1999-02-18                     Senate Journal                      Page 0290
SB 81                                                                        
SENATE BILL NO. 81 BY THE SENATE RULES COMMITTEE                               
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
                                                                               

1999-02-18                     Senate Journal                      Page 0291
SB 81                                                                        
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.               
                                                                               
Zero fiscal notes published today from Department of Health and                
Social Services, Department of Administration, Department of                   
Corrections, Department of Law, Department of Public Safety.                   
                                                                               
Governors transmittal letter dated February 18:                                
                                                                               
Dear President Pearce:                                                         
                                                                               
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.                                                                     
                                                                               
                                                                               

1999-02-18                     Senate Journal                      Page 0292
SB 81                                                                        
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.                              
                                                                               
I urge your prompt and favorable consideration of this proposal.               
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor