05/12/2002 09:06 PM Senate FIN

                                                                                                                                
     CS FOR HOUSE BILL NO. 317(FIN)                                                                                             
     "An Act relating to stalking and to violating a protective                                                                 
     order; and amending Rules 4 and 65, Alaska Rules of Civil                                                                  
      Procedure, and Rule 9, Alaska Rules of Administration."                                                                   
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HARRY CRAWFORD, sponsor, testified  this bill closes                                                            
a loophole in Alaska law  to allow unacquainted victims of a stalker                                                            
to receive  the same security  of a judicial  protective order  that                                                            
victims who  have had a prior relationship  with a stalker  receive.                                                            
                                                                                                                                
AT EASE 9:11 PM / 9:13 PM                                                                                                       
                                                                                                                                
Representative  Crawford noted  an anti-stalking  law exists  in the                                                            
domestic violence statues,  but only applies to those offenders with                                                            
a  prior  relationship  with  the  victim,  such  as  husbands,  ex-                                                            
boyfriends, etc., and does  not apply to offenders who are strangers                                                            
to their victim.  He emphasized if  a stranger stalks a victim,  the                                                            
anti-stalking  law currently does  not offer protection against  the                                                            
offender.                                                                                                                       
                                                                                                                                
Senator Green  recalled discussions several years  prior relating to                                                            
other domestic  violence legislation  in which a concern  was raised                                                            
about a presumption  of guilt.  She noted the anti-stalking  laws do                                                            
not  contain a  method  for the  accused to  defend  him or  herself                                                            
against  the allegations  before a  judicial order  is issued.   She                                                            
asked if this  legislation contains provisions allowing  the accused                                                            
proper  notice and  legal  representation  before such  an order  is                                                            
imposed.                                                                                                                        
                                                                                                                                
Representative  Crawford  began  to  describe  the  three  types  of                                                            
protective   orders   currently   available,   including   emergency                                                            
protective orders, which a police officer is able to issue.                                                                     
                                                                                                                                
DAVE D'AMATO, staff to  Representative Crawford, testified that this                                                            
legislation has  been under consideration for six  to seven years in                                                            
part to address such issues  as the concern Senator Green raised. He                                                            
informed that  the attorney who drafted this bill,  Jerry Luckhaupt,                                                            
subscribes to the theory  that, "there should be no such thing as ex                                                            
parte protective  orders" because  of a presumption of guilt  within                                                            
the community.  Mr. d'Amato  explained the  provisions in this  bill                                                            
"balances"  the presumption  of guilt with  the need for  protective                                                            
orders  by  allowing   a  party  to  obtain  an  72-hour   emergency                                                            
protective  order but  would not bar  the accused  party from  their                                                            
home or  work without receipt  of proper notice,  in which  case the                                                            
accused would have an opportunity to challenge the order.                                                                       
                                                                                                                                
Senator   Leman  shared   that   he  had   sponsored  anti-stalking                                                             
legislation  that  passed into  law  during a  previous legislative                                                             
session. He expressed the  protection is important and that he would                                                            
vote in favor of this bill.                                                                                                     
                                                                                                                                
Senator Leman  "moved to report House  Bill 317 from Committee  with                                                            
individual   recommendations   and   the   accompanying   zero   and                                                            
indeterminate fiscal notes."                                                                                                    
                                                                                                                                
There was  no objection  and CS  HB 317 (FIN)  MOVED from  Committee                                                            
with zero fiscal  notes: #1 from the Department of  Law, and #5 from                                                            
the Department of Public  Safety; and indeterminate fiscal notes: #2                                                            
from the Department  of Corrections,  and #3 from the Department  of                                                            
Administration.