Legislature(2023 - 2024)DAVIS 106
03/19/2024 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Medical Board | |
| HB275 | |
| HCR9 | |
| HB361 | |
| HB346 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 275 | TELECONFERENCED | |
| *+ | HCR 9 | TELECONFERENCED | |
| *+ | HB 361 | TELECONFERENCED | |
| *+ | HB 346 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 275-SEXUAL ASSAULT EXAMINATION KITS/TRACKING
3:27:03 PM
CHAIR PRAX announced that the next order of business would be
HOUSE BILL NO. 275, "An Act relating to sexual assault
examination kits; establishing the sexual assault examination
kit tracking system; and providing for an effective date."
3:27:51 PM
CHAIR PRAX handed the gavel to Vice-Chair Ruffridge.
VICE CHAIR RUFFRIDGE announced the committee would entertain
amendments. [Amendments 1-4 were included in the committee
packet but never offered.]
3:28:07 PM
REPRESENTATIVE PRAX moved to adopt Amendment 5 to HB 275,
labeled 33-GH2317\A.5, C. Radford, 3/15/24, which read as
follows:
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. AS 12.61.010(a) is amended to read:
(a) Victims of crimes have the following rights:
(1) the right to be present during any
proceeding in
(A) the prosecution and sentencing of a
defendant if the defendant has the right to be
present, including being present during testimony even
if the victim is likely to be called as a witness;
(B) the adjudication of a minor as provided
under AS 47.12.110;
(2) the right to be notified by the
appropriate law enforcement agency or the prosecuting
attorney of any request for a continuance that may
substantially delay the prosecution and of the date of
trial, sentencing, including a proceeding before a
three-judge panel under AS 12.55.175, an appeal, and
any hearing in which the defendant's release from
custody is considered;
(3) the right to be notified that a
sentencing hearing or a court proceeding to which the
victim has been subpoenaed will not occur as
scheduled;
(4) the right to receive protection from
harm and threats of harm arising out of cooperation
with law enforcement and prosecution efforts and to be
provided with information as to the protection
available;
(5) the right to be notified of the
procedure to be followed to apply for and receive any
compensation under AS 18.67;
(6) at the request of the prosecution or a
law enforcement agency, the right to cooperate with
the criminal justice process without loss of pay and
other employee benefits except as authorized by
AS 12.61.017 and without interference in any form by
the employer of the victim of crime;
(7) the right to obtain access to immediate
medical assistance and not to be detained for an
unreasonable length of time by a law enforcement
agency before having medical assistance administered;
however, an employee of the law enforcement agency
may, if necessary, accompany the person to a medical
facility to question the person about the criminal
incident if the questioning does not hinder the
administration of medical assistance;
(8) the right to make a written or oral
statement for use in preparation of the presentence
report of a felony defendant;
(9) the right to appear personally at the
defendant's sentencing hearing to present a written
statement and to give sworn testimony or an unsworn
oral presentation;
(10) the right to be informed by the
prosecuting attorney, at any time after the
defendant's conviction, about the complete record of
the defendant's convictions;
(11) the right to notice under AS 12.47.095
concerning the status of the defendant found not
guilty by reason of insanity;
(12) the right to notice under AS 33.16.087
of a hearing concerning special medical parole of the
defendant;
(13) the right to notice under AS 33.16.120
of a hearing to consider or review discretionary
parole of the defendant;
(14) the right to notice under AS 33.30.013
of the release or escape of the defendant; [AND]
(15) the right to be notified orally and in
writing of and receive information about the office of
victims' rights from the law enforcement officer
initially investigating the crime and from the
prosecuting attorney assigned to the offense; at a
minimum, the information provided must include the
address, telephone number, and Internet address of the
office of victims' rights; this paragraph
(A) applies only to victims of felonies and
to victims of class A misdemeanors if the class A
misdemeanor is a crime involving domestic violence or
a crime against a person under AS 11.41; if the victim
is an unemancipated minor, the law enforcement officer
and the prosecuting attorney shall also provide the
notice required by this paragraph to the parent or
guardian of the minor;
(B) is satisfied if, at the time of initial
contact with the crime victim, the investigating
officer and prosecuting attorney each give each crime
victim a brochure or other written material prepared
by the office of victims' rights and provided to law
enforcement agencies for that purpose; and
(16) the right to be notified of the
location and testing date of a sexual assault
examination kit collected from the victim."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 3, line 27:
Delete "Section 7"
Insert "Section 8"
VICE CHAIR RUFFRIDGE objected for the purpose of discussion.
REPRESENTATIVE PRAX explained that Amendment 5 would give a
sexual assault victim the right to be notified of the location
and testing date of their sexual assault examination kit.
3:28:47 PM
REPRESENTATIVE FIELDS asked whether any organizations had given
background or guidance in the creation of Amendment 5.
REPRESENTATIVE PRAX directed his answer to Lisa Purinton of the
Alaska Department of Public Safety.
3:29:04 PM
LISA PURINTON, Legislative Liaison, Department of Public Safety
(DPS), explained that the proposed Amendment was created while
working with the Alaska Network on Domestic Violence and Sexual
Assault (ANDVSA).
REPRESENTATIVE SADDLER asked whether Amendment 5 would
effectively duplicate language on page 3, lines 12-15 of HB 275
and create any conflict in the bill language.
MS. PURINTON replied that Amendment 5 would codify victims'
rights in statute and explained that DPS doesn't foresee any
conflicts arising due to the proposed amendment's language.
3:32:51 PM
VICE CHAIR RUFFRIDGE asked whether a victim was already entitled
to be notified of the time and location that their sexual
assault examination kits would be tested.
MS. PURINTON explained that a victim would be given information
into their case upon the beginning of the investigation.
VICE CHAIR RUFFRIDGE asked whether people aren't currently being
notified of their sexual assault examination kit's test time and
locations.
MS. PURINTON referred the question to David Kanaris of DPS.
3:35:40 PM
DAVID KANARIS, Forensic Laboratories, Division of Statewide
Services, Department of Public Safety, responded that he doesn't
have a comprehensive list of that which a victim is notified
upon the beginning of the investigation of their sexual assault
examination kit and said that the responsibility lies mainly
upon the medical provider.
VICE CHAIR RUFFRIDGE removed his objection. There being no
further objection, Amendment 5 to HB 275 was adopted.
[Vice Chair Ruffridge handed the gavel back to Chair Prax.]
3:37:22 PM
REPRESENTATIVE SADDLER asked about the practicality of the
timeline of seven days to return a report on a sexual assault
examination kit.
3:38:47 PM
MS. PURINTON answered that DPS would not be opposed to a change
in the timeline.
REPRESENTATIVE SADDLER asked whether 14 days would be a better
timeline for the investigation of a sexual assault examination
kit.
MS. PURINTON explained that a 14-day timeline would restart at
each stage of the investigation, so a longer timeline would have
a cascading effect on the entire investigation process.
3:41:36 PM
REPRESENTATIVE MINA asked whether DPS has an idea of the average
amount of time it takes for a nurse to test sexual assault
examination kits.
MS. PURINTON answered that 6.8 days is the current average time
it takes to perform testing on a sexual assault examination kit.
REPRESENTATIVE MINA asked whether there is any difference in the
timeline for a rural case versus an urban case.
MS. PURINTON deferred to Mr. Kanaris.
3:43:28 PM
MR. KANARIS replied that there has been no data on the
difference between rural and urban sexual assault examination
kit test times aggregated within the last six months.
3:44:29 PM
REPRESENTATIVE SADDLER moved Conceptual Amendment [6] to HB 275,
as follows:
Page 1, line 9:
Delete "Seven"
Insert "Fourteen"
REPRESENTATIVE RUFFRIDGE objected.
REPRESENTATIVE SADDLER explained that he offered Conceptual
Amendment [6] to HB 275 because he doesn't want to overburden
the investigation system and said that he had heard enough
evidence to prove the need for the change in the timeline of
sexual assault examination kit testing.
3:45:46 PM
REPRESENTATIVE RUFFRIDGE commented that the current bill
language contains no penalties for taking any longer than the
current seven-day timeline that is codified in statute and
further opined that the witness letter he is referencing is
aspiring for a shorter timeline, not a longer one.
3:47:44 PM
REPRESENTATIVE FIELDS said that the DPS should aim for best
standard achievable and shared his support of Representative
Ruffridge's position on Conceptual Amendment [6] to HB 275.
3:49:22 PM
The committee took an at-ease from 3:49 p.m. to 3:50 p.m.
3:50:25 PM
MS. PURINTON clarified how medical timelines would work and said
that a 10-day timeline would be better than a 14-day timeline.
3:51:37 PM
REPRESENTATIVE SADDLER moved to adopt Conceptual Amendment 1 to
Conceptual Amendment [6] to HB 275, to change "Fourteen" to
"Ten".
REPRESENTATIVE RUFFRIDGE objected.
A roll call vote was taken. Representatives Mina and Saddler
voted in favor of Conceptual Amendment 1 to Conceptual Amendment
[6] to HB 275. Representatives Fields, Ruffridge, and Prax
voted against it. Therefore, Conceptual Amendment 1 to
Conceptual Amendment [6] to HB 275 failed by a vote of 2-3.
CHAIR PRAX offered his understanding that the committee, in
failing to adopt Conceptual Amendment 1 to Conceptual Amendment
[6] now had HB 275, as amended, before it. [The motion to adopt
Conceptual Amendment [6] was not addressed further; Conceptual
Amendment [6] was treated as not adopted.]
3:54:46 PM
REPRESENTATIVE RUFFRIDGE moved to report HB 275, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB 275
(HSS) was reported out of the House Health and Social Services
Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| David Wilson Medical Board App_Redacted.pdf |
HHSS 3/19/2024 3:00:00 PM |
Governor's Appointee |
| David Wilson Medical Board Resume_Redacted.pdf |
HHSS 3/19/2024 3:00:00 PM |
Governor's Appointee |
| HCR 9 Ver A.pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
| HB 361 Version A.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
| HB 346 Article APM 3.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
| HB 346 Sectional Analysis.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
| HB 346 Sponsor Statement.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
| HB 346 Support Doc APM 2.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
| HB 346 Support Doc. Article APM 1.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
| HB 346 Version A.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
| HB 361 Sectional Analysis.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
| HB 361 Sponsor Statement.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
| HCR 9 Sponsor Statement.pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
| HB 275 Amendment A.5 #5.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 275 |
| HB 361 Fiscal Note DOH-MS.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
| HB 346 Fiscal Note MVA-DHSEM.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
| HCR 9 AMHB.ABADA Support.pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
| HCR 9 Parity Presentation .pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
| HB 275 Forensic Nurse Testimony.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 275 |
| HB 361 Presentation v.2.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
| HB 275 (H)HSS DPS Follow-Up 3.13.24.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 275 |