02/16/2006 08:30 AM Senate JUDICIARY

             SB 206-DETENTION OF MATERIAL WITNESSES                                                                         
                                                                                                                                
8:51:59 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 206 to be up for consideration.                                                                
                                                                                                                                
SENATOR CON BUNDE,  sponsor, introduced the bill. He  said he was                                                               
surprised to  learn that Alaska  did not already have  a material                                                               
witness law. He cited an example  of a recent gang shooting where                                                               
the potential victims refused to  talk with the local police. The                                                               
police had  no ability  to hold them  as material  witnesses. The                                                               
escalating  level of  gang violence  in Alaska,  particularly the                                                               
Anchorage area, militates the need for SB 206.                                                                                  
                                                                                                                                
SB 206 proposes  to set guidelines and protections  for issuing a                                                               
material witness order. It would  allow a prosecuting attorney or                                                               
defendant to  apply to the superior  court to compel a  person to                                                               
appear at a  material witness hearing if there  is probable cause                                                               
to   believe  the   person  has   information  relevant   to  the                                                               
prosecution or  defense, and the  witness is unlikely  to respond                                                               
to a subpoena. The  intent of the bill is to  balance the need to                                                               
protect individual  freedom with  the ability to  prosecute crime                                                               
and to provide defendants with witnesses on their behalf.                                                                       
                                                                                                                                
8:56:12 AM                                                                                                                    
SENATOR HOLLIS FRENCH asked Senator  Bunde whether the Department                                                               
of Law was prepared to answer questions related to the bill.                                                                    
                                                                                                                                
SENATOR  BUNDE said  a representative  of  the court  was in  the                                                               
room.                                                                                                                           
                                                                                                                                
SENATOR FRENCH  asked whether the  bill was modeled  from another                                                               
state.                                                                                                                          
                                                                                                                                
SENATOR BUNDE  advised the committee  that they  researched other                                                               
states.                                                                                                                         
                                                                                                                                
8:58:26 AM                                                                                                                    
LAUREN  RICE,  staff  to  Senator  Bunde,  elaborated  that  they                                                               
modeled SB 206 after New Jersey legislation.                                                                                    
                                                                                                                                
SENATOR  FRENCH asked  the number  of states  that have  material                                                               
witness legislation.                                                                                                            
                                                                                                                                
MS. RICE did  not know the number but speculated  that a majority                                                               
of the other states have material witness legislation.                                                                          
                                                                                                                                
CHAIR SEEKINS held the bill in committee.