Legislature(1997 - 1998)
05/06/1998 10:25 AM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE May 6, 1998 10:25 a.m. MEMBERS PRESENT Senator Gary Wilken, Chairman Senator Loren Leman, Vice-Chairman Senator Lyda Green MEMBERS ABSENT Senator Jerry Ward Senator Johnny Ellis COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 245(RLS) am "An Act relating to assault in the fourth degree; relating to the definition of 'crime involving domestic violence' in AS 11; relating to unlawful contact with a victim or witness; relating to rehabilitation programs for perpetrators of domestic violence; amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule 404(b), Alaska Rules of Evidence; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION HB 245 - No previous Senate committee action. WITNESS REGISTER Representative Fred Dyson Alaska State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Sponsor of HB 245 Jayne Andreen Council on Domestic Violence and Sexual Assault Department of Public Safety P.O. Box 111200 Juneau, Alaska 99811-1200 POSITION STATEMENT: Supports CSHB 245(RLS)am ACTION NARRATIVE TAPE 98-43, SIDE A Number 001 [TAPE 98-43 IS INAUDIBLE DURING THIS PORTION OF THE MEETING] CHAIRMAN WILKEN called the Senate Health, Education and Social Services (HESS) Committee to order at 10:25 a.m. Present were Senators Green and Leman, and Chairman Wilken. The order of business before the committee was HB 245. HB 245 - DOM. VIOL. ASSAULTS;PRISONER CONTACTS REPRESENTATIVE FRED DYSON, sponsor of HB 245, explained to committee members that HB 245 does several things. First, it establishes presumptive sentences for repeat domestic violence offenses. Second, it prohibits contact between the victim and perpetrator during the time between the arrest and arraignment. Third, it allows evidence of other sexual assaults or attempted sexual assaults be considered when prosecuting an attempt of sexual assault, and it unifies the common Rule 404 language. Fourth, the bill creates the crime of "Unlawful Contact with a Crime Victim" which improves enforcement of restraining orders. Finally, HB 245 requires that anger management classes, ordered by the Court, be approved by the Department of Corrections. [RECORDING BEGINS] SENATOR GREEN asked if the classes will be required to meet the batterer's program standard. REPRESENTATIVE DYSON said they will. Number 064 JAYNE ANDREEN, Executive Director of the Council on Domestic Violence and Sexual Assault (CDVSA), stated CDVSA supports HB 245. Regarding the provision that prohibits contact between the victim and perpetrator between the time of arrest and arraignment, that issue was brought to CDVSA's attention by a police officer. Perpetrators are using their one phone call to contact the victim, sometimes before the police officer has left the scene of the crime and is still with the victim. That behavior is part of the whole power and control cycle that takes place in domestic violence and it is important to give the victim the 12 hours until the time of arraignment at which time the judge can determine whether contact is permissible. CDVSA supports the concept of increasing penalties for repeat domestic violence offenders who are convicted of fourth degree assault. CDVSA also supports the concept of having strengthened language that requires the courts only to use approved batterers' programs. Because of the way the statute was drafted, the courts have not felt obligated to abide by that provision. At 10:32 a.m., CHAIRMAN WILKEN announced Senator Leman left to testify before the Senate Finance Committee, therefore the meeting would be recessed until his return. CHAIRMAN WILKEN reconvened the meeting at 11:00 a.m. and clarified that the committee was discussing CSHB 245(RLS)am. SENATOR GREEN moved to delete Section 19 which begins on page 9 and ends on page 10, line 6. There being no objection, the motion carried. SENATOR GREEN moved SCSCSHB 245(HES) and its accompanying fiscal notes from committee with individual recommendations. There being no objection, the motion carried. There being no further business before the committee, CHAIRMAN WILKEN adjourned the meeting at 11:02 a.m.
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