05/06/1998 10:25 AM Senate HES

      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.