03/27/1995 10:40 AM Senate FIN

                                                                               
  CS FOR HOUSE BILL NO. 26(JUD)                                                
                                                                               
       An  Act  amending  Rule 15,  Alaska  Rules  of Criminal                 
       Procedure, relating to depositions.                                     
                                                                               
  Co-chairman Halford directed  that CSHB 26 (Jud)  be brought                 
  on for discussion.   Representative Parnell, sponsor  of the                 
  legislation, came before  committee.  He explained  that the                 
                                                                               
                                                                               
  bill would amend  Rule 15  of the Alaska  Rules of  Criminal                 
  Procedure, governing depositions in criminal  cases.  At the                 
  present time, Rule 15 allows a deposition to be taken upon a                 
  showing  of good  cause.  The  problem is that  the rule has                 
  become  a  tool  for  aggressive  harassment  of  witnesses,                 
  particularly victims of sexual assault.   In federal courts,                 
  instead of showing good  cause, a party is required  to show                 
  exceptional circumstances for taking  the deposition.   That                 
  makes  sense.   The  proposed  bill  attempts  to raise  the                 
  current state standard for the deposition to "an exceptional                 
  circumstances standard."   In the  typical case, the  victim                 
  has already given a recorded statement to the police and the                 
  grand jury.  Those statements are available to the  defense.                 
                                                                               
                                                                               
  The bill has broad-based support and  is accompanied by zero                 
  fiscal notes.                                                                
                                                                               
  Senator  Randy  Phillips  inquired  concerning  the  impetus                 
  behind the  legislation.   Representative Parnell  explained                 
  that Mr. McNally, Chief of  the Criminal Division, Dept.  of                 
  Law, highlighted ten changes to existing criminal rules that                 
  would be of benefit.  This  is one of those recommendations.                 
  The Representative advised that he worked closely with staff                 
  at the Dept. of Law to develop the proposed legislation.  He                 
  further advised that  department staff was present  to speak                 
  to the bill.                                                                 
                                                                               
  Senator Phillips  MOVED for  passage of  CSHB 26  (Jud) with                 
  individual recommendations and  the accompanying zero fiscal                 
  notes.  No objection  having been raised, CSHB 26  (Jud) was                 
  REPORTED OUT  of committee with  zero notes from  the Alaska                 
  Court System, Dept. of Law, and Dept. of Public Safety.  Co-                 
  chairmen  Halford and  Frank and Senators  Phillips, Rieger,                 
  and  Sharp signed  the  committee report  with  a "do  pass"                 
  recommendation.  Senator Zharoff signed "no recommendation."