Alaska State Legislature

News From The House Majority

Ken Freeman, Press Secretary
State Capitol
Juneau, AK 99801
phone: (907) 465-3804
web site: http://www.akrepublicans.org
Actuality line: 1-800-478-6540

Victim's Rights Strengthened by House Measure

For Immediate Release: May 1, 1997 Contact: Rep. Brian Porter (907) 465-4930

JUNEAU - Strengthening the rights of crime victims is the purpose of legislation passed by the Alaska State Senate Thursday. House Bill 9 allows crime victims to be present at all criminal or juvenile proceedings where the defendant has the right to be present and allows the victims access to all information provided to the accused.

"HB 9 is offered to implement the mandate of the 1994 Amendment to the Constitution and to make absolutely clear to the judiciary a crime victim's right to be present at the trial and other proceedings of the accused, including juvenile proceedings, whenever the accused has the right to be present," said Representative Brian Porter, sponsor of the bill.

Porter said the rights of the defendant are important, but so are the rights of the victim.

"Throughout recent history, criminals have been afforded many protections under the U.S. Constitution. Supreme Court decisions on confessions, search and seizure, criminal discovery, and other topics have greatly expanded the rights of the criminals," said Porter.

"The rights of the victim are now spelled out in our State Constitution but at least two Superior Court judges are interpreting the Alaska Statutes, and Rule 615, Alaska Rules of Evidence, to exclude victims of crimes and juvenile offenses from being present in the courtroom during a trial of the accused until after the victim has testified," said Porter.

HB 9 will also:

• Make it easier for victims to collect damages on restitution orders
• Make it easier to prove "incapacitated" in sexual assault cases
• Strengthen the protection of those reporting domestic violence to the police
• Limit when courts can order a victim to undergo psychiatric or psychological exams
• Provide that applications for compensation are made confidential before the Violent Crimes Compensation Board
• Allow victims who are subpoenaed to testify before a grand jury who live 50 miles from the site of the grand jury or who must customarily fly to testify by phone
• Allow evidence about prior domestic violence committed by a defendant to be used during a trial

HB 9 is part of the Legislative Leadership's Commitment to Alaska to promote Safe Neighborhoods in Alaska.

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