Alaska State Legislature

News From The House Majority

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

Victim's Rights Strengthened By House Measure

For Immediate Release: March 7, 1997 Contact: Rep. Brian Porter (907) 465-4930

JUNEAU - The right of crime victims to be present at court proceedings and other changes to state law to strengthen the rights of crime victims was established under legislation passed by the House of Representatives Friday.

House Bill 9, sponsored by Representative Brian Porter, specifically extends to crime victims the right to obtain information about and be allowed to be present at all criminal or juvenile proceedings where the accused already has the right to be present.

Porter said HB 9 also:

• Makes it easier for victims to collect damages on restitution orders
• Makes it easier to prove "incapacitated" in sexual assault cases
• Strengthens the protection of those reporting domestic violence to the police
• Limits when courts can order a victim to undergo psychiatric or psychological exams
• Provides that applications for compensation are made confidential before the Violent Crimes Compensation Board
• Allows 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
• Allows evidence about prior domestic voilence committed by a defendant to be used during a trial

"Throughout recent history, criminals have been afforded many protections under the U.S. Constitution. From Miranda, search and seizure, criminal discovery, and others, the criminal justice system gives many rights to the criminal," said Porter.

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

"The rights of the victim are 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 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 Porter.

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

Broadcast Note: An audio actuality is available by calling 1-800-478-6540.

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