04/21/2021 01:30 PM Senate JUDICIARY

                    SB 122-VICTIM DEFINITION                                                                                
                                                                                                                                
2:48:22 PM                                                                                                                    
CHAIR   HOLLAND  reconvened   the  meeting   and  announced   the                                                               
consideration of  SENATE BILL  NO. 122, "An  Act relating  to the                                                               
definition of 'victim.'"                                                                                                        
                                                                                                                                
[SB 122 was previously heard  on 4/12/21 and public testimony was                                                               
opened and closed.]                                                                                                             
                                                                                                                                
2:48:32 PM                                                                                                                    
SENATOR LORA REINBOLD, Alaska  State Legislature, Juneau, Alaska,                                                               
as  sponsor  of SB  122,  said  that  this  bill relates  to  the                                                               
definition of victim. She read the sponsor statement:                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     SB122 is  a bill that  removes the word  "adult" before                                                                    
     the word "child"  in the definition in  AS 12.55.185 (C                                                                    
     ii). By  removing the word  adult, the definition  of a                                                                    
     victim will include a child of  a person who has been a                                                                    
     victim  of  a  crime  when  a  parent  or  guardian  is                                                                    
     deceased. SB122  will ensure victim rights  for a child                                                                    
     of a deceased parent or guardian.                                                                                          
                                                                                                                                
SENATOR REINBOLD provided a sectional analysis:                                                                                 
                                                                                                                                
     On  page 2,  line  1, delete  language  [AN ADULT]  and                                                                    
     insert "a"                                                                                                             
                                                                                                                                
2:49:42 PM                                                                                                                    
KELLI   TOTH,  Staff,   Senator  Lora   Reinbold,  Alaska   State                                                               
Legislature,  Juneau, Alaska,  on behalf  of the  sponsor, stated                                                               
the reason  for the  bill is  that a  child wanted  to be  in the                                                               
courtroom  for  the proceedings  of  a  deceased parent  but  was                                                               
denied by the judge.                                                                                                            
                                                                                                                                
2:50:17 PM                                                                                                                    
SENATOR  HUGHES said  she appreciated  the  sponsor working  with                                                               
Taylor Winston,  who was denied access  to courtroom proceedings.                                                               
She said  she understood that  sometimes, minors were  allowed in                                                               
the  courtroom  when a  parent  was  incapacitated. The  judicial                                                               
practice has allowed children who want  to be in the courtroom to                                                               
be  present at  the  proceedings. She  related her  understanding                                                               
that this was not a problem in those cases.                                                                                     
                                                                                                                                
2:51:13 PM                                                                                                                    
SENATOR REINBOLD explained that SB  122 will address the issue so                                                               
that any  child can have those  rights. She said that  the courts                                                               
have  been lenient  by  allowing children  to  be present  during                                                               
court proceedings.  However, one child was  denied that privilege                                                               
and she did  not want that to happen in  the future. She deferred                                                               
to her staff to confirm.                                                                                                        
                                                                                                                                
2:51:57 PM                                                                                                                    
MS. TOTH answered that is correct.                                                                                              
                                                                                                                                
2:52:03 PM                                                                                                                    
SENATOR HUGHES  related her understanding  that if the  parent is                                                               
deceased, the  bill will  allow a  minor child  to be  present in                                                               
court proceedings.  However, if  the parent is  incapacitated, it                                                               
does not change  that language to a minor child.  She related her                                                               
understanding  that this  has  not  been a  problem  but at  some                                                               
point, the legislature may wish to address that aspect.                                                                         
                                                                                                                                
2:52:31 PM                                                                                                                    
SENATOR SHOWER asked  the sponsor if she was happy  with the bill                                                               
or would like a friendly amendment.                                                                                             
                                                                                                                                
SENATOR  REINBOLD responded  that  she was  comfortable with  the                                                               
change to address  the initial concern. She was not  aware of any                                                               
other issues. She  stated that the Office of  Victims' Rights has                                                               
vetted the bill.                                                                                                                
                                                                                                                                
SENATOR SHOWER  asked if the  Office of Victims' Rights  is happy                                                               
with the bill in its current form.                                                                                              
                                                                                                                                
[There appeared to be assent.]                                                                                                  
                                                                                                                                
2:54:03 PM                                                                                                                    
SENATOR KIEHL said  he appreciated the sponsor  bringing the bill                                                               
forward so  minor children could  be present  during proceedings.                                                               
He  related his  understanding that  the departments  continue to                                                               
interpret  this language  as an  inclusive list.  This bill  will                                                               
clear up one incident that was handled differently.                                                                             
                                                                                                                                
2:55:16 PM                                                                                                                    
SENATOR REINBOLD stated that SB 122 has a zero fiscal note.                                                                     
                                                                                                                                
[SB 122 was held in committee.]