04/23/1993 10:00 AM Senate FIN

                                                                               
  CS FOR HOUSE BILL NO. 64(FIN)                                                
                                                                               
       An Act creating the crimes of stalking in the first and                 
       second  degrees  and  providing   penalties  for  their                 
       violation; providing a peace officer with the authority                 
       to arrest without a warrant a person  the peace officer                 
       has reasonable cause to believe has committed stalking;                 
       relating  to  the  release  before  trial of  a  person                 
       accused  of  stalking;  prohibiting the  suspension  of                 
       imposition  of  sentence  of  a  person  convicted   of                 
       stalking; relating to the crime of assault in the third                 
       degree; and providing for an effective date.                            
                                                                               
  Co-chair Pearce  directed that CSHB  64 (Fin) be  brought on                 
  for discussion and referenced SCS CSHB 64 (STA).                             
                                                                               
  REPRESENTATIVE  CYNTHIA  TOOHEY  came  before  committee  in                 
  support of the bill.  She attested to much publicity in 1989                 
  surrounding  the stalking death of actress Rebecca Schaeffer                 
  by an  obsessed fan.   The following  year, four  California                 
  women were murdered by stalkers.  In those cases the victims                 
  had been stalked  and threatened and had  obtained temporary                 
  restraining  orders against  their  assailants.   California                 
  reacted by passing the first  anti-stalking law.  Thirty-two                 
  states have passed similar laws,  and legislation is pending                 
  in fifteen  others.   That action  is the  result of  victim                 
  frustration  with  current   law  enforcement  inability  to                 
  intervene prior to a physical attack upon the victim.                        
                                                                               
  FBI reports  indicate that,  in 1990, 30%  of female  murder                 
  victims were slain by husbands or boyfriends.  Approximately                 
  90% had called the police  at least once seeking protection,                 
  and more than half had called five times or more.                            
                                                                               
  Representative  Toohey  noted  that Alaska  is  not  free of                 
  stalkers.  She  then directed  attention to backup  material                 
  containing  narrative  accounts  of  stalking  incidents  in                 
  Anchorage.                                                                   
                                                                               
                                                                               
  The proposed bill  is modeled after  Michigan law passed  in                 
  December of 1992.  Legislative staff worked closely with the                 
  Dept.  of Law, Dept.  of Public Safety,  Council on Domestic                 
  Violence and  Sexual Assault, law  enforcement agencies, and                 
  constituents   to  develop   the   legislation  now   before                 
  committee.     The  legislation  unanimously   passed  House                 
  committees of referral and the House of Representatives.  It                 
  is accompanied by five zero fiscal notes.                                    
                                                                               
  MARGOT KNUTH, Assistant Attorney General, Criminal Division,                 
  Dept.  of  Law,  came  before committee  in  response  to  a                 
  question   from  Senator   Rieger   concerning  a   proposed                 
  amendment.      She  explained   that   affirmative  defense                 
  provisions were added to the bill (page 2, lines 23-27) when                 
  it was before Senate State Affairs.  The affirmative defense                 
  recognizes  that  an  individual  cannot  be prosecuted  for                 
  exercising  his or her constitutional rights.   That is true                 
  with stalking as with any other criminal law in Alaska.  The                 
  proposed  amendment would add the  following at page 2, line                 
  27:                                                                          
                                                                               
       After "section" add:                                                    
                                                                               
            Whether  an act  of the  defendant is  a                           
            constitutionally protected activity is a                           
            question of law to  be determined by the                           
            court before* trial.                                               
                                                                               
  The foregoing  language is  patterned after AS  11.76.110(b)                 
  which  relates to  interference with  constitutional rights.                 
  The  Dept.  of  Law  is  requesting  that  the  amendment be                 
  incorporated  so  the  bill  is  clear and  consistent  with                 
  existing statutes.   Senator  Rieger suggested  that use  of                 
  "prior to trial"  rather than "before  trial" would be  more                 
  appropriate.  Ms. Knuth concurred.                                           
                                                                               
  *Senator   Rieger  MOVED  for   adoption  of   the  proposed                 
  amendment, substituting  "prior to" for "before."   Co-chair                 
  Pearce called for a show of hands on the motion.  The motion                 
  CARRIED on a unanimous vote of  the 5 members in attendance,                 
  and the amendment was ADOPTED.                                               
                                                                               
  Co-chair Pearce called for additional questions or comments.                 
  None were forthcoming.                                                       
                                                                               
  Senator  Jacko  MOVED that  SCS  CSHB  64  (Fin)  pass  from                 
  committee  with individual  recommendations.   No  objection                 
  having been raised,  SCS CSHB 64  (Fin) was REPORTED OUT  of                 
  committee with  zero fiscal  notes  from the  Dept. of  Law,                 
  Dept. of Corrections, Dept.  of Public Safety, and Dept.  of                 
  Administration.  All members  present  signed the  committee                 
  report with a "do pass" recommendation.  (Co-chair Frank and                 
  Senator Kerttula were not present and did not sign.)