1997-01-29                     House Journal                      Page 0166
HB 93                                                                        
HOUSE BILL NO. 93 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
An Act relating to the collection by victims of restitution from              
prisoners; relating to the definition of 'serious provocation' as a            
defense to murder; relating to the definition of 'incapacitated' for           
sexual offenses; creating the crime of interfering with a report of            
a crime involving domestic violence; relating to the safety of                 
victims, other persons, and the community in setting bail or                   
conditions of release; relating to mental examinations of victims              
in criminal prosecutions; relating to the rights of victims of crimes          
under AS 12.61; relating to access to certain records of the Violent           
Crimes Compensation Board; relating to medical death                           
investigations; amending Alaska Rules of Criminal Procedure 5                  
and 6, Alaska Rules of Evidence 404 and 615, and Alaska                        
Delinquency Rule 3; and providing for an effective date.                       
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Corrections, 1/29/97                                     
Zero fiscal note, Dept. of Health & Social Services, 1/29/97                   
Zero fiscal note, Dept. of Law, 1/29/97                                        
Zero fiscal note, Dept. of Public Safety, 1/29/97                              
                                                                               
                                                                               
The Governors transmittal letter, dated January 27, 1997, appears              
below:                                                                         
                                                                               
Dear Speaker Phillips:                                                         
                                                                               
In a civilized society, people who are criminally wronged by others do         
not seek personal retribution; rather, society seeks justice on behalf of      
the victim.  There have been instances, however, when our efforts to           
insure a fair trial for defendants have caused us to ignore or overlook        
the rights of victims.  In response, the people of Alaska ratified in          
1994 the Rights of Crime Victims amendment to our state Constitution           

1997-01-29                     House Journal                      Page 0167
HB 93                                                                        
as art. I, sec. 24. This bill I transmit to you today will implement the       
victims rights amendment through substantive and procedural changes            
to our law.                                                                    
                                                                               
The bill guarantees a victim has the right to be present at every              
proceeding during a criminal prosecution or delinquency adjudication           
in which the defendant or minor has the right to be present.  Although         
the constitution explicitly provides this right, victims in our state are      
still occasionally excluded from hearings.  This exclusion can be very         
difficult for victims, particularly those who have lost family members         
as a result of the crime.                                                      
                                                                               
                                                                               
The constitutional amendment provides that victims have the right to           
be reasonably protected from a defendant through bail requirements or          
conditions of release prior to the defendants trial.  In the spirit of that    
provision, this bill requires the court to consider the safety of the          
victim when setting bail and imposing conditions of release.                   
                                                                               
The bill also closes up certain loopholes in the law that allow the            
crime of murder to be reduced to manslaughter.  Its clear these                
loopholes were an unintended result of a 1980 change in the law.  In           
addition, provisions in this legislation will make it easier for victims       
to collect restitution from prisoners.                                         
                                                                               
                                                                               
I also feel it is important to address in this bill an unfortunate situation   
that arose from the recent tragic murder of Alaska State Trooper Bruce         
Heck while on duty.  A successful defense request for a subsequent             
autopsy on Trooper Heck delayed his familys plans for cremation.               
This caused needless suffering for a family already stricken with grief.       
A provision in this bill will tighten the parameters for allowing              
subsequent autopsies, in the hope of shielding other families from this        
unnecessary pain.                                                              
                                                                               
Finally, the bill continues the effort I began last year in my legislation     
to fight domestic violence by making it a class A misdemeanor to               
interfere with a person who is attempting to report a domestic violence        
offense to the police.                                                         
                                                                               

1997-01-29                     House Journal                      Page 0168
HB 93                                                                        
The people of Alaska told us in 1994 they want victims rights clearly          
protected in the state Constitution.  This bill will put that public           
sentiment into practice.                                                       
                                                                               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor