Legislature(1997 - 1998)
1998-02-17 Senate Journal
Full Journal pdf1998-02-17 Senate Journal Page 2546 SB 328 SENATE BILL NO. 328 BY THE SENATE 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 Judiciary and Finance Committees. Fiscal notes published today from Department of Administration, Department of Corrections, Department of Public Safety. Zero fiscal note published today from Department of Law. Governors transmittal letter dated February 16: Dear President Miller: One of the most important goals of this Administration is safe, healthy communities. This bill I am transmitting will help make Alaskans 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. 1998-02-17 Senate Journal Page 2547 SB 328 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 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 1998-02-17 Senate Journal Page 2548 SB 328 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