Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/10/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB200 | |
| SB176 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 176 | TELECONFERENCED | |
| *+ | SB 203 | TELECONFERENCED | |
| *+ | SB 200 | TELECONFERENCED | |
SB 200-WRONGFUL DEATH OF AN UNBORN CHILD
1:36:38 PM
CHAIR COGHILL announced the consideration of SB 200. "An Act
establishing a right of action for the death of an unborn child
in certain circumstances." This was the first hearing.
1:36:42 PM
SENATOR MCGUIRE, speaking as sponsor of SB 200, explained that
this rounds out legislation that Senator Dyson introduced
several years ago that deemed an unborn child a victim the same
as the pregnant mother who was the victim of any negligent or
unlawful actions. What wasn't done at the time was to allow for
civil law recovery. SB 200 does that.
AS 09.15.018 is a new section that adds an action for the
wrongful death of an unborn child. Nothing will bring the child
back but this gives the parents a path to justice through both
civil and criminal avenues and perhaps an opportunity towards
healing, she said.
CHAIR COGHILL asked what general level of proof this would
require.
SENATOR MCGUIRE replied the mental intent is intentional action
and negligence in the area of wrongful death.
1:42:47 PM
CARL E. BRENT, representing himself, Wasilla, Alaska, testified
in support of SB 200. He said it wasn't until his family went
through a terrible loss that he became aware that Alaska was one
of just ten states that do not recognize deceased children in
civil court. This should be fixed so that young couples in the
future don't have to face this loss and have no civil recourse.
1:44:18 PM
MARY HARNED, Staff Counsel, Americans United for Life,
Washington, D.C. testified in support of SB 200. She testified
as follows on behalf of Jackson's Law:
Alaska currently bars a cause of action for deaths of
an unborn child unless the child is born alive and
dies thereafter. As Senator McGuire stated, this
limitation starkly contrasts with Alaska's criminal
law, which recognizes that an unborn child at any
stage of development may be considered a victim of
murder, manslaughter, and criminally negligent
homicide.
The wrongful death cause of action is intended to
correct this law and the common law where no cause of
action survives the victim's death. Thus, the wrong-
doer could escape liability by inflicting injury so
severe that they resulted in the death of his victims,
which is a terrible irony that was in the law before
wrongful death statutes started to be enacted in the
states.
Forty states recognize that a parent should be
permitted to bring a wrongful death action when his or
her unborn child dies in the womb as a result of a
third party's criminal action, negligence,
malpractice, or production or distribution of an
unsafe product. Tragically, Alaska parents of unborn
children who lose their lives because of the wrongful
acts or omissions of others cannot receive this
justice. These parents unquestionably have interest in
the life, health, and wellbeing of their children.
Wrongful behavior which results in the death of an
unborn child carries the same social and emotional
costs, including bereavement, a loss to society, and
the lawlessness and disregard for life, which
characterizes negligence, harmful and wrongful
behavior.
Jackson's Law will extend the protections provided by
the state's wrongful death statute to all unborn
children in Alaska.
1:46:53 PM
JON GOODWIN, representing himself, Wasilla, Alaska, testified in
support of SB 200. He advised that the bill is named after his
son, Jackson. He started working on this legislation shortly
after Jackson passed and he became aware that Alaska doesn't
recognize unborn children in civil court. He described the pain
of losing a child at 42 weeks gestation only to have people
express condolences at his wife's miscarriage. Jackson was 9.5
pounds and fully developed and would be here today but for the
healthcare that was provided that day, Mr. Goodwin said.
MR. GOODWIN advised that he has been to Iraq and Afghanistan
where he lost good friends and was shot down in 2005. He had to
deal with Post-Traumatic Stress Disorder (PTSD), but the death
of Jackson has been more traumatic than any pain he experienced
overseas. Drawing from an ethics law course, he stated that the
community that feels no moral indignation over a crime being
committed against one of its members, and fails to stand up for
that member, fails to show the respect that victims deserve. Mr.
Goodwin stressed that it's the right thing for the community to
recognize this shortcoming in the law.
1:49:18 PM
SENATOR WIELECHOWSKI joined the committee.
CHAIR COGHILL stated that this committee respects victims to the
highest degree possible.
1:54:37 PM
SUSANNE HANCOCK, representing herself, Anchorage, Alaska,
testified in support of SB 200. She said she was testifying from
a personal perspective as a good friend of the Wallace and
Goodwin families. She is part of the ripple effect of the
tragedy; she was looking forward to seeing their baby.
1:55:53 PM
KIMBERLY WALLACE-GOODWIN, representing herself, Wasilla, Alaska,
testified in support of SB 200. She related that she and her
husband lost their son, Jackson Wallace-Goodwin on December 6,
2012. His passing has impacted the entire family, including the
grandparents, aunts and uncles, friends and their families. She
urged the committee support SB 200 and give a voice to those
like Jackson who do not have a voice.
1:57:10 PM
LELA RAYMOND, representing herself, Ketchikan, Alaska, testified
in support of SB 200. She stated she was testifying on behalf on
her nephew, Tanner Eugene Richards, who was lost about 16 months
ago. Her niece went to the hospital at full term expressing that
something was wrong. She spent about five hours with a nurse who
never called the doctor despite repeated requests. The baby was
alive and had a heartbeat when she went to the hospital, but he
died in that five hours and her niece had to deliver a dead
baby. Ms. Raymond said the nurse kept second-guessing herself
and she believes that if that nurse knew she would get in
trouble if something went wrong she might have called somebody.
That may have saved Tanner's life. Passing SB 200 will help
prevent things like this from happening in the future, she said.
2:00:50 PM
APRIL DISHNEAU, representing herself, Palmer, Alaska, testified
in support of SB 200. She described her experience as a high-
risk pregnant mother who lost her baby three years ago. She was
rushed to the hospital at 36 weeks with high blood pressure.
When her blood pressure went down, she was told to go home and
bed rest. Her placenta ruptured after just a day and her baby
died.
2:02:40 PM
SHIELA WALLACE, representing herself, Kodiak, Alaska, testified
in support of SB 200. As Jackson's grandmother she advised that
she is one of the people affected by this and would like the
committee to pass the bill.
CHAIR COGHILL asked the sponsor to discuss the required mental
state.
SENATOR MCGUIRE said the bill is meant to coincide with AS
11.41.150-170, which is murder of an unborn child, manslaughter
of an unborn child, and criminally negligent homicide of an
unborn child. The mental state for .150 is intent to kill an
unborn child; the mental state for .160 is intentionally,
knowingly, or recklessly causing the death of an unborn child;
and the mental state for .170 is with criminal negligence the
person causes the death of an unborn child. She noted that the
drafter inserted this new section under civil damages in Title
9. The action for wrongful death of an unborn child is added to
the two current sections that allow parents to sue for seduction
of a child and for death or disability of a party.
She read the description in subsection (a) and committed to
bring a better definition of "wrongful act" and "omission" to
the next hearing since the standards aren't specifically linked
to those found in the criminal code. She thanked the families
for testifying on such a difficult topic.
2:08:12 PM
CHAIR COGHILL stated his intention to hold SB 200 for further
discussion.
SENATOR WIELECHOWSKI asked if the Department of Law was present.
CHAIR COGHILL said a representative would be available on
Wednesday.
SENATOR WIELECHOWSKI expressed interest in hearing from DOL
about the constitutionality of the bill given the definition of
unborn child in AS 11.81.962, and about potential damages. He
also questioned whether doctors and nurses or anyone from the
medical community had weighed in on the bill. He assumed that
the bill wouldn't apply to harm to the fetus through the morning
after pill or mothers who drink during pregnancy, but he'd like
that on the record.
2:10:39 PM
SENATOR MCGUIRE responded to the questions. First, the bill
specifically tracks the criminal bill that was passed in 2006;
it has the definition of unborn child in AS 11.81.900 but it
doesn't separate by trimesters. DOL might have an opinion about
the constitutionality of the bill, but her opinion is that it
would be constitutional. She suspected that damages would relate
to the pain and suffering of the parents as opposed to the
potential for a child's life at one week of development. She
conceded that the argument about doctors and nurses was valid in
the discussion of the bill. Finally, the bill specifically
exempts the morning after pill or anything related to abortion
and any act of a pregnant woman against herself.
CHAIR COGHILL suggested the sponsor look at how the 40 other
states with similar legislation had addressed those questions.
2:13:17 PM
CHAIR COGHILL held SB 200 in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Written Testimony / Supporting Documents.zip |
SJUD 3/10/2014 1:30:00 PM |
SB 176 |
| SB200-LAW-CIV-03-07-14.pdf |
HRLS 4/13/2014 2:00:00 PM SJUD 3/10/2014 1:30:00 PM |
SB 200 |
| Sectional Analysis.pdf |
HRLS 4/13/2014 2:00:00 PM SJUD 3/10/2014 1:30:00 PM |
SB 200 |
| Sponsor Statement.pdf |
SJUD 3/10/2014 1:30:00 PM |
SB 200 |
| Supporting Document.pdf |
HRLS 4/13/2014 2:00:00 PM SJUD 3/10/2014 1:30:00 PM |
SB 200 |
| UA Legal Analysis.pdf |
SJUD 3/10/2014 1:30:00 PM |
SB 176 |