02/27/2024 03:00 PM House STATE AFFAIRS

                HB 286-CRIME VICTIM RESTITUTION                                                                             
                                                                                                                                
3:03:58 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  first order of business  would be                                                               
HOUSE BILL  NO. 286  "An Act relating  to victim  restitution and                                                               
compensation."                                                                                                                  
                                                                                                                                
3:04:15 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  moved to  adopt Amendment  1 to  HB 286,  labeled 33-                                                               
LS1012\B.2, C. Radford 2/15/24, which read as follows:                                                                          
                                                                                                                                
     Page 1, line 11:                                                                                                           
          Delete "necessary"                                                                                                
                                                                                                                                
     Page 2, line 7:                                                                                                            
          Delete "[, INCLUDING LOSS OF INCOME,]"                                                                                
          Insert ", including loss of income,"                                                                                  
                                                                                                                                
3:04:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER objected for the purpose of discussion.                                                                
                                                                                                                                
3:04:29 PM                                                                                                                    
                                                                                                                                
BUDDY  WHITT, Staff,  Representative  Laddie  Shaw, Alaska  State                                                               
Legislature, provided  an overview  of Amendment 1  and explained                                                               
that  the word  "necessary" would  be deleted  from the  bill for                                                               
legal  clarity.    On page  2,  line  7  of  the bill,  the  term                                                               
"including loss of  income" would be reinserted into  the bill as                                                               
a  result of  discussions  with  the Department  of  Law and  the                                                               
Office of Victims' Rights.                                                                                                      
                                                                                                                                
3:05:50 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department of Law,  provided further                                                               
detail about Amendment 1 to HB  286.  She explained the reasoning                                                               
behind the  removal of  the word  "necessary" in  the bill.   She                                                               
said the  victim must show  that the defendant's conduct  was the                                                               
proximate cause  of the victims'  loss or damages.   She referred                                                               
to Grubb v. State of Alaska, which said,                                                                                        
                                                                                                                                
      In order to obtain restitution for particular losses                                                                      
       or damages the state must establish two facets of                                                                        
     causation, that  a defendants criminal conduct  was the                                                                    
     cause  in  fact  the  but-for analysis  of  the  losses                                                                    
     incurred  and  that the  losses  were  the natural  and                                                                    
     proximate  result  of  the criminal  conduct  to  which                                                                    
     liability should attach.   That the losses  were not so                                                                    
     attenuated  from  the  wrongful conduct  as  to  negate                                                                    
     responsibility.                                                                                                            
                                                                                                                                
MS. SCHROEDER  explained that the  state must show  that criminal                                                               
conduct was  a substantial factor  in bringing about  the damages                                                               
sought.  Inserting  the word "necessary" implies that  there is a                                                               
different standard.                                                                                                             
                                                                                                                                
MS.  SCHROEDER  explained  that  Amendment 1  adds  in  "loss  of                                                               
income".   The purpose  of the  bill is to  say that  victims can                                                               
recover   funds  from   lost   wages,   childcare,  elder   care,                                                               
transportation, and  other expenses incurred during  the victim's                                                               
participation  in   the  investigation  or  prosecution   of  the                                                               
offense, or attendance  at court proceedings.  This  is in direct                                                               
response to cases where the  court seemed unsure that those types                                                               
of damages would be recoverable.                                                                                                
                                                                                                                                
3:08:58 PM                                                                                                                    
                                                                                                                                
MR. WHITT  added that each  committee member was  provided copies                                                               
and explanations of Amendment 1.   The explanation was written by                                                               
Ms. Schroeder.                                                                                                                  
                                                                                                                                
3:09:15 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW noted that the word "necessary" is unnecessary.                                                                      
                                                                                                                                
3:09:23 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER provided the case number  for Grubb v. State, 506 P                                                               
3d 791.                                                                                                                         
                                                                                                                                
CHAIR SHAW thanked Ms. Schroeder.                                                                                               
                                                                                                                                
3:09:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  removed his objection.   There being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
3:09:51 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW asked for a motion.                                                                                                  
                                                                                                                                
3:10:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT moved to report  HB 286, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  286(STA)  was                                                               
reported from the House State Affairs Standing Committee.