TAPE 93-16, SIDE A Number 000 CHAIRMAN PORTER called the House Judiciary Committee meeting to order at 1:22 p.m. on Friday, February 19, 1993. A quorum was present. CHAIRMAN PORTER announced that the meeting was being teleconferenced. He stated that HB 64, Anti-Stalking Law and HB 78, Testimony of Minors in Criminal Trials, were on the calendar. He called Rena Bukovich of Rep. Eileen MacLean's office to come forward and address the committee regarding HB 78. HB 78 - TESTIMONY OF MINORS IN CRIMINAL TRIALS Number 033 RENA BUKOVICH, AIDE TO REP. EILEEN MACLEAN, prime sponsor of HB 78, read Rep. MacLean's testimony into the record. She said that the purpose of HB 78 was to protect children under the age of 16 from appearing as witnesses in criminal proceedings. She said that under current law, a court could require that the testimony of a child victim or witness be taken via closed-circuit television or through one-way mirrors if it was determined that requiring a child to testify under normal procedures would cause the inability of the child to testify. She noted that current law allowed these special procedures to be used only for children under the age of 13; HB 78 would allow the court to extend these procedures to cover children under the age of 16. MS. BUKOVICH said that the confrontation clause in the constitution required a defendant to meet her or his accuser, except in special cases. She added that the U.S. Supreme Court had upheld limits to the right of confrontation, as long as the decision to use special procedures rested with the court. She stated that other states used a range of ages, from 10 to 16, at which special court procedures could no longer be used. MS. BUKOVICH noted that HB 78 contained a retroactivity clause in which crimes committed before the bill's passage, but not yet prosecuted, would be subject to the new law. Number 085 REP. GREEN asked if the only change made by HB 78 was raising the age by three years. MS. BUKOVICH said that was correct. Number 096 MARGOT KNUTH, of the DEPARTMENT OF LAW, told the committee that there were few circumstances where the special court procedures were used. However, she noted, in these few circumstances, the use of the special procedures was very important. She said HB 78 would increase the Department of Law's flexibility. MS. KNUTH commented that questions regarding a defendant's right to confront her or his accuser versus the availability of a witness to testify had been addressed by the U.S. Supreme Court. She stated that the use of special procedures for children under the age of 13 had already been approved by the Alaska Court of Appeals and expressed an opinion that changing the age to 16 would not result in any problems. Number 139 REP. GREEN mentioned that legislation reducing the age at which a juvenile could be tried for an adult crime had been introduced. He expressed a concern that the provisions of HB 78 could contradict the provisions of the other legislation. He asked if many children would benefit from HB 78. Number 169 MS. KNUTH replied that the special procedures were most often used with children who were victims of sexual abuse. She said that it was conceivable to her that children aged 14, 15 or 16 who had been sexually abused might be unable to testify in the presence of a defendant. Number 195 REP. PHILLIPS reiterated Rep. Green's question about a possible conflict between lowering the age at which a juvenile could be tried for an adult crime and the provisions of HB 78. Number 205 MS. KNUTH said that she saw no such conflict. She said that the law treated victims and perpetrators differently, and that there was no single "age of majority" in our society. Number 235 CHAIRMAN PORTER noted that HB 78 did not cover those people charged with crimes, but just witnesses and victims. Number 242 REP. GREEN moved that the committee pass out HB 78 with a zero fiscal note and with individual recommendations. Hearing no objections to the motion, CHAIRMAN PORTER ordered that HB 78 be moved out of the Judiciary Committee. CHAIRMAN PORTER noted that HB 64 was the next item of business before the committee and called Rep. Cynthia Toohey, the bill's sponsor, to address the committee.