1999-02-19                     House Journal                      Page 0255
HB 99                                                                        
HOUSE BILL NO. 99 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act relating to sexual assault and the definitions of 'sexual             
contact,' 'sexual penetration,' and 'legal guardian' in AS 11."                
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Public Safety, 2/19/99                              
Zero fiscal note, Dept. of Law, 2/19/99                                        
Zero fiscal note, Dept. of Corrections, 2/19/99                                
Zero fiscal note, Dept. of Administration, 2/19/99                             
Zero fiscal note, Dept. of Health & Social Services, 2/19/99                   
                                                                               

1999-02-19                     House Journal                      Page 0256
HB 99                                                                        
The Governor's transmittal letter dated February 18, 1999, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
I am transmitting today a bill making it a crime for a person employed         
in a correctional facility or other placement for prisoners to engage in       
sexual conduct with a prisoner.  The bill also makes it a crime for a          
legal guardian of a person 18 or 19 years of age, who is in the custody        
of the Department of Health and Social Services (DHSS), to engage in           
sexual conduct with that person.                                               
                                                                               
                                                                               
Alaska law currently prohibits persons in specific authoritative               
positions from engaging in sexual conduct with other persons subject           
to that authority.  For example, employees who work in licensed care           
facilities are prohibited from engaging in sexual conduct with clients         
who are mentally incapable, incapacitated, or unaware a sexual act is          
being committed.  The criminalization of this conduct is premised on           
the offender's abuse of authority over others.  Those employed in              
correctional facilities or other placements designated by the                  
commissioner of the Department of Corrections (DOC), and those who             
are a legal guardian of an 18- or 19-year old in the custody of the            
DHSS, have a similar position of authority over persons committed to           
the state's custody, and should not abuse their position by engaging in        
sexual conduct with the persons subject to that authority.                     
                                                                               
                                                                               
The bill provides that it is a class C felony for these persons in             
authority to engage in sexual penetration, and a class A misdemeanor           
to engage in sexual contact with a person subject to that authority.  A        
defendant convicted of either offense would be required to register as         
a sex offender.                                                                
                                                                               
                                                                               
The bill does not address conduct involving juveniles under the age of         
18 who are committed to the legal custody of the DHSS, because that            
conduct is already illegal under Alaska law.                                   
                                                                               
                                                                               

1999-02-19                     House Journal                      Page 0257
HB 99                                                                        
I urge your prompt and favorable consideration of this proposal.               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"