Legislature(1997 - 1998)

1998-02-18 House Journal

Full Journal pdf

1998-02-18                     House Journal                      Page 2355
HB 439                                                                       
HOUSE BILL NO. 439 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to protection of victims of domestic violence and            
stalking; relating to the crimes of stalking and assault and crimes            
involving domestic violence; relating to violation of a protective             
order, no contact order, and certain testing orders; relating to bail          
and conditions of release in cases involving certain stalkings;                
relating to search warrants; relating to authorized sentences and              
factors in aggravation and mitigation; relating to conditions of               
probation and parole for convictions of certain crimes; relating to            
revocation of parole; and amending Rules 32 and 38, Alaska Rules               
of Criminal Procedure."                                                        
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Administration, 2/18/98                                  
Fiscal note, Dept. of Corrections, 2/18/98                                     
Fiscal note, Dept. of Public Safety, 2/18/98                                   
Zero fiscal note, Dept. of Law, 2/18/98                                        
                                                                               
The Governor's transmittal letter dated February 16, 1998, appears             
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
One of the most important goals of this Administration is safe, healthy        
communities.  This  bill  I am transmitting  will  help make Alaskans          

1998-02-18                     House Journal                      Page 2356
HB 439                                                                       
more secure in their homes and neighborhoods in several ways.  It will         
assist law enforcement in the investigation and prevention of crimes,          
provide more tools to prosecute criminal offenders, clarify the                
management of parolees, and give victims the power to help protect             
themselves from further criminal acts.  The bill specifically targets          
crimes and victims of stalking and domestic violence.                          
                                                                               
Two years ago, the Legislature passed the Domestic Violence                    
Prevention and Victim Protection Act of 1996 (Act), a comprehensive            
approach to the devastating violence that affects so many Alaska               
families.  Domestic violence costs our society dearly in many ways;            
perhaps the most expensive is the passing to members of yet another            
generation the belief that violence is an acceptable way to interact with      
each other.  Since its enactment into law, the Act has had a significant       
impact on the safety of family members in Alaska.  For example, the            
mandatory arrest policy has diffused many dangerous situations, giving         
victims the time to obtain a protective order or take refuge in a shelter.     
Prosecutions for crimes involving domestic violence have increased             
dramatically.  People from diverse areas are participating in training         
programs to increase their effectiveness in helping domestic violence          
victims, including peace officers, medical professionals, and social           
workers.                                                                       
                                                                               
Experience has now shown there are areas where this law can be                 
improved, particularly in protecting victims not covered by the Act.           
Victims of stalking by a non-household member are as much in need              
of protection as victims stalked by a member of the household.  This           
bill provides the procedures to obtain comprehensive civil protection          
orders to prevent stalking, just as is done with protective orders for         
domestic violence.  The bill would make it a class A misdemeanor to            
violate certain provisions of a protective order.  It also amends the          
statutes addressing the pre-trial release, probation, and parole of            
stalkers to provide similar protection to stalking victims as to domestic      
violence victims.                                                              
                                                                               
The bill also increases the stakes for those who commit other crimes           
in addition to stalking or domestic violence.  Fourth degree assaults,         
which are currently misdemeanors, would become third degree class              
C felonies if they were committed while also violating protective              
orders.  The  bill provides that a person who illegally enters a home          

1998-02-18                     House Journal                      Page 2357
HB 439                                                                       
and commits a crime of domestic violence or stalking may be                    
prosecuted for burglary in the first degree, a class B felony, regardless      
of whether the person intended to commit the crime at the time of the          
entry.  The bill also makes violation of a sentencing order to have no         
contact with a victim or witness a class A misdemeanor. These                  
provisions would enhance the ability of law enforcement to keep                
dangerous offenders away from their victims.                                   
                                                                               
The bill puts more teeth into statutes recently enacted into law.  In          
1995 the legislature required the Department of Public Safety to               
establish a deoxyribonucleic acid (DNA) sampling system to help                
identify and prosecute persons who commit serious crimes.  This bill           
requires certain prisoners to provide samples for DNA testing, which           
many have been refusing to do.  Violation of the order is a class A            
misdemeanor.                                                                   
                                                                               
Other provisions of the bill include: clarification for obtaining a search     
warrant to monitor and record conversations; allowing courts to                
consider at sentencing an out-of-state misdemeanor conviction for a            
crime that is a felony in Alaska; and clarification of the Parole Board's      
authority to revoke parole prior to release for noncompliance with             
court-ordered treatment.                                                       
                                                                               
Protection of Alaska's citizens is a goal we must all work to achieve.         
I urge your prompt consideration and passage of this bill.                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"