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  to  adopt 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                                                               
was  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 AS 12.45.015,                                                               
introduction of  the victim and  criminal defendant to  the jury,                                                               
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; the  message 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 current law.                                                                                              
                                                                                                                                
CHAIR  CLAMAN answered  that  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 Alaska  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, she 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  Alaska 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.   In  response to                                                               
Chair Claman,  she confirmed that  the Office of  Victims' Rights                                                               
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 them 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  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 (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.                                                                       
                                                                                                                                
1:59:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN expressed  his appreciation  to the  bill                                                               
sponsor in  examining the existing statute  to include additional                                                               
victims.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KURKA  expressed  his  support  for  SB  122,  as                                                               
amended.                                                                                                                        
                                                                                                                                
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.