An Act relating to employers and to victims of crime.

HB 391 will prevent employers of victims from punishing or interfering with victims attending criminal proceedings.

This legislation allows victims to attend a criminal proceeding relating to the crime at which the victim has a right to be present. It amends AS 12.61.017 to include protection from penalizing victims for attending any criminal proceeding at which they have a right to be present, instead of solely when the victim is requested or subpoenaed by the prosecuting attorney for the purpose of giving testimony.

Alaskans have a statutory right "To be present during any proceeding in…the prosecution and sentencing of a defendant if the defendant has the right to be present, including being present during testimony even if the victim is likely to be called as a witness." (AS 12.61.010). And the constitutional right to "…be allowed to be present at all criminal or juvenile proceedings where the accused has the right to be present." This bill would make sure that the people of Alaska are able to take advantage of these rights without suffering retribution from their employers.

Currently 80% of the states in the US have laws pertaining to the rights of victims to attend relevant court proceedings and preventing employers from punishing them for doing so.

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