Legislature(2003 - 2004)
03/17/2003 01:35 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CSHB 68(JUD)-OFFICE OF VICTIMS' RIGHTS: INCLUDE MUNIS
SENATOR THERRIAULT made a motion to adopt CSHB 68 (JUD) as the
working document. There being no objection, the motion carried.
REPRESENTATIVE RALPH SAMUELS, bill sponsor, explained CSHB
68(JUD) is a clarification of the language of the 22nd
Legislature in the creation of the Office of Victims' Rights
(OVR). The OVR was created in an effort to give victims of
crime an independent voice in the criminal justice system.
Essentially the OVR is an ombudsman; they have the power to
collect data and issue reports to the appropriate body.
A situation arose because of the tragic shooting of former
Commissioner Glenn Godfrey and his wife Patti in Anchorage. A
war of words and attorneys ensued over whether or not the OVR
had jurisdiction within a municipality. The municipality said
the OVR had no jurisdiction because the word municipality was
not specifically in the statute. That was despite the fact that
55 percent of the people live in the municipality and therefore
55 percent of the crime victims are in the municipality. The
OVR office is located within the Municipality of Anchorage.
This bill merely adds the word municipality. The Anchorage
Assembly has passed an ordinance that agrees with this
legislation and the Mayor of Anchorage has also agreed.
"Everybody has kissed and made up now and the bill is moving
forward."
SENATOR ELLIS asked if Mr. Branchflower requested the
legislation.
REPRESENTATIVE SAMUELS replied Mayor Wuerch requested it and it
was his city attorney who made the ruling that created the
conflict.
2:15 pm
SENATOR THERRIAULT asked if there was anything at the time of
the original act that talked about OVR being specifically for
the state entities or just the opposite.
REPRESENTATIVE SAMUELS said there was no specific discussion for
state entities. He said when he read through the minutes of the
various hearings and talked to Senator Halford, the sponsor, it
was obvious the intent was to include municipalities. Without
the Anchorage Police Department (APD) and the Fairbanks Police
Department being included, up to 80 percent of the victims of
crime are excluded. According to the sponsor, it was an
oversight.
SENATOR FRENCH added this would also clear up a potential
conflict if APD investigated a case and forwarded it to the
State District Attorneys' Office where APD is then an arm of the
state agency. Those little disputes are frequent. If the
municipal prosecutor handles the case APD is a municipal
organization. One investigation would be in the hands of OVR
and one would not. He said this is a good idea.
REPRESENTATIVE SAMUELS said that's true; particularly with the
municipal prosecutor's office rather than APD, but this would
include both cases.
SENATOR THERRIAULT asked about the difference between the
original bill and the CS. He asked if it was just the change in
the title.
REPRESENTATIVE SAMUELS answered yes.
SENATOR ELLIS said it was always clear to him and the people who
worked on this legislation, supported Senator Halford and voted
for it that the intent was to cover everyone. He disagreed with
the Anchorage Municipal Attorney, Mr. Greene, on many occasions
and this opinion was laughable. He added he was pleased this
was being corrected.
CHAIR SEEKINS observed this is a fairly simple thing to
accomplish the intent of the original legislation.
SENATOR THERRIAULT moved CSHB 68(JUD) from committee with
individual recommendations and attached fiscal note. There
being no objection, the motion carried.
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