CSHB 54(FIN)-BAIL REVIEW/ CRIME VICTIMS  8:51:27 AM CHAIR RALPH SEEKINS announced HB 54 to be up for consideration. REPRESENTATIVE RALPH SAMUELS introduced HB 54. Currently a person charged with an unclassified crime or a class A felony may apply for a bail hearing every 24 hours. HB 54 proposes to change the timeframe to every 48 hours in order to give victims time to attend the hearing. The bill would also allow for a victim to be introduced during the opening statement at a trial or at jury selection. 8:53:59 AM The bill cleans up language in the Violent Crimes Compensation Board statute to allow a retired attorney or physician to serve on the Board. The bill also allows a crime victim the ability to petition for a review of a defendant's sentence if it falls below the sentencing range. Convicted criminals have a right to appeal sentences. Victims should also have that right. 8:57:48 AM SENATOR HOLLIS FRENCH asked whether it was after the arraignment in district court that HB 54 would kick in. REPRESENTATIVE SAMUELS said yes, unless there has been a change in conditions. Senator Gretchen Guess joined the committee. SENATOR FRENCH clarified by the time lawyers get the facts, it would be 48 hours before the bail review. REPRESENTATIVE SAMUELS answered correct. 9:00:31 AM SENATOR CHARLIE HUGGINS asked whether the introduction provision was for the family. REPRESENTATIVE SAMUELS advised "victim" is defined in the statutes. The intent is to have either a representative or the actual victim being introduced. CHAIR RALPH SEEKINS asserted the term "victim" could include a corporation. 9:02:28 AM CHAIR SEEKINS communicated a petition of review paid for by the victim could have other ramifications. REPRESENTATIVE SAMUELS agreed and said if a person were to lose that appeal there would be case law backing it. It would produce the opposite result from which the victim aspired. 9:06:49 AM MR. DEAN GUANELI, chief assistant attorney general, Department of Law (DOL) expressed support for HB 54. It is difficult to keep victims notified of all the defendant's court proceedings. HB 54 would allow the defendant a bail review hearing every 48 hours. This provides an opportunity for the defendant to see the judge and to acquire an attorney. It also accommodates the victims and allows them time to attend the bail review hearing. Additionally, it makes sense to require the defendants to submit new information that the court has not considered in order to request another bail review. 9:09:41 AM MR. GUANELI continued this is intended to stop the daily bail review request. Chair Seekins announced a brief recess at 9:13:12 AM. Chair Seekins reconvened the meeting at 9:15:13 AM. 9:15:13 AM MR. GUANELI continued he is concerned with regards to Section 4, which allows for the victim to file a petition for a sentencing review. If a lenient sentence were to be upheld it sets a precedent. Other judges may look at that opinion and adopt a lower sentencing pattern. 9:18:17 AM There would be very little for a victim to gain by petitioning for a sentencing review, but there is potentially much to be lost. The concern is whether the state wants to allow a private party to challenge sentences. 9:21:54 AM REPRESENTATIVE SAMUELS maintained his preference to keep Section 4 in HB 54. SENATOR CHARLIE HUGGINS asked the alternative to ensure proper sentencing by the judge. 9:23:45 AM MR. GUANELI detailed under the existing system, judges stand for reelection and very few judges have not been retained. The process the Legislature did this year in looking at the Blakely vs. Washington decision was a good exercise in examining sentencing ranges. 9:25:40 AM CHAIR SEEKINS asked Mr. Guaneli whether it was possible for a sentence to be passed without a trial. MR. GUANELI responded 95 percent of sentences are imposed without trial. Prosecutors are not involved in setting sentences. CHAIR SEEKINS asked whether prosecutors discuss mitigators with the defendant's attorney. MR. GUANELI said yes. Aggravators are discussed as well. SENATOR FRENCH asked whether the provision would apply to misdemeanor sentences. REPRESENTATIVE SAMUELS replied that was not the intent. SENATOR FRENCH asked whether it was standard for the state to petition for a review when they felt the sentence handed down was inadequate. MR. GUANELI said yes. The state has a right to appeal the sentence, which forces the court of appeals to issue an opinion. SENATOR FRENCH posed a scenario of a class C felony assault with a maximum of five years where the judge imposed 6 months. If the state were to appeal the sentence and the court of appeals were to agree, he asked how the re-sentencing would occur. 9:28:45 AM MR. GUANELI responded the sentence would be disapproved as too lenient. The opinion would be written and published. There is no re-sentencing due to the double jeopardy clause. 9:30:33 AM CHAIR SEEKINS asked Mr. Guaneli to estimate the cost of a review by the appellate court. MR. GUANELI estimated 20-30 attorney hours at $150 an hour. 9:33:43 AM CHAIR SEEKINS held HB 54 in committee.