3
Ms. Susan Browne
Violent Crimes Compensation Board
PO Box 111200
Juneau, AK 99811
POSITION STATEMENT: Commented on SB 3 and SB 4
Ms. Mona Maehara
Acting Director
Council on Domestic Violence and Sexual Assault
PO Box 111200
Juneau, AK 99811
POSITION STATEMENT: Commented on SB 4
Mr. Brett Huber
Staff to Senator Rick Halford
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 4
ACTION NARRATIVE
TAPE 99-2, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:32 and brought up Senate Bill 3 as the first order of
business. CHAIRMAN TAYLOR also noted that SENATOR RANDY PHILLIPS
was in attendance.
SB 3 - CRIMES OF MURDER & CHILD MURDERS
MR. BILL STOLTZ, staff to Senator Rick Halford explained to the
committee that this is a bill that went through the Legislature
last year. SB 3 establishes more severe consequences for the
killing of a child and gives the courts an additional tool to deal
with crimes involving the murder of children. SB 3 also
significantly changes sentencing provisions for child homicide. MR.
STOLTZ said the bill also adds a section to make conspiracy to
commit child murder and solicitation of child murder carry the same
penalty and creates a new category of first degree murder when the
death of a child results from kidnaping or sexual assault. MR.
STOLTZ also reported SB 3 expands the list of offenses constituting
felony murder to include sexual abuse of a minor in the first and
second degrees and elevates criminally negligent homicide from a
class C to a class B felony. Furthermore, SB 3 establishes a
twenty-year minimum mandatory sentence for a conviction of child
murder and increases the penalty for manslaughter when the victim
is under the age of sixteen. Finally, SB 3 establishes the crime
of custodial interference. Generally, MR. STOLTZ commented that
children are vulnerable members of society and this bill serves as
a memorial for the victims of crimes in which the perpetrators were
never commensurately punished.
SENATOR TORGERSON asked if the bill is substantially the same as
last year and MR. STOLTZ replied it is, only the section on
solicitation had been added.
Number 105
MS. JANET LIENHART spoke in support of SB 3 and said kids should
count as well as adults. CHAIRMAN TAYLOR thanked MS. LEINHART for
her time and effort on this issue.
CHAIRMAN TAYLOR noted for the record that the committee had
received a letter from Mr. Dean Guaneli, Department of Law, in
support of the bill.
MS. ANNE CARPENETI, representing the Department of Law, testified
that the department does support this legislation.
Number 169
SENATOR HALFORD moved SB 3 from committee with individual
recommendations. Without objection, it was so ordered.
SB 4-OFFICE OF VICTIMS' ADVOCACY
SENATOR HALFORD noted that this same legislation passed the Senate
last session and came very close to passing the House.
Number 185
MR. BRETT HUBER, staff to SENATOR HALFORD, presented the bill as a
mechanism for the application of the Victims' Rights Amendment
passed in 1994. The bill establishes an office to assist crime
victims in obtaining the rights guaranteed to them under the
Victims' Rights Amendment. MR. HUBER said that too often victims
are left to deal with a complex judicial system heavily weighted to
the benefit of criminals; SB 4 would provide these victims a
knowledgeable advocate. MR. HUBER stressed that this bill would not
negate the duty of the prosecutor's office nor preclude the need
for organizations such as Victims' for Justice.
MS. CHARLOTTE PHELPS, a victims' advocate, expressed her support
for SB 4 and described her own experience as a victim. MS. PHELPS
explained that often a victim is re-victimized by the judicial
process.
Number 240
MS. ANNE CARPENETI, representing the criminal division of the
Department of Law, expressed the department's concern for crime
victims and said the department favors legislation that helps
victims.
MS. CARPENETI also communicated the concerns of the department in
regard to SB 4. MS. CARPENETI stated that she believes the
department already makes a good effort to deliver services to crime
victims and the involvement of another attorney as a victims'
advocate might somehow hinder prosecution of a case. MS. CARPENETI
brought forth an amendment to deal with this possibility and wished
to include the deletion of "crime victims and" on page 6, line 26.
MS. CARPENETI suggested that this would ensure victims could
exercise their rights to free speech.
MS. CARPENETI said this bill allows an advocate to speak on behalf
of a victim if the victim so wishes. MS. CARPENETI remarked that
the victim is the best person to speak on his or her own behalf and
the advocate likely would not be more compelling than the district
attorney. MS. CARPENETI said the department has no objection to
increasing the limits on violent crimes compensation but hopes it
will not be to the detriment of other programs.
Number 329
SENATOR HALFORD moved the text brought forward by MS. CARPENETI,
along with the suggested deletion of "crime victims and" on page 6,
line 26 as Amendment #1.
SENATOR TORGERSON objected to ask MS. CARPENETI for an example of
how an advocate might discourage a victim from cooperating with the
prosecution. MS. CARPENETI explained that in certain cases, such as
domestic violence, victims may not wish to testify. MS. CARPENETI
said the department does not force victims to testify in such cases
and merely proceeds without their testimony. She stressed that the
advocate would want to be very careful not to discourage the
victim's testimony. SENATOR TORGERSON commented that the whole
issue seems vague to him. MS. CARPENETI replied the department
would be willing to work on the language in order to make this
provision more explicit.
Number 369
SENATOR HALFORD noted that the word "could" in this provision seems
somewhat broad and might be better replaced with "would." MS.
CARPENETI agreed that might be better.
SENATOR TORGERSON asked what the consequences would be if an
attorney violated this provision. MS. CARPENETI admitted an
advocate is appointed for five years and it would likely depend on
how serious the violation was.
Number 395
CHAIRMAN TAYLOR concluded that a conflict of interest could arise
in cases where the victim is also a suspect. CHAIRMAN TAYLOR noted
some distinctions between perpetrator and victim tend to blend in
certain situations and this might create a very difficult position
for the advocate in advising a victim of his or her rights.
Number 441
MS. KAREN JOHNSTON testified via teleconference from Anchorage in
favor of SB 4. MS. JOHNSTON recounted her personal experience with
the judicial process after the murder of her former husband. MS.
JOHNSTON asserted that victims desperately need information and
open channels of communication in order to deal with their grief.
MS. LINDA TILLSWORTH spoke to the $50,000 cap on compensation for
the victims of violent crime. MS. TILLSWORTH remarked that her
family, as crime victims, can never be adequately compensated and
the (approximately) $50,000 they have received has not been
sufficient to cover the counseling they need to restore their
family to some degree of normalcy. MS. TILLSWORTH said compensation
levels should be increased.
Number 533
CHAIRMAN TAYLOR thanked MS. TILLSWORTH for her efforts and assured
her that her hard work has made an impact.
MS. JANICE LEINHART, with Victims for Justice, remarked that she is
amazed that defendants in violent crime cases get an attorney and
victims do not. MS. LEINHART said currently victims' advocacy
services are available in urban centers but not in rural Alaska.
MS. LEINHART stressed the victims' need to speak for themselves.
She did not know if there is a way to legislate this, but she knows
the value of this in the healing process. CHAIRMAN TAYLOR agreed
that it is very important for a victim to be able to express
themselves and to be heard. CHAIRMAN TAYLOR explained that an
advocate speaking on behalf of a victim somewhat dilutes the
process and a victim speaking on his or her own behalf speaks
better to the entire process.
TAPE 99-2, SIDE B
Number 583
MS. MONA MAEHARA, Acting Director of the Council on Domestic
Violence and Sexual Assault (CDVSA), testified that CDVSA does not
oppose SB 4 and agrees with the concept. MS. MAEHARA stated that
there are currently 22 agencies across the state providing victims'
advocacy in addition to the victim/witness coordinators provided by
the Department of Law. Her concern is that a new victims' advocacy
service may compete for the limited state and federal resources
currently available.
Number 559
MS. SUSAN BROWNE, Administrator of the Violent Crimes Compensation
Board, thanked the committee and SENATOR HALFORD in particular for
the work on victims' rights issues. MS. BROWNE reported that SB 4
will increase the statutory limit on compensation and therefore the
Violent Crimes Compensation Board shows a positive fiscal note. MS.
BROWNE commented that the section which allows an increase in
compensation is difficult to understand. MS. BROWNE also noted SB
4 would require the board to adopt regulations, a new
administrative task which would require time and some increase in
bureaucracy.
MS. BROWNE mentioned competition for funds is also a concern and
SENATOR HALFORD replied competition for funds is not the intent.
Number 523
SENATOR HALFORD modified his motion to include a technical change
to the proposed amendment: the change from "could" to "would".
Without objection it was determined this was merely a technical
amendment to Amendment #1 and the amendment was changed to "would".
SENATOR ELLIS asked about the $50,000 limit on compensation and MR.
HUBER explained SB 4 increases available compensation to $40,000 -
$50,000 in cases of homicide and $20,000 - $25,000 in other cases
and ties the level of compensation in the future to the Consumer
Price Index (CPI). SB 4 also increases the number of people who
become ineligible for the Permanent Fund Dividend (PFD), thus
increasing the total pool of available funds.
Number 459
SENATOR ELLIS asked if this level of compensation is adequate and
realistic. CHAIRMAN TAYLOR replied that there is no way to
compensate for the true loss to victims, the dollar amount of
compensation is only a guideline for the board to follow and the
increase in the cap under SB 4 would be the first in many years.
SENATOR ELLIS stated he shares CHAIRMAN TAYLOR'S concern about the
distinction between suspects and victims. CHAIRMAN TAYLOR remarked
that the advocates that will be hired will have to walk a very fine
line.
Number 423
SENATOR ELLIS asked if any other states are doing anything like
this. MR. BRETT HUBER replied there is nothing specific regarding
the distinction between victims and suspects. MR. HUBER noted that
Alaska has a unique constitution in regard to victims' rights. He
added that the qualifications for becoming an advocate are the same
as those of a magistrate and require substantial experience with
the criminal justice system. SENATOR HALFORD concluded this
distinction is a matter that must be left to the discretion of the
advocates since "under suspicion" is not a category that allows for
the removal of any constitutional rights.
Number 400
CHAIRMAN TAYLOR asked if there was any objection to Amendment #1 as
modified. Hearing none, Amendment #1 passed.
Number 395
SENATOR HALFORD moved CSSB 4(JUD) out of committee with individual
recommendations. Without objection, it was so ordered.
Having no further business to come before the committee, CHAIRMAN
TAYLOR adjourned the judiciary committee meeting at 2:40 p.m.
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