Legislature(2003 - 2004)
03/22/2004 08:04 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 398(JUD)am-DOMESTIC VIOLENCE FATALITY REVIEW TEAM
REPRESENTATIVE NANCY DAHLSTROM, sponsor of HB 398, explained to
members this legislation will enable municipalities throughout
the state to create a domestic violence fatality review team for
the purpose of gaining knowledge and insight to more effectively
prevent domestic violence fatalities in the future. CSHB
398(JUD)am passed the House with unanimous support. She offered
to answer questions.
SENATOR FRENCH asked Representative Dahlstrom to elaborate on
the timing of establishing the fatality review teams.
REPRESENTATIVE DAHLSTROM said her understanding is that almost
all of the teams will be created after an offense has been
committed and adjudicated. However, in special circumstances, it
may be more effective to establish a team before a case is
completed.
She then informed members that she distributed copies of an
amendment, labeled Q.1, [Amendment 1].
SENATOR THERRIAULT moved Amendment 1 for the purpose of
discussion, which reads as follows.
23-LS1321\QA.1
Luckhaupt
9/9/04
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 398(JUD) am
Page 3, lines 16 - 19:
Delete all material.
Insert a new bill section to read:
"* Sec. 2. AS 24.65.170 is amended to read:
Sec. 24.65.170. Annual report. The victims' advocate
shall make available to the public an annual report of the
victims' advocate's activities under this chapter and
notify the legislature that the report is available. The
victim's advocate may include in the report a summary of
the advocate's participation as an ex officio member of
domestic violence fatality review teams established under
AS 18.66.400."
REPRESENTATIVE DAHLSTROM noted the amendment addresses a change
made to the bill on the House floor that did not meet the legal
standards.
CHAIR SEEKINS announced that without objection, the motion
carried.
MR. STEVE BRANCHFLOWER, Director of the Office of Victims'
Rights, stated support for HB 398.
SENATOR FRENCH asked Mr. Branchflower to address the timing
issue.
MR. BRANCHFLOWER thought the language on line 10, "or at an
earlier appropriate time," is a good catch-all phrase that will
allow for unforeseen circumstances. He agreed with
Representative Dahlstrom that in most cases, the teams would be
established after a case has been adjudicated, but under certain
circumstances, such as if a case is not prosecuted, a team would
be established earlier.
SENATOR FRENCH asked Mr. Branchflower to comment on the
confidentiality requirements in the bill.
MR. BRANCHFLOWER said to promote participant candor, a
confidentiality clause is necessary, otherwise participants will
be less likely to admit responsibility for actions that should
have been taken. The focus of the legislation is to improve the
system to help victims; it is not to find fault.
SENATOR FRENCH asked if the fatality review teams will have
subpoena power.
MR. BRANCHFLOWER was not sure.
REPRESENTATIVE DAHLSTROM said they would not.
LT. AL STOREY, Alaska State Troopers (AST), Department of Public
Safety (DPS), stated support for HB 398 as DPS believes these
review teams will improve the current system.
CHAIR SEEKINS announced that with no further participants,
public testimony was closed.
SENATOR OGAN moved SCS CSHB 398(JUD) from committee with
individual recommendations.
CHAIR SEEKINS announced with no objection, the motion carried.
He then adjourned the meeting at 10:07 a.m.
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