Legislature(2023 - 2024)DAVIS 106
03/19/2024 03:00 PM House HEALTH & SOCIAL SERVICES
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Audio | Topic |
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Start | |
Confirmation Hearing(s):|| State Medical Board | |
HB275 | |
HCR9 | |
HB361 | |
HB346 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
+= | HB 275 | TELECONFERENCED | |
*+ | HCR 9 | TELECONFERENCED | |
*+ | HB 361 | TELECONFERENCED | |
*+ | HB 346 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
HB 275-SEXUAL ASSAULT EXAMINATION KITS/TRACKING 3:27:03 PM CHAIR PRAX announced that the next order of business would be HOUSE BILL NO. 275, "An Act relating to sexual assault examination kits; establishing the sexual assault examination kit tracking system; and providing for an effective date." 3:27:51 PM CHAIR PRAX handed the gavel to Vice-Chair Ruffridge. VICE CHAIR RUFFRIDGE announced the committee would entertain amendments. [Amendments 1-4 were included in the committee packet but never offered.] 3:28:07 PM REPRESENTATIVE PRAX moved to adopt Amendment 5 to HB 275, labeled 33-GH2317\A.5, C. Radford, 3/15/24, which read as follows: Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 12.61.010(a) is amended to read: (a) Victims of crimes have the following rights: (1) the right to be present during any proceeding in (A) the prosecution and sentencing of a defendant if the defendant has the right to be present, including being present during testimony even if the victim is likely to be called as a witness; (B) the adjudication of a minor as provided under AS 47.12.110; (2) the right to be notified by the appropriate law enforcement agency or the prosecuting attorney of any request for a continuance that may substantially delay the prosecution and of the date of trial, sentencing, including a proceeding before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which the defendant's release from custody is considered; (3) the right to be notified that a sentencing hearing or a court proceeding to which the victim has been subpoenaed will not occur as scheduled; (4) the right to receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts and to be provided with information as to the protection available; (5) the right to be notified of the procedure to be followed to apply for and receive any compensation under AS 18.67; (6) at the request of the prosecution or a law enforcement agency, the right to cooperate with the criminal justice process without loss of pay and other employee benefits except as authorized by AS 12.61.017 and without interference in any form by the employer of the victim of crime; (7) the right to obtain access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having medical assistance administered; however, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance; (8) the right to make a written or oral statement for use in preparation of the presentence report of a felony defendant; (9) the right to appear personally at the defendant's sentencing hearing to present a written statement and to give sworn testimony or an unsworn oral presentation; (10) the right to be informed by the prosecuting attorney, at any time after the defendant's conviction, about the complete record of the defendant's convictions; (11) the right to notice under AS 12.47.095 concerning the status of the defendant found not guilty by reason of insanity; (12) the right to notice under AS 33.16.087 of a hearing concerning special medical parole of the defendant; (13) the right to notice under AS 33.16.120 of a hearing to consider or review discretionary parole of the defendant; (14) the right to notice under AS 33.30.013 of the release or escape of the defendant; [AND] (15) the right to be notified orally and in writing of and receive information about the office of victims' rights from the law enforcement officer initially investigating the crime and from the prosecuting attorney assigned to the offense; at a minimum, the information provided must include the address, telephone number, and Internet address of the office of victims' rights; this paragraph (A) applies only to victims of felonies and to victims of class A misdemeanors if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41; if the victim is an unemancipated minor, the law enforcement officer and the prosecuting attorney shall also provide the notice required by this paragraph to the parent or guardian of the minor; (B) is satisfied if, at the time of initial contact with the crime victim, the investigating officer and prosecuting attorney each give each crime victim a brochure or other written material prepared by the office of victims' rights and provided to law enforcement agencies for that purpose; and (16) the right to be notified of the location and testing date of a sexual assault examination kit collected from the victim." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 3, line 27: Delete "Section 7" Insert "Section 8" VICE CHAIR RUFFRIDGE objected for the purpose of discussion. REPRESENTATIVE PRAX explained that Amendment 5 would give a sexual assault victim the right to be notified of the location and testing date of their sexual assault examination kit. 3:28:47 PM REPRESENTATIVE FIELDS asked whether any organizations had given background or guidance in the creation of Amendment 5. REPRESENTATIVE PRAX directed his answer to Lisa Purinton of the Alaska Department of Public Safety. 3:29:04 PM LISA PURINTON, Legislative Liaison, Department of Public Safety (DPS), explained that the proposed Amendment was created while working with the Alaska Network on Domestic Violence and Sexual Assault (ANDVSA). REPRESENTATIVE SADDLER asked whether Amendment 5 would effectively duplicate language on page 3, lines 12-15 of HB 275 and create any conflict in the bill language. MS. PURINTON replied that Amendment 5 would codify victims' rights in statute and explained that DPS doesn't foresee any conflicts arising due to the proposed amendment's language. 3:32:51 PM VICE CHAIR RUFFRIDGE asked whether a victim was already entitled to be notified of the time and location that their sexual assault examination kits would be tested. MS. PURINTON explained that a victim would be given information into their case upon the beginning of the investigation. VICE CHAIR RUFFRIDGE asked whether people aren't currently being notified of their sexual assault examination kit's test time and locations. MS. PURINTON referred the question to David Kanaris of DPS. 3:35:40 PM DAVID KANARIS, Forensic Laboratories, Division of Statewide Services, Department of Public Safety, responded that he doesn't have a comprehensive list of that which a victim is notified upon the beginning of the investigation of their sexual assault examination kit and said that the responsibility lies mainly upon the medical provider. VICE CHAIR RUFFRIDGE removed his objection. There being no further objection, Amendment 5 to HB 275 was adopted. [Vice Chair Ruffridge handed the gavel back to Chair Prax.] 3:37:22 PM REPRESENTATIVE SADDLER asked about the practicality of the timeline of seven days to return a report on a sexual assault examination kit. 3:38:47 PM MS. PURINTON answered that DPS would not be opposed to a change in the timeline. REPRESENTATIVE SADDLER asked whether 14 days would be a better timeline for the investigation of a sexual assault examination kit. MS. PURINTON explained that a 14-day timeline would restart at each stage of the investigation, so a longer timeline would have a cascading effect on the entire investigation process. 3:41:36 PM REPRESENTATIVE MINA asked whether DPS has an idea of the average amount of time it takes for a nurse to test sexual assault examination kits. MS. PURINTON answered that 6.8 days is the current average time it takes to perform testing on a sexual assault examination kit. REPRESENTATIVE MINA asked whether there is any difference in the timeline for a rural case versus an urban case. MS. PURINTON deferred to Mr. Kanaris. 3:43:28 PM MR. KANARIS replied that there has been no data on the difference between rural and urban sexual assault examination kit test times aggregated within the last six months. 3:44:29 PM REPRESENTATIVE SADDLER moved Conceptual Amendment [6] to HB 275, as follows: Page 1, line 9: Delete "Seven" Insert "Fourteen" REPRESENTATIVE RUFFRIDGE objected. REPRESENTATIVE SADDLER explained that he offered Conceptual Amendment [6] to HB 275 because he doesn't want to overburden the investigation system and said that he had heard enough evidence to prove the need for the change in the timeline of sexual assault examination kit testing. 3:45:46 PM REPRESENTATIVE RUFFRIDGE commented that the current bill language contains no penalties for taking any longer than the current seven-day timeline that is codified in statute and further opined that the witness letter he is referencing is aspiring for a shorter timeline, not a longer one. 3:47:44 PM REPRESENTATIVE FIELDS said that the DPS should aim for best standard achievable and shared his support of Representative Ruffridge's position on Conceptual Amendment [6] to HB 275. 3:49:22 PM The committee took an at-ease from 3:49 p.m. to 3:50 p.m. 3:50:25 PM MS. PURINTON clarified how medical timelines would work and said that a 10-day timeline would be better than a 14-day timeline. 3:51:37 PM REPRESENTATIVE SADDLER moved to adopt Conceptual Amendment 1 to Conceptual Amendment [6] to HB 275, to change "Fourteen" to "Ten". REPRESENTATIVE RUFFRIDGE objected. A roll call vote was taken. Representatives Mina and Saddler voted in favor of Conceptual Amendment 1 to Conceptual Amendment [6] to HB 275. Representatives Fields, Ruffridge, and Prax voted against it. Therefore, Conceptual Amendment 1 to Conceptual Amendment [6] to HB 275 failed by a vote of 2-3. CHAIR PRAX offered his understanding that the committee, in failing to adopt Conceptual Amendment 1 to Conceptual Amendment [6] now had HB 275, as amended, before it. [The motion to adopt Conceptual Amendment [6] was not addressed further; Conceptual Amendment [6] was treated as not adopted.] 3:54:46 PM REPRESENTATIVE RUFFRIDGE moved to report HB 275, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 275 (HSS) was reported out of the House Health and Social Services Standing Committee.
Document Name | Date/Time | Subjects |
---|---|---|
David Wilson Medical Board App_Redacted.pdf |
HHSS 3/19/2024 3:00:00 PM |
Governor's Appointee |
David Wilson Medical Board Resume_Redacted.pdf |
HHSS 3/19/2024 3:00:00 PM |
Governor's Appointee |
HCR 9 Ver A.pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
HB 361 Version A.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
HB 346 Article APM 3.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
HB 346 Sectional Analysis.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
HB 346 Sponsor Statement.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
HB 346 Support Doc APM 2.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
HB 346 Support Doc. Article APM 1.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
HB 346 Version A.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
HB 361 Sectional Analysis.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
HB 361 Sponsor Statement.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
HCR 9 Sponsor Statement.pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
HB 275 Amendment A.5 #5.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 275 |
HB 361 Fiscal Note DOH-MS.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
HB 346 Fiscal Note MVA-DHSEM.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 346 |
HCR 9 AMHB.ABADA Support.pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
HCR 9 Parity Presentation .pdf |
HHSS 3/19/2024 3:00:00 PM |
HCR 9 |
HB 275 Forensic Nurse Testimony.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 275 |
HB 361 Presentation v.2.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 361 |
HB 275 (H)HSS DPS Follow-Up 3.13.24.pdf |
HHSS 3/19/2024 3:00:00 PM |
HB 275 |