05/17/2021 01:00 PM House JUDICIARY

                    SB 122-VICTIM DEFINITION                                                                                
                                                                                                                                
1:37:29 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
SENATE  BILL NO.  122,  "An  Act relating  to  the definition  of                                                               
'victim.'"                                                                                                                      
                                                                                                                                
CHAIR CLAMAN  stated that Legislative  Legal &  Research services                                                               
was authorized  to make  any technical  or conforming  changes to                                                               
the bill.                                                                                                                       
                                                                                                                                
1:38:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA moved  Amendment  2 labeled  32-LS0422\B.2,                                                               
Dunmire, 5/15/21, which read:                                                                                                   
                                                                                                                                
     Page 1, line 5, following "perpetrated;":                                                                                  
     Insert "or"                                                                                                                
                                                                                                                                
     Page 1, line 7:                                                                                                            
     Delete "or"                                                                                                                
     Insert "[OR]"                                                                                                              
     Following "incapacitated":                                                                                                 
     Insert ", or dead"                                                                                                         
                                                                                                                                
     Page 1, line 9:                                                                                                            
     Delete "; or"                                                                                                              
      Insert "or who was living in a spousal relationship                                                                       
       with the person specified in (A) of this paragraph                                                                       
     when the person died; [OR]"                                                                                                
                                                                                                                                
     Page 1, line 10:                                                                                                           
     Delete "adult"                                                                                                             
     Insert "[ADULT]"                                                                                                           
     Following "child":                                                                                                         
     Insert ", brother, sister, grandparent, grandchild"                                                                        
                                                                                                                                
     Page 1, line 11, following "person;":                                                                                      
     Insert "or                                                                                                                 
     (iii)   any  other   interested  person,   as  may   be                                                                    
     designated by  a person having  authority in law  to do                                                                    
     so"                                                                                                                        
                                                                                                                                
     Page 1, line 12, through page 2, line 4:                                                                                   
     Delete all material and insert:                                                                                            
     "[(C)   ONE OF THE  FOLLOWING, NOT THE  PERPETRATOR, IF                                                                    
     THE PERSON SPECIFIED IN (A) OF THIS PARAGRAPH IS DEAD:                                                                     
     (i)   A PERSON  LIVING IN  A SPOUSAL  RELATIONSHIP WITH                                                                    
     THE DECEASED BEFORE THE DECEASED DIED;                                                                                     
     (ii)     AN  ADULT  CHILD,  PARENT,   BROTHER,  SISTER,                                                                    
     GRANDPARENT, OR GRANDCHILD OF THE DECEASED; OR                                                                             
     (iii)     ANY  OTHER  INTERESTED  PERSON,   AS  MAY  BE                                                                    
     DESIGNATED BY  A PERSON HAVING  AUTHORITY IN LAW  TO DO                                                                    
     SO]."                                                                                                                      
                                                                                                                                
REPRESENTATIVE SNYDER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  KURKA explained  that the  intent of  Amendment 2                                                               
would be to consolidate the  definitions of victims listed in the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
CHAIR CLAMAN  referred to a  message from the General  Counsel of                                                               
the  Alaska Court  System which  conveyed that,  under 12.45.015,                                                               
introduction of  the victim and  criminal defendant to  the jury,                                                               
and that,  under subsection (a),  during jury selection  and part                                                               
of an opening statement at  trial, a trial attorney may introduce                                                               
the  victim and  defendant  to  the jury,  and  it had  expressed                                                               
concern that  Amendment 2 could  subject very young victims  to a                                                               
jury in the midst of a criminal trial.                                                                                          
                                                                                                                                
1:40:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  asked whether  a youth may  or may  not be                                                               
called to trial under currently law.                                                                                            
                                                                                                                                
CHAIR CLAMAN answered that this  Amendment 2 would not pertain to                                                               
testimony at a  trial but to the introduction of  a victim during                                                               
a jury trial.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SNYDER suggested that  there had been disagreement                                                               
of  whether it  would  be appropriate  to  allow introduction  of                                                               
minor victims during trial.                                                                                                     
                                                                                                                                
CHAIR  CLAMAN   allowed  that  there  exists   a  very  different                                                               
perspective between matters  concerning a victim at age  15 and a                                                               
victim at age 3.                                                                                                                
                                                                                                                                
REPRESENTATIVE SNYDER asked whether  the proposed amendment would                                                               
compel a minor to testify at trial.                                                                                             
                                                                                                                                
CHAIR CLAMAN answered  that the statute contained  the word "may"                                                               
and that  a larger concern  would be a hypothetical  situation in                                                               
which the  picture of a  baby who may  have been impacted  [by an                                                               
alleged crime] was  presented during jury selection  and could be                                                               
prejudicial to the trial process.                                                                                               
                                                                                                                                
REPRESENTATIVE KURKA characterized the  concerns brought forth by                                                               
the court system  were valid and suggested that  the same concern                                                               
would exist  with the  underlying bill.   He noted  that brothers                                                               
and sisters  who may or may  not be adults should  be included as                                                               
victims.                                                                                                                        
                                                                                                                                
CHAIR CLAMAN  stated that  he would  not speak  on behalf  of the                                                               
General Counsel for the Alaska  Court System but speculated that,                                                               
if she  were present to  offer testimony, might suggest  that the                                                               
question of Amendment 2 would be  one of a policy decision by the                                                               
legislature.                                                                                                                    
                                                                                                                                
1:44:44 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:44 p.m. to 1:45 p.m.                                                                       
                                                                                                                                
1:46:03 PM                                                                                                                    
                                                                                                                                
TAYLOR WINSTON, Director, Office  of Victims' Rights, stated that                                                               
the  existing definition  of victim  consists  of three  separate                                                               
sets of  victims and the  court system had pointed  out potential                                                               
difficulties in merging them.   She stated that additional issues                                                               
that may have  not been vetted and contemplated  may exist should                                                               
the three sets be combined.                                                                                                     
                                                                                                                                
CHAIR  CLAMAN  asked  whether  the   Office  of  Victims'  Rights                                                               
supported  the proposed  amendment,  which  Ms. Winston  answered                                                               
that it did not support the proposed amendment.                                                                                 
                                                                                                                                
1:48:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether there existed  a benefit to                                                               
allowing adult siblings to qualify as victims.                                                                                  
                                                                                                                                
MS.  WINSTON  answered that  it  was  her  belief that  it  would                                                               
diminish existing  rights and explained  that in a  homicide, all                                                               
family  members  are  affected and  that  an  individual's  minor                                                               
status should not preclude him/her from victim status.                                                                          
                                                                                                                                
1:49:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  asked  whether  the  Office  of  Victims'                                                               
Rights did not  support the proposed amendment  solely because it                                                               
had not  been fully vetted  by the  organization or based  on its                                                               
merits.                                                                                                                         
                                                                                                                                
MS.  WINSTON allowed  that  ample time  to  review the  potential                                                               
impacts  of  the  proposed  amendment but  stated  that,  in  her                                                               
professional experience,  no issues had  arisen due to  the three                                                               
separate   groups  of   victims   and   suggested  that   ongoing                                                               
discussions or  examination of  other areas of  law may  still be                                                               
appropriate.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KURKA  asked   the  reason   for  a   qualifying                                                               
difference between victims defined in  subsections (b) and in (c)                                                               
and suggested that  minor children should be  included as victims                                                               
in subsection (c).                                                                                                              
                                                                                                                                
MS. WINSTON answered that the  original intent of SB 122 differed                                                               
from that which was trying to  be gained through amendments.  She                                                               
stated that  all victims are  defined in subsection (a)  and that                                                               
victims identified  under (b)(i)  and (b)(ii) could  have victims                                                               
rights expanded  to include minors  due to an exception  that may                                                               
be made  due to an  individual's minor status or  incapacity, and                                                               
the  bill would  allow an  adult  individual to  advocate on  the                                                               
minor's behalf.   She allowed that  other areas of law  may exist                                                               
that the change  to definition could exist to  achieve the stated                                                               
goals of  the amendment, she  stated her belief that  there could                                                               
be unintended  consequences should  the amendment be  adopted and                                                               
HB 122 pass.                                                                                                                    
                                                                                                                                
1:56:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA stated  that  he  considered the  amendment                                                               
reasonable and potential scenarios  existed where adult and minor                                                               
children should be defined as victims.                                                                                          
                                                                                                                                
REPRESENTATIVE SNYDER  maintained her objection to  the motion to                                                               
adopt Amendment 2.                                                                                                              
                                                                                                                                
1:57:58 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives Kurka,  Snyder,                                                               
Kreiss-Tomkins, and Eastman  voted in favor of Amendment  2 to SB
.   Representatives Vance, Drummond, and  Claman voted against                                                               
it.   Therefore, Amendment 2  was adopted by a  vote of 4-3.   SB
, as amended, was before the committee.                                                                                      
                                                                                                                                
1:59:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN expressed  his appreciation  to the  bill                                                               
sponsor  to examine  the existing  statute to  include additional                                                               
victims.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KURKA expressed his support for SB 122.                                                                          
                                                                                                                                
2:01:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER moved to report  SB 122, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There being  no objection,  HCS SB  122(JUD) was                                                               
reported out of the House Judiciary Standing Committee.