Sponsor Statement for CS for HB 245

"An Act relating to assault in the fourth degree; relating to the definition of 'crime involving domestic violence' in AS 11; relating to unlawful contact with a victim or witness; relating to rehabilitation programs for perpetrators of domestic violence; amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule 404(b), Alaska Rules of Evidence; and providing for an effective date."

HB 245 takes five important steps against Domestic Violence (DV).

First, it establishes graduated minimum sentences for domestic violence offenders. Just as the law recognizes the need to ratchet up penalties for drunk drivers, mandatory minimum sentences for repeat DV offenders delivers the message that Alaska does not tolerate the cycle of violence.

Second, HB 245 prevents defendants from contacting victims following arrest before arraignment, this includes their "one phone call". Victims groups and police departments throughout Alaska recognize this as another important step in the fight for victims' rights.

Third, this legislation creates the crime of "Unlawful Contact with a Crime Victim" which allows judges and prosecutors to better enforce restraining orders.

Fourth, it clarifies the original intent of the "1996 Domestic Violence Prevention and Victims Protection Act" intent with regard to batterer programs. The courts may not refer a batterer to a program unless it meets the Department of Corrections standards.

Finally, the bill allows evidence of other sexual assaults or attempted sexual assaults when prosecuting an attempt of sexual assault. It also unifies Rule 404 language by using the common Rule 404 language of "acts of domestic violence" which requires proof that the act had been committed. This will prevent any confusion on evidence inclusion, which has caused some judges to require a prior conviction and many other judges to require proof the act had been committed.

Many organizations have expressed approval of this legislation and appreciate your assistance in giving police and prosecutors needed tools to arrest Domestic Violence.

Last updated on 05-08-98

Sponsor Statement for HB 245

Minimum Sentences for Domestic Violence and Phone Call Restrictions for Prisoners

"An Act relating to minimum sentences for assault in the fourth degree that is a crime involving domestic violence; providing that a prisoner may not contact the victim of the offense when provided access to a telephone or otherwise immediately after an arrest; and amending Rule 5(b), Alaska Rules of Criminal Procedure."

HB 245 takes two important steps against Domestic Violence (DV).

First, it establishes graduated minimum sentences for domestic violence offenders. Just as the law recognizes the need to ratchet up penalties for drunk drivers, mandatory minimum sentences for repeat DV offenders delivers the message that Alaska does not tolerate the cycle of violence.

Second, HB 245 prevents defendants from using their "one phone call" to contact victims following arrest. Victims groups and police departments throughout Alaska recognize this as another important step in the fight for victims’ rights.

Many organizations have expressed approval of this legislation and appreciate your assistance in giving police and prosecutors needed tools to arrest Domestic Violence.