Legislature(2003 - 2004)
01/30/2004 01:10 PM House JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 348 - NOTICE RE OFFICE OF VICTIMS RIGHTS Number 0093 CHAIR McGUIRE announced that the first order of business would be HOUSE BILL NO. 348, "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights." House Bill 348 has four prime sponsors: Representatives Stoltze, Dahlstrom, Samuels, and McGuire. Number 0193 REPRESENTATIVE GRUENBERG moved to adopt the proposed committee substitute (CS) for HB 348, Version 23-LS1320\Q, Luckhaupt, 1/28/04, as the working document. There being no objection, Version Q was before the committee. Number 0207 REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, one of the prime sponsors of HB 348, noted that Version Q has a positive change, and that Representative Gara had suggested adding some extra information [regarding the Violent Crimes Compensation Board (VCCB)] to the Office of Victims' Rights' brochure and putting such language in the bill in the form of a message from the legislature to the Office of Victims' Rights (OVR). Representative Stoltze talked about staff's alternative suggestion to add a letter of intent. REPRESENTATIVE GRUENBERG turned attention to page 3, line 14 of the bill, and said it seemed to him that if the victim is of an age in which he/she can read, the notice should be given to the victim as well as the parent or guardian. He suggested the following as an amendment: Page 3, line 14, after "shall" Insert "also" REPRESENTATIVE GRUENBERG said this language would make it clear that the notice should go the victim and the parent. REPRESENTATIVE STOLTZE said he did not have an opinion on the proposed amendment. Number 0388 REPRESENTATIVE GRUENBERG moved to adopt the foregoing as Amendment 1. Number 0411 REPRESENTATIVE GARA objected for purposes of discussion. He asked Representative Gruenberg to consider that the amendment may create an [additional step in the process] if either the parent or the victim are not at the same location. REPRESENTATIVE GRUENBERG clarified that it is his intent that the notice be given to the person that is not present as soon as possible. He said the situation may arise anytime, for example, if the victim is unconscious. Representative Gruenberg said he thought common sense should be used. REPRESENTATIVE GARA asked if [the amendment would require that both the parent and the victim be given the notice]. He suggested that notifying both the parent and the victim might be an administrative burden. REPRESENTATIVE GRUENBERG said he was sure it could be dealt with if it became a problem. He said he believed it was very important that both the parent and the victim have the notice. REPRESENTATIVE SAMUELS, one of the prime sponsors of HB 348, said a 15-year-old rape victim should know his/her rights regardless of whether the parents are present. He said he was in agreement with Representative Gruenberg that it would help a young victim to understand his/her rights. CHAIR McGUIRE, one of the prime sponsors of HB 348, surmised that Amendment 1 would require that both the victim and the parent be given the notice. If either the victim or parent is not present during the process, the notice would be provided to the absent party through first class mail. She said the intention is not for the notification to be a burden, but the committee feels it is appropriate that both parties be notified. REPRESENTATIVE GARA removed his objection. Number 0572 CHAIR McGUIRE asked if there was any further objection to the motion to adopt Amendment 1. There being no objection, Amendment 1 was adopted. Number 0600 REPRESENTATIVE GARA moved to adopt Amendment 2, [23-LS1320\H.2, Luckhaupt, 1/30/04] which read: Page 1, line 2, following "rights": Insert "and the Violent Crimes Compensation Board" Page 3, following line 17: Insert new bill sections to read: "* Sec. 2. AS 24.65.100 is amended by adding a new subsection to read: (d) The victims' advocate shall provide written material to be given out to victims of crime as required by AS 12.61.010. The written material must contain a brief statement about compensation available from the Violent Crimes Compensation Board and contact information for that board. * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY OF SECTION 2 OF THIS ACT. Section 2 of this Act requires the victims' advocate to include within brochures or other written material to be given to certain crime victims information about compensation available from the Violent Crimes Compensation Board. This requirement applies only to brochures or other written material printed after the effective date of this Act. The victims' advocate may continue to supply brochures or other written material printed before the effective date of this Act until those brochures or materials are exhausted." Number 0617 REPRESENTATIVE SAMUELS objected. REPRESENTATIVE GARA said he wanted to include information in the OVR's brochure that specifies that there is also a Violent Crimes Compensation Board. REPRESENTATIVE GARA suggested amending Amendment 2, as follows: Line 9, Delete "compensation available from" [Although there was no further discussion on this point, this amendment to Amendment 2 was treated as adopted.] REPRESENTATIVE GRUENBERG said he liked the idea of the language "compensation available from" because it is possible that certain crimes are compensable even if others are not. REPRESENTATIVE GARA said that determining whether a crime was compensable would require a "legal call" by the person handing out the pamphlets and [it is not his intention] to make the person providing the information an expert in this area. He said he wanted to put as minimal a requirement as possible upon the OVR to include a very brief statement in its brochure that the VCCB exists and include the contact information. He said he crossed out the extra words because he didn't want to make the statement more than a couple of sentences if the [OVR] feels that is all that will fit in a brochure. Representative Gara expressed frustration about the length of Amendment 2, and said if the OVR wants to make the information more elaborate, that would be great, but he wanted to give the OVR that discretion. He noted that the reason that he wanted to add an amendment rather than a letter of intent is because with a letter of intent, the statements of purpose disappear very shortly after the law is passed. He indicated that the successor to the current director of the OVR might not see the [letter of intent]. REPRESENTATIVE GARA again moved to adopt Amendment 2 [as amended]. REPRESENTATIVE SAMUELS objected. REPRESENTATIVE STOLTZE noted that compensation doesn't get discussed until there is an adjudication of guilt or innocence, and that's really far down the line. He said there is not a presumption that there is a compensation that early in the process. Number 0860 CHAIR McGUIRE indicated her hope that just Section 2 [of Amendment 2] would remain; although, she added, Section 3 of Amendment 2 is needed to explain that there is no liability. She surmised that generally, applicability provisions do not show up in future statutes, and mentioned that the OVR might be reprinting its brochure in March anyway. REPRESENTATIVE GARA agreed that Section 3 will disappear. He explained that the uncodified laws will show up in the session laws next year but will never show up in the statute books afterward. He said he shared members' frustration because he thought the amendment could be a lot shorter than what came back from [the drafter]. REPRESENTATIVE GRUENBERG asked if Section 3 of Amendment 2 could be done as a letter of intent, adding that because the committee is doing a letter of intent anyway, if Representative Gara would remove Section 3 from Amendment 2, when the committee takes up the letter of intent, Section 3's language can be added to it. CHAIR McGUIRE said Section 2 supercedes the letter of intent that the committee currently has, so the new letter of intent could actually be the concept contained in Section 3 [of Amendment 2]. Number 0955 REPRESENTATIVE GARA moved to amend Amendment 2 by deleting Section 3. There being no objection, it was so ordered. CHAIR McGUIRE asked if there was objection [to the motion to adopt Amendment 2, as amended]. There being none, Amendment 2, as amended, was adopted. Number 1011 REPRESENTATIVE GRUENBERG moved to report the proposed CS for HB 348 [Version 23-LS1320\Q, Luckhaupt, 1/28/04], as amended, out of committee [with individual recommendations and the accompanying zero fiscal notes]. There being no objection, CSHB 348(JUD) was reported from the House Judiciary Standing Committee. CHAIR McGUIRE turned attention to the original letter of intent, which read [original punctuation provided]: It is the intent of the Alaska House of Representatives that the Office of Victim's Rights provide contact information for the Violent Crimes Compensation Board on their informational brochure offered to the public. REPRESENTATIVE GRUENBERG explained that the new letter of intent would read: APPLICABILITY OF SECTION 2 OF THIS ACT. Section 2 of this Act requires the victims' advocate to include within brochures or other written material to be given to certain crime victims information about compensation available from the Violent Crimes Compensation Board. This requirement applies only to brochures or other written material printed after the effective date of this Act. The victims' advocate may continue to supply brochures or other written material printed before the effective date of this Act until those brochures or materials are exhausted. Number 1093 CHAIR McGUIRE asked if there was any objection to reporting the new letter of intent CSHB 348(JUD). There being no objection, the letter of intent for CSHB 348(JUD) was reported from the House Judiciary Standing Committee. REPRESENTATIVE GRUENBERG suggested that the House Judiciary Standing Committee provide a zero fiscal note specifying the committee's intention that the state does not spend any money on HB 348. CHAIR McGUIRE, in response, said the committee would [create a zero fiscal note]. [CSHB 348(JUD) was reported from the House Judiciary Standing Committee.]
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