Legislature(2005 - 2006)BUTROVICH 205

03/31/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 124 COLLECTION OF DNA/USE OF FORCE TELECONFERENCED
Moved SCS HB 124(JUD) Out of Committee
+ SB 20 OFFENSES AGAINST UNBORN CHILDREN TELECONFERENCED
Scheduled But Not Heard
+ SB 54 PROTECTIVE ORDERS FOR SEXUAL ASSAULT TELECONFERENCED
Moved CSSB 54(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 117 RECORDED STATEMENTS OF CHILD VICTIMS
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 31, 2005                                                                                         
                           8:36 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 124 am                                                                                                           
"An Act relating to the collection  of, and the use of reasonable                                                               
force  to collect,  a deoxyribonucleic  acid sample  from persons                                                               
convicted of or adjudicated delinquent for certain crimes."                                                                     
                                                                                                                                
     MOVED SCS HB 124(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 20                                                                                                              
"An Act relating to offenses against unborn children."                                                                          
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 54                                                                                                              
"An Act  relating to notification  to victims of  sexual assault;                                                               
relating  to  protective  orders;  and relating  to  arrests  for                                                               
crimes involving sexual assault,  violation of protective orders,                                                               
or violation of conditions of release."                                                                                         
                                                                                                                                
     MOVED CSSB 54(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 117                                                                                                             
"An Act relating to the  admissibility into evidence of the prior                                                               
recorded statement of  a crime victim less than 16  years of age;                                                               
and  adding Rule  413,  Alaska Rules  of  Evidence, and  amending                                                               
Rules 402 and 403, Alaska Rules of Evidence."                                                                                   
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 124                                                                                                                  
SHORT TITLE: COLLECTION OF DNA/USE OF FORCE                                                                                     
SPONSOR(s): REPRESENTATIVE(s) ANDERSON                                                                                          
                                                                                                                                
02/02/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/02/05       (H)       JUD, FIN                                                                                               
02/23/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/23/05       (H)       Moved Out of Committee                                                                                 
02/23/05       (H)       MINUTE(JUD)                                                                                            
02/24/05       (H)       JUD RPT 3DP 2NR                                                                                        
02/24/05       (H)       DP: GRUENBERG, ANDERSON, MCGUIRE;                                                                      
02/24/05       (H)       NR: COGHILL, GARA                                                                                      
02/25/05       (H)       FIN REFERRAL WAIVED                                                                                    
03/02/05       (H)       RETURNED TO RLS COMMITTEE                                                                              
03/07/05       (H)       TRANSMITTED TO (S)                                                                                     
03/07/05       (H)       VERSION: HB 124 AM                                                                                     
03/08/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/05       (S)       JUD                                                                                                    
03/31/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 54                                                                                                                   
SHORT TITLE: PROTECTIVE ORDERS FOR SEXUAL ASSAULT                                                                               
SPONSOR(s): SENATOR(s) DYSON                                                                                                    
                                                                                                                                
01/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/14/05       (S)       STA, JUD                                                                                               
02/17/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/17/05       (S)       Heard & Held                                                                                           
02/17/05       (S)       MINUTE(STA)                                                                                            
03/15/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/15/05       (S)       Moved CSSB 54(STA) Out of Committee                                                                    
03/15/05       (S)       MINUTE(STA)                                                                                            
03/16/05       (S)       STA RPT CS 1NR 4AM NEW TITLE                                                                           
03/16/05       (S)       NR: THERRIAULT                                                                                         
03/16/05       (S)       AM: DAVIS, ELTON, WAGONER, HUGGINS                                                                     
03/16/05       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/31/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 117                                                                                                                  
SHORT TITLE: RECORDED STATEMENTS OF CHILD VICTIMS                                                                               
SPONSOR(s): SENATOR(s) FRENCH                                                                                                   
                                                                                                                                
02/28/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/05       (S)       JUD, FIN                                                                                               
03/10/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/10/05       (S)       Scheduled But Not Heard                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Jason Hooley                                                                                                                
Staff to Senator Dyson                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced SB 54                                                                                         
                                                                                                                                
Ms. Anne Carpeneti, Attorney                                                                                                    
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 54                                                                                       
                                                                                                                              
Ms. Carrie Robinson, Attorney                                                                                                   
Alaska Network on Domestic Violence and Sexual Assault                                                                          
PO Box 20891                                                                                                                    
Juneau, AK 99802                                                                                                                
POSITION STATEMENT:  Testified in support of SB 54                                                                            
                                                                                                                              
Ms. Carin Robinson, Lobbyist                                                                                                    
Alaska Women's Lobby                                                                                                            
PO Box 33702                                                                                                                    
Juneau, AK 99803                                                                                                                
POSITION STATEMENT:  Testified in support of SB 54                                                                            
                                                                                                                                
Representative Tom Anderson                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 124                                                                                        
                                                                                                                                
Senator Hollis French                                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced SB 117                                                                                        
                                                                                                                                
Sergeant Dave Parker                                                                                                            
Anchorage Police Department                                                                                                     
4501 S. Bragaw St.                                                                                                              
Anchorage, AK 99507                                                                                                             
POSITION STATEMENT:  Testified in support of SB 117                                                                           
                                                                                                                                
Detective Kevin Vandegriff                                                                                                      
Anchorage Police Department                                                                                                     
4501 S. Bragaw St.                                                                                                              
Anchorage, AK 99507                                                                                                             
POSITION STATEMENT:  Testified in support of SB 117                                                                           
                                                                                                                                
Ms. Amy Kobalinski, Program Coordinator                                                                                         
Alaska Care Advocacy Center                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of SB 117                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:36:55 AM.  Present were Senators                                                             
Hollis French, Charlie Huggins,  Gene Therriault, Gretchen Guess,                                                               
and Chair Ralph Seekins.                                                                                                        
                                                                                                                                
CHAIR SEEKINS  informed the  committee SB 20  was delayed  at the                                                               
request of the sponsor.                                                                                                         
                                                                                                                                
           SB 54-PROTECTIVE ORDERS FOR SEXUAL ASSAULT                                                                       
                                                                                                                                
8:37:27 AM                                                                                                                    
MR.  JASON HOOLEY,  staff  to Senator  Dyson,  introduced SB  54.                                                               
Sexual assault in Alaska is  three times the national average. SB                                                               
54 creates the availability of  protective orders for victims. SB                                                               
54 involves  only sexual assault  that falls outside  of domestic                                                               
violence. Version  \P changes the  location of the  provisions to                                                               
be inserted with  the current stalking provisions.  There will be                                                               
a section for domestic violence  protective order in AS 18.66 and                                                               
a section in AS 18.65 for stranger assaults.                                                                                    
                                                                                                                                
8:39:25 AM                                                                                                                    
SENATOR  GENE   THERRIAULT  moved  Version  \P   as  the  working                                                               
document. Hearing no objections, the motion carried.                                                                            
                                                                                                                                
8:39:49 AM                                                                                                                    
SENATOR HOLLIS  FRENCH clarified  Version \P adds  sexual assault                                                               
to  the stalking  law and  does  not make  any other  substantive                                                               
changes.                                                                                                                        
                                                                                                                                
MR. HOOLEY agreed.                                                                                                              
                                                                                                                                
SENATOR  FRENCH  asked  whether  sexual  abuse  of  a  minor  was                                                               
included in SB 54.                                                                                                              
                                                                                                                                
MR. HOOLEY  answered Section  10 gives  the definition  of sexual                                                               
assault, which  references another section that  includes second,                                                               
third, and fourth degree sexual assault and incest.                                                                             
                                                                                                                                
8:41:29 AM                                                                                                                    
MS.  ANNE  CARPENETI,  Department  of  Law  (DOL),  testified  in                                                               
support of  SB 54. She  suggested one  change in Section  9, line                                                               
28, which  would require the  petitioner to research  priors. She                                                               
suggested  adding the  words "must,  if known,"  to include  that                                                               
information.                                                                                                                    
                                                                                                                                
8:43:46 AM                                                                                                                    
SENATOR GRETCHEN GUESS asked Ms.  Carpeneti whether Section 9 was                                                               
needed.                                                                                                                         
                                                                                                                                
MS. CARPENETI  aired Section 9  was not  needed as it  requires a                                                               
victim to volunteer personal information.                                                                                       
                                                                                                                                
SENATOR  FRENCH asked  if there  was a  similar provision  in the                                                               
domestic violence statutes.                                                                                                     
                                                                                                                                
MS. CARPENETI  responded yes,  which makes  sense because  of the                                                               
relationship. SB 54 relates to stranger stalking.                                                                               
                                                                                                                                
SENATOR   FRENCH   suggested   striking  the   words,   "or   the                                                               
respondent".                                                                                                                    
                                                                                                                                
8:45:18 AM                                                                                                                    
CHAIR  SEEKINS  commented  there  might be  a  pending  civil  or                                                               
criminal action between the respondent and the petitioner.                                                                      
                                                                                                                                
MS.  CARPENETI suggested  re-wording to  say, "...pending  action                                                               
between the parties."                                                                                                           
                                                                                                                                
CHAIR  SEEKINS said  when a  petitioner knows  of other  criminal                                                               
action  for a  similar offense  against someone  else, the  court                                                               
should be alerted.                                                                                                              
                                                                                                                                
8:46:50 AM                                                                                                                    
SENATOR THERRIAULT  asked Ms.  Carpeneti whether  the information                                                               
would be entered into the court regardless.                                                                                     
                                                                                                                                
MS. CARPENETI responded yes, as admissible evidence.                                                                            
                                                                                                                                
SENATOR THERRIAULT  suggested Section  9 attempts to  ensure full                                                               
disclosure of any relationship between the two parties.                                                                         
                                                                                                                                
8:48:38 AM                                                                                                                    
MS. CARPENETI  expressed concern  about requiring  the petitioner                                                               
to research information regarding the defendant.                                                                                
                                                                                                                                
CHAIR SEEKINS  agreed. He proposed  on lines  28 and 31,  add the                                                               
word, "known" after "of."                                                                                                       
                                                                                                                                
SENATOR  GUESS  agreed.  She  asked  Ms.  Carpeneti  whether  the                                                               
petitioner would  have to disclose  any civil or  criminal action                                                               
that has nothing to do with the order.                                                                                          
                                                                                                                                
MS. CARPENETI advised the court would be interested in knowing.                                                                 
                                                                                                                                
8:51:12 AM                                                                                                                    
CHAIR  SEEKINS asserted  it is  important for  the court  to know                                                               
when there is a history between the parties.                                                                                    
                                                                                                                                
SENATOR  GUESS expressed  concern  that a  person  would have  to                                                               
disclose unnecessary personal information.                                                                                      
                                                                                                                                
8:53:46 AM                                                                                                                    
SENATOR  FRENCH   suggested  there   could  be  times   when  the                                                               
information is  relevant. He said  it does  not seem like  a huge                                                               
burden to require a party to disclose pending cases.                                                                            
                                                                                                                                
8:57:11 AM                                                                                                                    
SENATOR FRENCH  proposed Amendment 1.  Section 9, line  29, after                                                               
the  word, "respondent"  add the  words, "if  known." Hearing  no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
8:58:03 AM                                                                                                                    
MS.  CARRIE  ROBINSON,  attorney,   Alaska  Network  on  Domestic                                                               
Violence and Sexual Assault, testified in support of SB 54.                                                                     
                                                                                                                                
MS. CARIN  ROBINSON, Alaska Women's  Lobby, testified  in support                                                               
of SB 54.                                                                                                                       
                                                                                                                                
8:59:57 AM                                                                                                                    
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved CSSB  54(JUD) from  committee with                                                               
individual recommendations  and accompanying fiscal  notes. There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:00:31 AM.                                                                         
                                                                                                                                
           HB 124 AM -COLLECTION OF DNA/USE OF FORCE                                                                        
9:09:53 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 124 to be up for consideration.                                                                
                                                                                                                                
9:10:09 AM                                                                                                                    
REPRESENTATIVE  TOM  ANDERSON,  sponsor, explained  that  HB  124                                                               
relates to the law enforcement  aspect of collecting DNA samples.                                                               
Last  year the  statutes were  expanded to  ensure all  felons or                                                               
sexual misdemeanants would  have to submit a  DNA sample. Missing                                                               
was  the ability  for probation  or corrections  officers to  use                                                               
reasonable  force to  get  a  convicted felon  to  submit to  DNA                                                               
sampling.  HB 124  addresses that  shortcoming  and absolves  the                                                               
officers of any liability associated with using force.                                                                          
                                                                                                                                
HB  124  expands  the  types  of  convictions  that  require  DNA                                                               
registration  by  requiring  that  anyone in  the  state  who  is                                                               
convicted  of a  crime similar  to  crimes against  a person,  or                                                               
felonies  under  AS 11  or  AS  28.35  would  be subject  to  DNA                                                               
collection. The  bill would  also include  municipal misdemeanors                                                               
including: assault,  child abuse,  indecent exposure  on premises                                                               
open  to  minors,  assault  on a  police  officer,  and  domestic                                                               
assault and  battery. This would  address the  municipal loophole                                                               
that  doesn't   require  collection  of  DNA   samples  for  such                                                               
violations.                                                                                                                     
                                                                                                                                
9:13:31 AM                                                                                                                    
REPRESENTATIVE  ANDERSON   noted  the  committee   heard  similar                                                               
legislation sponsored  by Senator  Bunde and  he agreed  with the                                                               
changes  the  committee made  to  that  bill.  He said  he  would                                                               
include those recommendations  in his bill, which  would make the                                                               
legislation very effective for Alaska.                                                                                          
                                                                                                                                
9:14:25 AM                                                                                                                    
CHAIR SEEKINS asked Representative Anderson  if any of the Senate                                                               
Standing  Judiciary   Committee  changes  made  to   SB  95  were                                                               
objectionable.                                                                                                                  
                                                                                                                                
REPRESENTATIVE   ANDERSON  replied   he  agrees   with  codifying                                                               
immunity to corrections  and parole officers so  that they cannot                                                               
be sued for collecting DNA samples.  The other change to SB 95 is                                                               
the applicability section, which  requires people who are already                                                               
in prison to submit to DNA sampling.                                                                                            
                                                                                                                                
9:15:50 AM                                                                                                                    
CHAIR SEEKINS asked  the sponsor if he would object  to using the                                                               
language currently in SB 95  as a Senate committee substitute for                                                               
HB 124.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  ANDERSON replied  he  would recommend  it and  he                                                               
thought the Department of Law would support it as well.                                                                         
                                                                                                                                
SENATOR GENE  THERRIAULT asked  if anything in  the title  of the                                                               
Senate bill caused concern.                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON said no.                                                                                                
                                                                                                                                
SENATOR  THERRIAULT moved  the title  and text  of HB  124 AM  be                                                               
deleted and  replaced with the  title and text from  CSSB 95(JUD)                                                               
Version \Y. Hearing no objection, the motion carried.                                                                           
                                                                                                                                
9:17:25 AM                                                                                                                    
SENATOR  THERRIAULT  asked whether  the  chair  had received  any                                                               
departmental expression of concern  regarding the wording on CSSB                                                               
95(JUD).                                                                                                                        
                                                                                                                                
CHAIR SEEKINS  said all visual  indications are that the  bill is                                                               
good to go and he was ready for a motion.                                                                                       
                                                                                                                                
9:17:51 AM                                                                                                                    
SENATOR  THERRIAULT moved  SCS HB  124(JUD)  and attached  fiscal                                                               
notes  from  committee  with  individual  recommendations.  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:18:28 AM.                                                                         
                                                                                                                                
CHAIR SEEKINS reconvened the meeting at 9:26:30 AM.                                                                           
                                                                                                                                
          SB 117-RECORDED STATEMENTS OF CHILD VICTIMS                                                                       
9:26:30 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 117 to be up for consideration.                                                                
                                                                                                                                
SENATOR  HOLLIS  FRENCH  moved  Version  \F  to  be  the  working                                                               
document  for the  committee. Hearing  no objections,  the motion                                                               
carried.                                                                                                                        
                                                                                                                                
9:26:58 AM                                                                                                                    
SENATOR FRENCH introduced  SB 117. Young victims of  crime do not                                                               
get  a  fair  shake  in  Alaska courtrooms.  SB  117  would  make                                                               
recorded  statements of  victims  under 16  admissible in  Alaska                                                               
courts if the statements were  conducted under certain conditions                                                               
and  if  the  victim  is   present  during  the  proceedings  and                                                               
available  for testimony.  Forensic interviews  are conducted  at                                                               
safe,  child friendly  environments.  Interviewers are  specially                                                               
trained to  work with children. Professionals  and advocates work                                                               
together  with the  safety of  the  children as  a top  priority.                                                               
Recorded statements are more useful  than court testimony because                                                               
children  are intimidated  by  formal  questioning in  unfamiliar                                                               
surroundings.                                                                                                                   
                                                                                                                                
9:28:54 AM                                                                                                                    
Advocacy  centers  allow  children  to slowly  tell  their  story                                                               
without pressure in a nurturing and non-threatening setting.                                                                    
                                                                                                                                
9:31:02 AM                                                                                                                    
SENATOR FRENCH  added SB 117  allows the  jury to see  the entire                                                               
story  while  preserving  the  cross   examining  rights  of  the                                                               
accused.                                                                                                                        
                                                                                                                                
9:32:24 AM                                                                                                                    
SENATOR GENE  THERRIAULT asked Senator  French to  affirm current                                                               
law considers a taped statement to be hearsay.                                                                                  
                                                                                                                                
SENATOR FRENCH confirmed. The law  prefers to have live testimony                                                               
on the stand.                                                                                                                   
                                                                                                                                
9:33:01 AM                                                                                                                    
SENATOR  THERRIAULT  commented  Child Advocacy  Centers  are  not                                                               
available across the state.                                                                                                     
                                                                                                                                
SENATOR FRENCH agreed.                                                                                                          
                                                                                                                                
9:35:23 AM                                                                                                                    
SENATOR GRETCHEN  GUESS asked whether  the child must  be present                                                               
during the entire court proceeding.                                                                                             
                                                                                                                                
SENATOR  FRENCH  answered  the   crucial  aspect  is  for  cross-                                                               
examination purposes.                                                                                                           
                                                                                                                                
MS. CARPENETI  interjected a child  would not have to  be present                                                               
for the entire trial.                                                                                                           
                                                                                                                                
9:37:25 AM                                                                                                                    
SENATOR  THERRIAULT  asked  Ms. Carpeneti  whether  courts  allow                                                               
closed circuit television (CCTV) to be used.                                                                                    
                                                                                                                                
MS.  CARPENETI responded  yes,  it  is live  and  the witness  is                                                               
present in the next room, so the testimony is allowed.                                                                          
                                                                                                                                
CHAIR  SEEKINS  commented  "available  to  testify"  is  an  all-                                                               
inclusive term.                                                                                                                 
                                                                                                                                
MS. CARPENETI agreed.                                                                                                           
                                                                                                                                
SENATOR THERRIAULT  asked whether  the child  could be  forced to                                                               
endure a second interview.                                                                                                      
                                                                                                                                
9:39:01 AM                                                                                                                    
MS. CARPENETI  said the intent  of SB 117  is simply to  have the                                                               
child available to testify.                                                                                                     
                                                                                                                                
CHAIR  SEEKINS  believed  the  recording   would  be  the  direct                                                               
testimony of the  child. The child's presence  would be necessary                                                               
in order to expand on the taped testimony.                                                                                      
                                                                                                                                
SENATOR  THERRIAULT  expressed  the  need for  the  committee  to                                                               
clarify that intent.                                                                                                            
                                                                                                                                
MS. CARPENETI asserted SB 117 was written clearly as is.                                                                        
                                                                                                                                
9:41:51 AM                                                                                                                    
SENATOR THERRIAULT said he was  concerned that a defense attorney                                                               
could force a child on the stand to restate the statement.                                                                      
                                                                                                                                
MS. CARPENETI countered you have to allow that to happen.                                                                       
                                                                                                                                
SENATOR THERRIAULT  agreed but asked  whether the  allegation has                                                               
to be made on the stand.                                                                                                        
                                                                                                                                
SENATOR FRENCH iterated that is not the intent of SB 117.                                                                       
                                                                                                                                
CHAIR  SEEKINS  said  the  testimony would  be  in  the  recorded                                                               
statement.  He  didn't  believe  the child  would  be  forced  to                                                               
restate the allegation but would be forced to answer questions.                                                                 
                                                                                                                                
SENATOR FRENCH  said the cross  examination would lead  the child                                                               
back through every relevant sentence of the recorded statement.                                                                 
                                                                                                                                
9:43:04 AM                                                                                                                    
CHAIR SEEKINS  agreed with Senator Therriault  the state wouldn't                                                               
want  to force  a  child  to have  to  reiterate the  allegations                                                               
already on the tape.                                                                                                            
                                                                                                                                
SENATOR  THERRIAULT said  the defense  attorney would  be looking                                                               
for inconsistency.                                                                                                              
                                                                                                                                
9:44:26 AM                                                                                                                    
SENATOR  THERRIAULT proposed  Amendment  1: Page  1,  line 12  be                                                               
reworded to  say, "the  victim is present  at the  proceeding and                                                               
available  for  cross  examination." Hearing  no  objection,  the                                                               
motion carried.                                                                                                                 
                                                                                                                                
9:46:07 AM                                                                                                                    
SENATOR GUESS  proposed Amendment 2:  Page 1, line 12  strike the                                                               
words  "present at  the proceeding."  Hearing  no objection,  the                                                               
motion carried.                                                                                                                 
                                                                                                                                
9:55:06 AM                                                                                                                    
SENATOR FRENCH  proposed Amendment  3: Page 2,  line 9  after the                                                               
word "has"  add the words  "had an opportunity to..."  Hearing no                                                               
objection, the motion carried.                                                                                                  
                                                                                                                                
9:56:54 AM                                                                                                                    
SERGEANT DAVE  PARKER, Anchorage Police Department,  testified in                                                               
support of  SB 117.  Children face long  delays getting  to court                                                               
and their  memories fade.  It is frustrating  for a  detective to                                                               
see a children's  testimony nullified or disrupted.  SB 117 would                                                               
allow the videotaped interview to speak for the child.                                                                          
                                                                                                                                
9:59:57 AM                                                                                                                    
SENATOR FRENCH asked Sgt. Parker to describe his training.                                                                      
                                                                                                                                
SERGEANT  PARKER  said  he  is  a  certified  trainer  for  child                                                               
forensic  interviewing.  It is  a  three-day  course designed  to                                                               
train investigators to keep from  leading or introducing ideas to                                                               
the child,  which might taint testimony.  The training interviews                                                               
are  watched simultaneously  by a  psychologist or  social worker                                                               
who then gives feedback.                                                                                                        
                                                                                                                                
10:01:46 AM                                                                                                                   
Training  also   deals  with  vocabulary  and   how  to  approach                                                               
children.                                                                                                                       
                                                                                                                                
10:02:12 AM                                                                                                                   
SENATOR FRENCH  asked Sgt.  Parker to describe  the use  of dolls                                                               
during the interview.                                                                                                           
                                                                                                                                
SERGEANT  PARKER  explained  there   are  a  variety  of  options                                                               
available to use  during the interviews. A  child's vocabulary is                                                               
sometimes very  limited. Interviewers  are trained to  study body                                                               
language  and  other  means  expression. A  lot  of  the  child's                                                               
communication  ability is  non-verbal. Video  captures this  body                                                               
language,  as  a  written   transcript  would  not.  Anatomically                                                               
correct dolls are used when children lack the vocabulary.                                                                       
                                                                                                                                
10:04:08 AM                                                                                                                   
A jury  cannot get a clear  picture of what happened  unless they                                                               
are  allowed  to see  how  the  child  responds to  the  forensic                                                               
interview.  SB 117  gives the  weakest members  of society  their                                                               
opportunity to explain what happened.                                                                                           
                                                                                                                                
10:05:33 AM                                                                                                                   
SENATOR FRENCH  asked Sgt.  Parker the  number of  child advocacy                                                               
centers in Alaska.                                                                                                              
                                                                                                                                
SERGEANT PARKER responded they operate  in Anchorage, Mat-Su, and                                                               
Fairbanks.                                                                                                                      
                                                                                                                                
10:07:33 AM                                                                                                                   
CHAIR SEEKINS  asked whether it is  normal for a male  officer to                                                               
question a female child.                                                                                                        
                                                                                                                                
SERGEANT PARKER advised  yes. They have found  that children tend                                                               
to  open  up to  adults  both  male  and female.  Generally  they                                                               
determine  ahead  of time  who  is  best  suited to  perform  the                                                               
interview.                                                                                                                      
                                                                                                                                
10:11:32 AM                                                                                                                   
DETECTIVE   KEVIN   VANDEGRIFF,  Anchorage   Police   Department,                                                               
testified in support of SB  117. Ninety percent of investigations                                                               
involve  sexual abuse  of a  minor.  One critical  aspect is  the                                                               
forensic interview.  They are trained to  ask open-ended question                                                               
designed to  gather information from  child. Training is  done so                                                               
interviews  stand judicial  scrutiny. Children  do not  verbalize                                                               
like adults  and are often  unable to describe what  has occurred                                                               
verbally but they share by demonstration what has occurred.                                                                     
                                                                                                                                
10:14:16 AM                                                                                                                   
DETECTIVE VANDEGRIFF explained  often a jury does not  get to see                                                               
or hear  what has happened  to the child.  They see the  child on                                                               
the stand unable to verbalize what happened.                                                                                    
                                                                                                                                
10:15:49 AM                                                                                                                   
Forty   other  states   have  legislation   authorizing  forensic                                                               
interviewing to be permissible in court proceedings.                                                                            
                                                                                                                                
10:17:10 AM                                                                                                                   
AMY KOBALINSKI, family care coordinator, Alaska Care, testified                                                                 
in support of SB 117. Children are prone to use body language to                                                                
demonstrate what happened to them rather than verbalize.                                                                        
                                                                                                                                
10:19:20 AM                                                                                                                   
CHAIR SEEKINS held SB 117 in committee.                                                                                         
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Seekins adjourned the meeting at 10:19:47 AM.                                                                           

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