03/31/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| HB124 | |
| SB117 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 124 | TELECONFERENCED | |
| + | SB 20 | TELECONFERENCED | |
| + | SB 54 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 117 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 31, 2005
8:36 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 124 am
"An Act relating to the collection of, and the use of reasonable
force to collect, a deoxyribonucleic acid sample from persons
convicted of or adjudicated delinquent for certain crimes."
MOVED SCS HB 124(JUD) OUT OF COMMITTEE
SENATE BILL NO. 20
"An Act relating to offenses against unborn children."
SCHEDULED BUT NOT HEARD
SENATE BILL NO. 54
"An Act relating to notification to victims of sexual assault;
relating to protective orders; and relating to arrests for
crimes involving sexual assault, violation of protective orders,
or violation of conditions of release."
MOVED CSSB 54(JUD) OUT OF COMMITTEE
SENATE BILL NO. 117
"An Act relating to the admissibility into evidence of the prior
recorded statement of a crime victim less than 16 years of age;
and adding Rule 413, Alaska Rules of Evidence, and amending
Rules 402 and 403, Alaska Rules of Evidence."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 124
SHORT TITLE: COLLECTION OF DNA/USE OF FORCE
SPONSOR(s): REPRESENTATIVE(s) ANDERSON
02/02/05 (H) READ THE FIRST TIME - REFERRALS
02/02/05 (H) JUD, FIN
02/23/05 (H) JUD AT 1:00 PM CAPITOL 120
02/23/05 (H) Moved Out of Committee
02/23/05 (H) MINUTE(JUD)
02/24/05 (H) JUD RPT 3DP 2NR
02/24/05 (H) DP: GRUENBERG, ANDERSON, MCGUIRE;
02/24/05 (H) NR: COGHILL, GARA
02/25/05 (H) FIN REFERRAL WAIVED
03/02/05 (H) RETURNED TO RLS COMMITTEE
03/07/05 (H) TRANSMITTED TO (S)
03/07/05 (H) VERSION: HB 124 AM
03/08/05 (S) READ THE FIRST TIME - REFERRALS
03/08/05 (S) JUD
03/31/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 54
SHORT TITLE: PROTECTIVE ORDERS FOR SEXUAL ASSAULT
SPONSOR(s): SENATOR(s) DYSON
01/14/05 (S) READ THE FIRST TIME - REFERRALS
01/14/05 (S) STA, JUD
02/17/05 (S) STA AT 3:30 PM BELTZ 211
02/17/05 (S) Heard & Held
02/17/05 (S) MINUTE(STA)
03/15/05 (S) STA AT 3:30 PM BELTZ 211
03/15/05 (S) Moved CSSB 54(STA) Out of Committee
03/15/05 (S) MINUTE(STA)
03/16/05 (S) STA RPT CS 1NR 4AM NEW TITLE
03/16/05 (S) NR: THERRIAULT
03/16/05 (S) AM: DAVIS, ELTON, WAGONER, HUGGINS
03/16/05 (S) FIN REFERRAL ADDED AFTER JUD
03/31/05 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 117
SHORT TITLE: RECORDED STATEMENTS OF CHILD VICTIMS
SPONSOR(s): SENATOR(s) FRENCH
02/28/05 (S) READ THE FIRST TIME - REFERRALS
02/28/05 (S) JUD, FIN
03/10/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/10/05 (S) Scheduled But Not Heard
WITNESS REGISTER
Mr. Jason Hooley
Staff to Senator Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 54
Ms. Anne Carpeneti, Attorney
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on SB 54
Ms. Carrie Robinson, Attorney
Alaska Network on Domestic Violence and Sexual Assault
PO Box 20891
Juneau, AK 99802
POSITION STATEMENT: Testified in support of SB 54
Ms. Carin Robinson, Lobbyist
Alaska Women's Lobby
PO Box 33702
Juneau, AK 99803
POSITION STATEMENT: Testified in support of SB 54
Representative Tom Anderson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 124
Senator Hollis French
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 117
Sergeant Dave Parker
Anchorage Police Department
4501 S. Bragaw St.
Anchorage, AK 99507
POSITION STATEMENT: Testified in support of SB 117
Detective Kevin Vandegriff
Anchorage Police Department
4501 S. Bragaw St.
Anchorage, AK 99507
POSITION STATEMENT: Testified in support of SB 117
Ms. Amy Kobalinski, Program Coordinator
Alaska Care Advocacy Center
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 117
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:36:55 AM. Present were Senators
Hollis French, Charlie Huggins, Gene Therriault, Gretchen Guess,
and Chair Ralph Seekins.
CHAIR SEEKINS informed the committee SB 20 was delayed at the
request of the sponsor.
SB 54-PROTECTIVE ORDERS FOR SEXUAL ASSAULT
8:37:27 AM
MR. JASON HOOLEY, staff to Senator Dyson, introduced SB 54.
Sexual assault in Alaska is three times the national average. SB
54 creates the availability of protective orders for victims. SB
54 involves only sexual assault that falls outside of domestic
violence. Version \P changes the location of the provisions to
be inserted with the current stalking provisions. There will be
a section for domestic violence protective order in AS 18.66 and
a section in AS 18.65 for stranger assaults.
8:39:25 AM
SENATOR GENE THERRIAULT moved Version \P as the working
document. Hearing no objections, the motion carried.
8:39:49 AM
SENATOR HOLLIS FRENCH clarified Version \P adds sexual assault
to the stalking law and does not make any other substantive
changes.
MR. HOOLEY agreed.
SENATOR FRENCH asked whether sexual abuse of a minor was
included in SB 54.
MR. HOOLEY answered Section 10 gives the definition of sexual
assault, which references another section that includes second,
third, and fourth degree sexual assault and incest.
8:41:29 AM
MS. ANNE CARPENETI, Department of Law (DOL), testified in
support of SB 54. She suggested one change in Section 9, line
28, which would require the petitioner to research priors. She
suggested adding the words "must, if known," to include that
information.
8:43:46 AM
SENATOR GRETCHEN GUESS asked Ms. Carpeneti whether Section 9 was
needed.
MS. CARPENETI aired Section 9 was not needed as it requires a
victim to volunteer personal information.
SENATOR FRENCH asked if there was a similar provision in the
domestic violence statutes.
MS. CARPENETI responded yes, which makes sense because of the
relationship. SB 54 relates to stranger stalking.
SENATOR FRENCH suggested striking the words, "or the
respondent".
8:45:18 AM
CHAIR SEEKINS commented there might be a pending civil or
criminal action between the respondent and the petitioner.
MS. CARPENETI suggested re-wording to say, "...pending action
between the parties."
CHAIR SEEKINS said when a petitioner knows of other criminal
action for a similar offense against someone else, the court
should be alerted.
8:46:50 AM
SENATOR THERRIAULT asked Ms. Carpeneti whether the information
would be entered into the court regardless.
MS. CARPENETI responded yes, as admissible evidence.
SENATOR THERRIAULT suggested Section 9 attempts to ensure full
disclosure of any relationship between the two parties.
8:48:38 AM
MS. CARPENETI expressed concern about requiring the petitioner
to research information regarding the defendant.
CHAIR SEEKINS agreed. He proposed on lines 28 and 31, add the
word, "known" after "of."
SENATOR GUESS agreed. She asked Ms. Carpeneti whether the
petitioner would have to disclose any civil or criminal action
that has nothing to do with the order.
MS. CARPENETI advised the court would be interested in knowing.
8:51:12 AM
CHAIR SEEKINS asserted it is important for the court to know
when there is a history between the parties.
SENATOR GUESS expressed concern that a person would have to
disclose unnecessary personal information.
8:53:46 AM
SENATOR FRENCH suggested there could be times when the
information is relevant. He said it does not seem like a huge
burden to require a party to disclose pending cases.
8:57:11 AM
SENATOR FRENCH proposed Amendment 1. Section 9, line 29, after
the word, "respondent" add the words, "if known." Hearing no
objections, the motion carried.
8:58:03 AM
MS. CARRIE ROBINSON, attorney, Alaska Network on Domestic
Violence and Sexual Assault, testified in support of SB 54.
MS. CARIN ROBINSON, Alaska Women's Lobby, testified in support
of SB 54.
8:59:57 AM
CHAIR SEEKINS closed public testimony.
SENATOR CHARLIE HUGGINS moved CSSB 54(JUD) from committee with
individual recommendations and accompanying fiscal notes. There
being no objection, the motion carried.
CHAIR SEEKINS announced a brief recess at 9:00:31 AM.
HB 124 AM -COLLECTION OF DNA/USE OF FORCE
9:09:53 AM
CHAIR RALPH SEEKINS announced HB 124 to be up for consideration.
9:10:09 AM
REPRESENTATIVE TOM ANDERSON, sponsor, explained that HB 124
relates to the law enforcement aspect of collecting DNA samples.
Last year the statutes were expanded to ensure all felons or
sexual misdemeanants would have to submit a DNA sample. Missing
was the ability for probation or corrections officers to use
reasonable force to get a convicted felon to submit to DNA
sampling. HB 124 addresses that shortcoming and absolves the
officers of any liability associated with using force.
HB 124 expands the types of convictions that require DNA
registration by requiring that anyone in the state who is
convicted of a crime similar to crimes against a person, or
felonies under AS 11 or AS 28.35 would be subject to DNA
collection. The bill would also include municipal misdemeanors
including: assault, child abuse, indecent exposure on premises
open to minors, assault on a police officer, and domestic
assault and battery. This would address the municipal loophole
that doesn't require collection of DNA samples for such
violations.
9:13:31 AM
REPRESENTATIVE ANDERSON noted the committee heard similar
legislation sponsored by Senator Bunde and he agreed with the
changes the committee made to that bill. He said he would
include those recommendations in his bill, which would make the
legislation very effective for Alaska.
9:14:25 AM
CHAIR SEEKINS asked Representative Anderson if any of the Senate
Standing Judiciary Committee changes made to SB 95 were
objectionable.
REPRESENTATIVE ANDERSON replied he agrees with codifying
immunity to corrections and parole officers so that they cannot
be sued for collecting DNA samples. The other change to SB 95 is
the applicability section, which requires people who are already
in prison to submit to DNA sampling.
9:15:50 AM
CHAIR SEEKINS asked the sponsor if he would object to using the
language currently in SB 95 as a Senate committee substitute for
HB 124.
REPRESENTATIVE ANDERSON replied he would recommend it and he
thought the Department of Law would support it as well.
SENATOR GENE THERRIAULT asked if anything in the title of the
Senate bill caused concern.
REPRESENTATIVE ANDERSON said no.
SENATOR THERRIAULT moved the title and text of HB 124 AM be
deleted and replaced with the title and text from CSSB 95(JUD)
Version \Y. Hearing no objection, the motion carried.
9:17:25 AM
SENATOR THERRIAULT asked whether the chair had received any
departmental expression of concern regarding the wording on CSSB
95(JUD).
CHAIR SEEKINS said all visual indications are that the bill is
good to go and he was ready for a motion.
9:17:51 AM
SENATOR THERRIAULT moved SCS HB 124(JUD) and attached fiscal
notes from committee with individual recommendations. There
being no objection, it was so ordered.
CHAIR SEEKINS announced a brief recess at 9:18:28 AM.
CHAIR SEEKINS reconvened the meeting at 9:26:30 AM.
SB 117-RECORDED STATEMENTS OF CHILD VICTIMS
9:26:30 AM
CHAIR RALPH SEEKINS announced SB 117 to be up for consideration.
SENATOR HOLLIS FRENCH moved Version \F to be the working
document for the committee. Hearing no objections, the motion
carried.
9:26:58 AM
SENATOR FRENCH introduced SB 117. Young victims of crime do not
get a fair shake in Alaska courtrooms. SB 117 would make
recorded statements of victims under 16 admissible in Alaska
courts if the statements were conducted under certain conditions
and if the victim is present during the proceedings and
available for testimony. Forensic interviews are conducted at
safe, child friendly environments. Interviewers are specially
trained to work with children. Professionals and advocates work
together with the safety of the children as a top priority.
Recorded statements are more useful than court testimony because
children are intimidated by formal questioning in unfamiliar
surroundings.
9:28:54 AM
Advocacy centers allow children to slowly tell their story
without pressure in a nurturing and non-threatening setting.
9:31:02 AM
SENATOR FRENCH added SB 117 allows the jury to see the entire
story while preserving the cross examining rights of the
accused.
9:32:24 AM
SENATOR GENE THERRIAULT asked Senator French to affirm current
law considers a taped statement to be hearsay.
SENATOR FRENCH confirmed. The law prefers to have live testimony
on the stand.
9:33:01 AM
SENATOR THERRIAULT commented Child Advocacy Centers are not
available across the state.
SENATOR FRENCH agreed.
9:35:23 AM
SENATOR GRETCHEN GUESS asked whether the child must be present
during the entire court proceeding.
SENATOR FRENCH answered the crucial aspect is for cross-
examination purposes.
MS. CARPENETI interjected a child would not have to be present
for the entire trial.
9:37:25 AM
SENATOR THERRIAULT asked Ms. Carpeneti whether courts allow
closed circuit television (CCTV) to be used.
MS. CARPENETI responded yes, it is live and the witness is
present in the next room, so the testimony is allowed.
CHAIR SEEKINS commented "available to testify" is an all-
inclusive term.
MS. CARPENETI agreed.
SENATOR THERRIAULT asked whether the child could be forced to
endure a second interview.
9:39:01 AM
MS. CARPENETI said the intent of SB 117 is simply to have the
child available to testify.
CHAIR SEEKINS believed the recording would be the direct
testimony of the child. The child's presence would be necessary
in order to expand on the taped testimony.
SENATOR THERRIAULT expressed the need for the committee to
clarify that intent.
MS. CARPENETI asserted SB 117 was written clearly as is.
9:41:51 AM
SENATOR THERRIAULT said he was concerned that a defense attorney
could force a child on the stand to restate the statement.
MS. CARPENETI countered you have to allow that to happen.
SENATOR THERRIAULT agreed but asked whether the allegation has
to be made on the stand.
SENATOR FRENCH iterated that is not the intent of SB 117.
CHAIR SEEKINS said the testimony would be in the recorded
statement. He didn't believe the child would be forced to
restate the allegation but would be forced to answer questions.
SENATOR FRENCH said the cross examination would lead the child
back through every relevant sentence of the recorded statement.
9:43:04 AM
CHAIR SEEKINS agreed with Senator Therriault the state wouldn't
want to force a child to have to reiterate the allegations
already on the tape.
SENATOR THERRIAULT said the defense attorney would be looking
for inconsistency.
9:44:26 AM
SENATOR THERRIAULT proposed Amendment 1: Page 1, line 12 be
reworded to say, "the victim is present at the proceeding and
available for cross examination." Hearing no objection, the
motion carried.
9:46:07 AM
SENATOR GUESS proposed Amendment 2: Page 1, line 12 strike the
words "present at the proceeding." Hearing no objection, the
motion carried.
9:55:06 AM
SENATOR FRENCH proposed Amendment 3: Page 2, line 9 after the
word "has" add the words "had an opportunity to..." Hearing no
objection, the motion carried.
9:56:54 AM
SERGEANT DAVE PARKER, Anchorage Police Department, testified in
support of SB 117. Children face long delays getting to court
and their memories fade. It is frustrating for a detective to
see a children's testimony nullified or disrupted. SB 117 would
allow the videotaped interview to speak for the child.
9:59:57 AM
SENATOR FRENCH asked Sgt. Parker to describe his training.
SERGEANT PARKER said he is a certified trainer for child
forensic interviewing. It is a three-day course designed to
train investigators to keep from leading or introducing ideas to
the child, which might taint testimony. The training interviews
are watched simultaneously by a psychologist or social worker
who then gives feedback.
10:01:46 AM
Training also deals with vocabulary and how to approach
children.
10:02:12 AM
SENATOR FRENCH asked Sgt. Parker to describe the use of dolls
during the interview.
SERGEANT PARKER explained there are a variety of options
available to use during the interviews. A child's vocabulary is
sometimes very limited. Interviewers are trained to study body
language and other means expression. A lot of the child's
communication ability is non-verbal. Video captures this body
language, as a written transcript would not. Anatomically
correct dolls are used when children lack the vocabulary.
10:04:08 AM
A jury cannot get a clear picture of what happened unless they
are allowed to see how the child responds to the forensic
interview. SB 117 gives the weakest members of society their
opportunity to explain what happened.
10:05:33 AM
SENATOR FRENCH asked Sgt. Parker the number of child advocacy
centers in Alaska.
SERGEANT PARKER responded they operate in Anchorage, Mat-Su, and
Fairbanks.
10:07:33 AM
CHAIR SEEKINS asked whether it is normal for a male officer to
question a female child.
SERGEANT PARKER advised yes. They have found that children tend
to open up to adults both male and female. Generally they
determine ahead of time who is best suited to perform the
interview.
10:11:32 AM
DETECTIVE KEVIN VANDEGRIFF, Anchorage Police Department,
testified in support of SB 117. Ninety percent of investigations
involve sexual abuse of a minor. One critical aspect is the
forensic interview. They are trained to ask open-ended question
designed to gather information from child. Training is done so
interviews stand judicial scrutiny. Children do not verbalize
like adults and are often unable to describe what has occurred
verbally but they share by demonstration what has occurred.
10:14:16 AM
DETECTIVE VANDEGRIFF explained often a jury does not get to see
or hear what has happened to the child. They see the child on
the stand unable to verbalize what happened.
10:15:49 AM
Forty other states have legislation authorizing forensic
interviewing to be permissible in court proceedings.
10:17:10 AM
AMY KOBALINSKI, family care coordinator, Alaska Care, testified
in support of SB 117. Children are prone to use body language to
demonstrate what happened to them rather than verbalize.
10:19:20 AM
CHAIR SEEKINS held SB 117 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:19:47 AM.
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