Legislature(2013 - 2014)CAPITOL 120
02/18/2013 01:00 PM House JUDICIARY
Audio | Topic |
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Start | |
HB1 | |
HB69 | |
HB73 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HB 1 | TELECONFERENCED | |
+= | HB 69 | TELECONFERENCED | |
+= | HB 73 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 83 | TELECONFERENCED | |
HB 73 - CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT 1:56:11 PM CHAIR KELLER [announced that the final order of business would be] HOUSE BILL NO. 73, "An Act relating to the commencement of actions for felony sex trafficking and felony human trafficking; relating to the crime of sexual assault; relating to the crime of unlawful contact; relating to forfeiture for certain crimes involving prostitution; relating to the time in which to commence certain prosecutions; relating to release for violation of a condition of release in connection with a crime involving domestic violence; relating to interception of private communications for certain sex trafficking or human trafficking offenses; relating to use of evidence of sexual conduct concerning victims of certain crimes; relating to procedures for granting immunity to a witness in a criminal proceeding; relating to consideration at sentencing of the effect of a crime on the victim; relating to the time to make an application for credit for time served in detention in a treatment program or while in other custody; relating to suspending imposition of sentence for sex trafficking; relating to consecutive sentences for convictions of certain crimes involving child pornography or indecent materials to minors; relating to the referral of sexual felonies to a three-judge panel; relating to the definition of 'sexual felony' for sentencing and probation for conviction of certain crimes; relating to the definition of "sex offense" regarding sex offender registration; relating to protective orders for stalking and sexual assault and for a crime involving domestic violence; relating to the definition of 'victim counseling centers' for disclosure of certain communications concerning sexual assault or domestic violence; relating to violent crimes compensation; relating to certain information in retention election of judges concerning sentencing of persons convicted of felonies; relating to remission of sentences for certain sexual felony offenders; relating to the subpoena power of the attorney general in cases involving the use of an Internet service account; relating to reasonable efforts in child-in-need-of-aid cases involving sexual abuse or sex offender registration; relating to mandatory reporting by athletic coaches of child abuse or neglect; making conforming amendments; amending Rules 16, 32.1(b)(1), and 32.2(a), Alaska Rules of Criminal Procedure, Rule 404(b), Alaska Rules of Evidence, and Rule 216, Alaska Rules of Appellate Procedure; and providing for an effective date." 1:56:37 PM RICHARD SVOBODNY, Deputy Attorney General, Central Office, Criminal Division, Department of Law (DOL), relayed that he would be addressing issues raised during the last two hearings on HB 73. With regard to Sections 1 and 20-21 of HB 73 - which would reverse the Alaska Court of Appeals decision in Collins v. State, 287 P.3d 791 (Alaska App. 2012), wherein for purposes of sentencing a person convicted of a felony sex offense, the court, based on a 2006 legislative letter of intent accompanying legislation increasing the presumptive sentencing ranges for felony sex offenses, misinterpreted the legislature's intent and instead established non-statutory mitigating factors that resulted in the perpetrator, under standards different than those used for other felony crimes, going before a three-judge panel for sentencing - he explained that the Alaska Supreme Court has since agreed to review the Alaska Court of Appeals' decision in Collins. Sections 1 and 20-21, as currently worded, would ensure that the legislature's intent is followed in the meantime. MR. SVOBODNY, with regard to Section 13 of HB 73 - excluding evidence of a sex-offense victim's sexual conduct occurring either before or after the offense took place, limiting when a defendant may apply to have such evidence admitted regardless to not later than five days before trial, and providing an exception to that limitation if the request is based on evidence admitted at trial that was not available to the defendant before trial - explained that this provision would ensure that the sex- offense victim has been given a fair opportunity beforehand to prepare for the disclosure of such evidence during trial if the court chooses to allow it. In response to comments and questions, he acknowledged that Section 13 would result in an indirect court rule change, and mentioned that a change is being made to the Senate companion bill in order to address a concern that such evidence [could be made available to the defendant before the trial but after the five-day deadline has passed]. No longer does the court give instruction to the jury that a rape victim's history of promiscuity ought to be taken into account when determining whether to convict the perpetrator, but it was just such commonly-given instruction that has since resulted in the establishment of certain protections specifically for sex-offense victims. REPRESENTATIVE LEDOUX expressed disfavor with Section 13's proposed changes. REPRESENTATIVE MILLETT indicated favor with Section 13's proposed changes. 2:33:51 PM MR. SVOBODNY, with regard to Section 36 of HB 73 - expanding the list of circumstances for which the court may determine that reasonable efforts to reunite a child with his/her family need not be taken by the Office of Children's Services (OCS), to include circumstances wherein the court has found by clear and convincing evidence that the parent or guardian has committed sexual abuse against that child or against any of his/her other children, or is registered or required to register as a sex offender - explained that for purposes of receiving certain federal funding, such a provision must now be included in statute. In response to comments and a question, he indicated that he would research whether any other circumstances should be added to the list being expanded by Section 36, and offered his understanding that all but one of the sex offenses for which someone must register as a sex offender are felony-level offenses. MR. SVOBODNY, with regard to Sections 14-15 and 43-44 of HB 73 - changing the procedure used when determining whether a witness in a criminal prosecution is entitled to transactional immunity under the Fifth Amendment to the U.S. Constitution, such that the judge would be required to speak with the witness about his/her testimony before deciding whether to grant the immunity, and be required to enter findings of fact and conclusions of law in a sealed written order, and the state would be allowed to appeal the judge's decision - explained that these provisions are intended to correct problems that have arisen as a result of how some judges and defense attorneys have been approaching the issue of transactional immunity. Some judges have been threatening to dismiss the underlying criminal case when the attorney general chooses not to grant a particular witness transactional immunity, and some defense attorneys in domestic violence cases have improperly raised the issue of transactional immunity and then purposely disclosed a witness's confidential information. In response to comments and questions, he indicated that the DOL views the changes proposed by Sections 14-15 and 43-44 as the best approach to address such problems. [HB 73 was held over.]
Document Name | Date/Time | Subjects |
---|---|---|
HB1 Sponsor Statement (rev).pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
HB1 ver O.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
HB 1 Version A.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
Fiscal Note CSHB 1 (STA).pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
HB1 Fiscal Note.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
HB 1 Supporting Documents AK Association of Chiefs of Police Support.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
CSHB 01 (STA) ACLU Review Const'l Issues.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
HB1 Citizen Letter of Opposition.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
HB1 Supporting Documents - FAQ Sheet.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
HB1 Witness List HJUD.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 1 |
CSHB 69 ver O.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 69 |
HB 69-Pittman Wildlife Restoration.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 69 |
HB 69 Support--City of Wasilla.pdf |
HJUD 2/18/2013 1:00:00 PM |
HB 69 |