HB 293 - RIGHTS OF CRIME VICTIMS/CONTINUANCES 1:56:21 PM CHAIR GATTO announced that the next order of business would be HOUSE BILL NO. 293, "An Act relating to the rights of crime victims; relating to the duties of prosecuting attorneys; and amending Rule 45, Alaska Rules of Criminal Procedure." [Before the committee was the proposed committee substitute (CS) for HB 293, Version 27-LS1238\M, Gardner, 2/13/12, which had been adopted as the work draft on 2/15/12.] 1:57:06 PM REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, sponsor, explained that under Version M, Section 1 of HB 293 would alter existing AS 12.61.010(a)(2) - which pertains to the right of crime victims to be notified of court proceedings involving the perpetrator - such that it would then in part read, "the right to be notified by the appropriate law enforcement agency or the prosecuting attorney of any request for a continuance that may substantially delay the prosecution". Section 2 would add a new paragraph (5) to AS 12.61.015(a) - which pertains to the duties of a prosecuting attorney - stipulating that he/she shall inform the victim of a pending motion that may substantially delay prosecution and inform the court of the victim's position on the motion, with proposed paragraph (5)'s subparagraphs (A)-(C) defining what would constitute a substantial delay for misdemeanors, felonies, and appeals, respectively. Section 3 - providing for a direct court rule amendment to Rule 45(d)(2) of the Alaska Rules of Criminal Procedure - now specifies that the court, when granting a continuance, shall have also considered the interests of the victim if they are known. Section 4 - proposing to add a new subsection (h) to Rule 45 of the Alaska Rules of Criminal Procedure - now also specifies that the court, before ruling on a motion for continuance, shall consider the victim's position if known. The inclusion of the words, ",if  known," in Sections 3 and 4 is intended to address instances in which the victim cannot be contacted or doesn't wish to participate. REPRESENTATIVE TUCK noted that in 1994, Section 24 was added to Article I of the Alaska State Constitution, thereby establishing the rights of crime victims, with one of those rights being that of the right to be treated with dignity, respect, and fairness during all phases of the criminal and juvenile justice process, and another of those rights being that of the right to timely disposition of the case following the arrest of the accused. House Bill 293 would codify those two constitutional rights in statute, thereby providing a means by which to uphold them. Repeated delays in the disposition of a case can prevent a crime victim from reaching emotional, physical, and financial closure; can impact the availability of witnesses, and their ability to recall important details of the crime; and can create other impediments to a successful trial. Passage of HB 293 would ensure that victims are notified of any request for a continuance that might substantially delay prosecution; would provide victims with an opportunity to voice their positions on such motions; and would ensure that judges consider those positions and how the victims could be affected before ruling on such motions. REPRESENTATIVE TUCK, in conclusion, proffered that HB 293 addresses the constitutional right of victims to be treated with dignity, respect, and fairness during all phases of the criminal and juvenile justice process, while also ensuring the timely disposition of their cases. CHAIR GATTO noted that members' packets contain a letter from Karen Foster, whose daughter - Bonnie Craig - was murdered [in 1994]. He then disclosed that he is acquainted with Ms. Foster and her husband, and that he has told Ms. Foster that her comments while advocating for victims' rights made good sense. REPRESENTATIVE TUCK mentioned that Victims for Justice (VFJ), the Office of Victims' Rights (OVR), Standing Together Against Rape (STAR), and the Alaska Network on Domestic Violence & Sexual Assault (ANDVSA) have expressed support for HB 221. 2:06:46 PM KAREN FOSTER said she doesn't want any other Alaskan family to suffer as her family did after the murder of her daughter, characterizing what they had to endure, while the State of Alaska delayed convicting the perpetrator for five years, as a hell beyond comprehension. She then recounted details of how the case proceeded, and opined that as victims, her family's constitutional rights - to be treated with dignity, respect, and fairness during all phases of the criminal justice process, and to timely disposition of the case - were violated again and again during that five years. Many victims suffer unbearable pain, just as her family did, when those rights are tossed aside. She offered her belief that each delay in prosecution weakens and threatens a case, and that delays are used to tactical advantage by defense attorneys to accommodate themselves, rarely to accommodate those they defend, and allow ineffectual defense attorneys to waste time. Refusing to uphold the victim's right to timely disposition of the case is a refusal to address inefficiencies in the justice system, thereby allowing that system to re-victimize victims. Please support HB 293, she asked of the committee, in order to honor Alaska's victims' constitutional right to timely disposition of their case - show them the respect they deserve and stop the re- victimization. 2:17:03 PM SUSAN SULLIVAN, Executive Director, Victims for Justice (VFJ), said the VFJ supports HB 293, which, she opined, would improve the standards regarding notification to crime victims about requests for continuances, and would reinforce the constitutional rights of crime victims. By requiring the court to consider, at a minimum, the victim's position, HB 293 creates a mechanism by which those constitutional rights can more- consistently be realized. She noted that her organization sees continuances being granted time and time again for reasons that seem insufficient and sometimes disingenuous, without there being any consideration given to the challenges then faced by the victims. In some cases, so many continuances were granted that it delayed trial for over a decade. Such delays unjustly work to the advantage of defendants because when witnesses die or leave the state or can no longer be found, when memories fade, when evidence is lost, or when prosecutors change as a result, it can become difficult, if not impossible, to win a conviction, and thus cases end up being "plead out." Such delays unjustly work to the serious disadvantage of victims, who only want to see justice done, and to society. MS. SULLIVAN said victims have been known to travel hundreds, and even thousands, of miles, incur great expense, and be greatly inconvenienced, only to have the proceeding delayed without advance notice and with no consideration given to how that delay impacts them; again, sometimes this occurs multiple times in a single case. For many victims, the end of the trial marks the beginning of an important part of the recovery process, and unnecessary continuances painfully delay that process. The VFJ understands that courts, appropriately, want to extend the benefit of the doubt to defendants - who, after all, are the ones whose liberty is at stake - but feel that the courts are often failing to consider the constitutional rights of the victims. House Bill 293 would put victims "in the picture," and, very importantly, would support judges who give consideration to the victims when deciding whether to grant continuances. Paraphrasing some of the rights established in Article I, Section 24, of the Alaska State Constitution, she opined that HB 293 would improve the possibility that those rights will be upheld, and would bring balance to Alaska's justice system. In conclusion, she said that the VFR's board of directors strongly supports HB 293. REPRESENTATIVE GRUENBERG questioned whether it would be constitutional for the court to order a defendant to pay costs incurred by the victim due to a continuance having been granted. MS. SULLIVAN, declining to address the issue of constitutionality, said it seems as if it would be appropriate for the court to order a defendant who's been found guilty to make such restitution, particularly in instances where the Violent Crimes Compensation Board (VCCB) has compensated the victim for those costs. She noted that victims also incur unnecessary expenses associated with continuances that result simply from defendants refusing transportation to court proceedings. 2:24:26 PM D. VICTOR KESTER, Director, Office of Victims' Rights (OVR), Alaska State Legislature, indicated that he strongly supports HB 293, which, he opined, would strengthen Alaska's statutory victim-notification standards with regard to requests for continuances that delay prosecution in criminal trials, and would fortify the rights of crime victims, as outlined in the Alaska Rules of Criminal Procedure, to address the court, and the court's ability to consider the victim's perspective before granting a continuance. The bill's proposed changes advance and protect the vital interests of crime victims; are in alignment with their constitutional rights to be treated with dignity, respect, and fairness, and to timely disposition of their case; and would amplify their voice before the court with regard to delays in the criminal justice process. The administration of justice in Alaska is improved when crime victims' positions are given consideration by the court, he opined, and thus he believes that HB 293 would help crime victims, providing a mechanism by which their constitutional rights could be upheld; the bill stands to eliminate the unnecessary, unwarranted, or inappropriate delays in the criminal justice process that often result in undue hardship on, and emotional and psychological injury to, crime victims as they attempt to cope with the lengthy prosecution of their case. In conclusion, he reiterated his support of HB 293. CHAIR GATTO, after ascertaining that no one else wished to speak, closed public testimony on HB 293. CHAIR GATTO offered his belief that passing HB 293 would be the right thing to do for Alaska's crime victims. 2:29:34 PM NANCY MEADE, General Counsel, Administrative Staff, Office of the Administrative Director, Alaska Court System (ACS), in response to a request, explained that the ACS has no position on HB 293, and that she doesn't anticipate the bill causing any problems. 2:30:04 PM REPRESENTATIVE KELLER made a motion to adopt Amendment 1, labeled 27-LS1238\M.1, Gardner, 2/15/12, which read: Page 5, line 4, following "shall": Insert "determine if the victim has been informed of the pending motion, as provided in AS 12.61.015(a), and" REPRESENTATIVE HOLMES objected for the purpose of discussion. REPRESENTATIVE KELLER explained that if Amendment 1 is adopted, the language of Section 4's proposed subsection (h) to Rule 45 of the Alaska Rules of Criminal Procedure would then in part read, "the court shall determine if the victim has been informed of the pending motion, as provided in AS 12.61.015(a), and consider the victim's position ...". He then characterized Amendment 1's proposed change as putting teeth in the bill - specifying that the court shall determine whether the victim- notification statutes have been complied with. MS. MEADE, in response to a comment, said that the ACS has no objections to Amendment 1. REPRESENTATIVE HOLMES removed her objection. CHAIR GATTO, after ascertaining that there were no further objections, announced that Amendment 1 was adopted. 2:32:36 PM REPRESENTATIVE THOMPSON made a motion to adopt Amendment 2, labeled 27-LS1238\M.2, Gardner, 2/15/12, which read: Page 4, line 13, following "misdemeanor, a": Insert "cumulative" Page 4, line 14, following "felony, a": Insert "cumulative" Page 4, line 15, following "a": Insert "cumulative" REPRESENTATIVE HOLMES objected for the purpose of discussion. REPRESENTATIVE THOMPSON ventured that Amendment 2 would address any potential loophole in Section 2's proposed definitions of what would constitute a substantial delay for a misdemeanor, for a felony, or for an appeal, by specifying that such substantial delays could be arrived at cumulatively. MS. MEADE relayed that the ACS doesn't have an objection to Amendment 2, and acknowledged that it could be helpful. REPRESENTATIVE HOLMES removed her objection. CHAIR GATTO, after ascertaining that there were no further objections, announced that Amendment 2 was adopted. 2:34:40 PM REPRESENTATIVE THOMPSON moved to report the proposed committee substitute (CS) for HB 293, Version 27-LS1238\M, Gardner, 2/13/12, as amended, out of committee with individual recommendations and the accompanying indeterminate fiscal notes. There being no objection, CSHB 293(JUD) was reported from the House Judiciary Standing Committee.