Legislature(2005 - 2006)BUTROVICH 205
03/31/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| HB124 | |
| SB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 124 | TELECONFERENCED | |
| + | SB 20 | TELECONFERENCED | |
| + | SB 54 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 117 | ||
SB 54-PROTECTIVE ORDERS FOR SEXUAL ASSAULT
8:37:27 AM
MR. JASON HOOLEY, staff to Senator Dyson, introduced SB 54.
Sexual assault in Alaska is three times the national average. SB
54 creates the availability of protective orders for victims. SB
54 involves only sexual assault that falls outside of domestic
violence. Version \P changes the location of the provisions to
be inserted with the current stalking provisions. There will be
a section for domestic violence protective order in AS 18.66 and
a section in AS 18.65 for stranger assaults.
8:39:25 AM
SENATOR GENE THERRIAULT moved Version \P as the working
document. Hearing no objections, the motion carried.
8:39:49 AM
SENATOR HOLLIS FRENCH clarified Version \P adds sexual assault
to the stalking law and does not make any other substantive
changes.
MR. HOOLEY agreed.
SENATOR FRENCH asked whether sexual abuse of a minor was
included in SB 54.
MR. HOOLEY answered Section 10 gives the definition of sexual
assault, which references another section that includes second,
third, and fourth degree sexual assault and incest.
8:41:29 AM
MS. ANNE CARPENETI, Department of Law (DOL), testified in
support of SB 54. She suggested one change in Section 9, line
28, which would require the petitioner to research priors. She
suggested adding the words "must, if known," to include that
information.
8:43:46 AM
SENATOR GRETCHEN GUESS asked Ms. Carpeneti whether Section 9 was
needed.
MS. CARPENETI aired Section 9 was not needed as it requires a
victim to volunteer personal information.
SENATOR FRENCH asked if there was a similar provision in the
domestic violence statutes.
MS. CARPENETI responded yes, which makes sense because of the
relationship. SB 54 relates to stranger stalking.
SENATOR FRENCH suggested striking the words, "or the
respondent".
8:45:18 AM
CHAIR SEEKINS commented there might be a pending civil or
criminal action between the respondent and the petitioner.
MS. CARPENETI suggested re-wording to say, "...pending action
between the parties."
CHAIR SEEKINS said when a petitioner knows of other criminal
action for a similar offense against someone else, the court
should be alerted.
8:46:50 AM
SENATOR THERRIAULT asked Ms. Carpeneti whether the information
would be entered into the court regardless.
MS. CARPENETI responded yes, as admissible evidence.
SENATOR THERRIAULT suggested Section 9 attempts to ensure full
disclosure of any relationship between the two parties.
8:48:38 AM
MS. CARPENETI expressed concern about requiring the petitioner
to research information regarding the defendant.
CHAIR SEEKINS agreed. He proposed on lines 28 and 31, add the
word, "known" after "of."
SENATOR GUESS agreed. She asked Ms. Carpeneti whether the
petitioner would have to disclose any civil or criminal action
that has nothing to do with the order.
MS. CARPENETI advised the court would be interested in knowing.
8:51:12 AM
CHAIR SEEKINS asserted it is important for the court to know
when there is a history between the parties.
SENATOR GUESS expressed concern that a person would have to
disclose unnecessary personal information.
8:53:46 AM
SENATOR FRENCH suggested there could be times when the
information is relevant. He said it does not seem like a huge
burden to require a party to disclose pending cases.
8:57:11 AM
SENATOR FRENCH proposed Amendment 1. Section 9, line 29, after
the word, "respondent" add the words, "if known." Hearing no
objections, the motion carried.
8:58:03 AM
MS. CARRIE ROBINSON, attorney, Alaska Network on Domestic
Violence and Sexual Assault, testified in support of SB 54.
MS. CARIN ROBINSON, Alaska Women's Lobby, testified in support
of SB 54.
8:59:57 AM
CHAIR SEEKINS closed public testimony.
SENATOR CHARLIE HUGGINS moved CSSB 54(JUD) from committee with
individual recommendations and accompanying fiscal notes. There
being no objection, the motion carried.
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