02/15/2012 01:00 PM House JUDICIARY

         HB 293 - RIGHTS OF CRIME VICTIMS/CONTINUANCES                                                                      
                                                                                                                                
3:03:33 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the final order of  business would be                                                               
HOUSE  BILL NO.  293, "An  Act relating  to the  rights of  crime                                                               
victims;  relating to  the duties  of prosecuting  attorneys; and                                                               
amending Rule 45, Alaska Rules of Criminal Procedure."                                                                          
                                                                                                                                
3:04:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON moved  to adopt  the proposed  committee                                                               
substitute  (CS)  for  HB   293,  Version  27-LS1238\M,  Gardner,                                                               
2/13/12, as the working document.                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE  THOMPSON  referred  to Section  2's  proposed  AS                                                               
12.61.015(a)(5)(B),  which would  define a  substantial delay  in                                                               
the prosecution  of a felony  as being a  delay of two  months or                                                               
longer,  and questioned  whether  that provision  would create  a                                                               
loophole   by   which   a  defendant   could   repeatedly   delay                                                               
prosecution.                                                                                                                    
                                                                                                                                
3:05:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHRIS TUCK,  Alaska  State Legislature,  sponsor,                                                               
explained that  to address a  concern about  HB 293's use  of the                                                               
term,   "substantially  delay"   in  Section   2's  proposed   AS                                                               
12.61.015(a)(5)  -  which pertains  to  providing  notice to  the                                                               
victim  of   a  pending  motion  that   may  substantially  delay                                                               
prosecution  -   language  defining   what  would   constitute  a                                                               
substantial   delay   is   now  included   in   paragraph   (5)'s                                                               
subparagraphs (A)-(C).   He then went on to  explain that Section                                                               
3 - providing for a direct  court rule amendment to Rule 45(d)(2)                                                               
of the  Alaska Rules of  Criminal Procedure - now  specifies that                                                               
the  court,   when  granting  a  continuance,   shall  have  also                                                               
considered  the  interests  of  the victim  if  they  are  known.                                                               
Section 4 - proposing  to add a new subsection (h)  to Rule 45 of                                                               
the Alaska Rules of Criminal  Procedure - now also specifies that                                                               
the  court, before  ruling  on a  motion  for continuance,  shall                                                               
consider  the  victim's position  if  known.   These  changes  to                                                               
Sections  3 and  4  were  recommended by  the  Department of  Law                                                               
(DOL), he said in conclusion.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
[No further objections were stated,  and Version M was treated as                                                               
being before the committee.]                                                                                                    
                                                                                                                                
CHAIR GATTO relayed that HB 293 [Version M] would be held over.