CSHB 398(JUD)am-DOMESTIC VIOLENCE FATALITY REVIEW TEAM                                                                 
                                                                                                                                
REPRESENTATIVE NANCY  DAHLSTROM, sponsor of HB  398, explained to                                                               
members  this legislation  will enable  municipalities throughout                                                               
the state to create a  domestic violence fatality review team for                                                               
the purpose of gaining knowledge  and insight to more effectively                                                               
prevent  domestic   violence  fatalities  in  the   future.  CSHB                                                               
398(JUD)am passed  the House with unanimous  support. She offered                                                               
to answer questions.                                                                                                            
                                                                                                                                
SENATOR  FRENCH asked  Representative Dahlstrom  to elaborate  on                                                               
the timing of establishing the fatality review teams.                                                                           
                                                                                                                                
REPRESENTATIVE DAHLSTROM  said her  understanding is  that almost                                                               
all  of the  teams  will be  created after  an  offense has  been                                                               
committed and adjudicated. However,  in special circumstances, it                                                               
may  be more  effective  to establish  a team  before  a case  is                                                               
completed.                                                                                                                      
                                                                                                                                
She  then informed  members  that she  distributed  copies of  an                                                               
amendment, labeled Q.1, [Amendment 1].                                                                                          
                                                                                                                                
SENATOR  THERRIAULT   moved  Amendment  1  for   the  purpose  of                                                               
discussion, which reads as follows.                                                                                             
                                                                                                                                
                                                     23-LS1321\QA.1                                                             
                                                         Luckhaupt                                                              
                                                            9/9/04                                                              
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T  1                                                                                  
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 398(JUD) am                                                                                                      
                                                                                                                                
Page 3, lines 16 - 19:                                                                                                          
     Delete all material.                                                                                                       
     Insert a new bill section to read:                                                                                         
   "* Sec. 2.  AS 24.65.170 is amended to read:                                                                             
          Sec. 24.65.170.  Annual report.  The victims' advocate                                                              
     shall make available  to the public an annual  report of the                                                               
     victims'  advocate's  activities   under  this  chapter  and                                                               
     notify the  legislature that the  report is available.   The                                                           
     victim's advocate  may include  in the  report a  summary of                                                           
     the  advocate's participation  as  an ex  officio member  of                                                           
     domestic  violence fatality  review teams  established under                                                           
     AS 18.66.400."                                                                                                         
                                                                                                                                
REPRESENTATIVE DAHLSTROM  noted the amendment addresses  a change                                                               
made to the bill  on the House floor that did  not meet the legal                                                               
standards.                                                                                                                      
                                                                                                                                
CHAIR  SEEKINS  announced  that  without  objection,  the  motion                                                               
carried.                                                                                                                        
                                                                                                                                
MR.  STEVE  BRANCHFLOWER,  Director  of the  Office  of  Victims'                                                               
Rights, stated support for HB 398.                                                                                              
                                                                                                                                
SENATOR  FRENCH  asked Mr.  Branchflower  to  address the  timing                                                               
issue.                                                                                                                          
                                                                                                                                
MR.  BRANCHFLOWER thought  the language  on  line 10,  "or at  an                                                               
earlier appropriate time,"  is a good catch-all  phrase that will                                                               
allow    for   unforeseen    circumstances.   He    agreed   with                                                               
Representative Dahlstrom that  in most cases, the  teams would be                                                               
established after a case has  been adjudicated, but under certain                                                               
circumstances, such as if a case  is not prosecuted, a team would                                                               
be established earlier.                                                                                                         
                                                                                                                                
SENATOR  FRENCH   asked  Mr.  Branchflower  to   comment  on  the                                                               
confidentiality requirements in the bill.                                                                                       
                                                                                                                                
MR.   BRANCHFLOWER  said   to  promote   participant  candor,   a                                                               
confidentiality clause is  necessary, otherwise participants will                                                               
be less  likely to admit  responsibility for actions  that should                                                               
have been taken.  The focus of the legislation is  to improve the                                                               
system to help victims; it is not to find fault.                                                                                
                                                                                                                                
SENATOR  FRENCH asked  if  the fatality  review  teams will  have                                                               
subpoena power.                                                                                                                 
                                                                                                                                
MR. BRANCHFLOWER was not sure.                                                                                                  
                                                                                                                                
REPRESENTATIVE DAHLSTROM said they would not.                                                                                   
                                                                                                                                
LT. AL STOREY, Alaska State  Troopers (AST), Department of Public                                                               
Safety (DPS),  stated support  for HB 398  as DPS  believes these                                                               
review teams will improve the current system.                                                                                   
                                                                                                                                
CHAIR  SEEKINS  announced  that  with  no  further  participants,                                                               
public testimony was closed.                                                                                                    
                                                                                                                                
SENATOR  OGAN  moved  SCS  CSHB   398(JUD)  from  committee  with                                                               
individual recommendations.                                                                                                     
                                                                                                                                
CHAIR SEEKINS announced with no objection, the motion carried.                                                                  
He then adjourned the meeting at 10:07 a.m.