Legislature(2011 - 2012)

2012-02-22 Senate Journal

Full Journal pdf

2012-02-22                     Senate Journal                      Page 1591
SB 218                                                                                                                        
SENATE BILL NO. 218 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to conspiracy to commit human                                                                        
          trafficking in the first degree or sex trafficking in the                                                             
          first degree; relating to the crime of furnishing                                                                     
          indecent material to minors, the crime of online                                                                      
          enticement of a minor, the crime of prostitution, and                                                                 
          the crime of sex trafficking; relating to forfeiture of                                                               
          property used in prostitution offenses; relating to sex                                                               
          offender registration; relating to testimony by video                                                                 
          conference; adding Rule 38.3, Alaska Rules of                                                                         
          Criminal Procedure; and providing for an effective                                                                    
          date."                                                                                                                
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Law                                                                                     
 Fiscal Note No. 2, Department of Public Safety                                                                                 
 Fiscal Note No. 3, zero, Department of Public Safety                                                                           
 Fiscal Note No. 4, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 5, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 6, indeterminate, Department of Corrections                                                                    
                                                                                                                                
Governor's transmittal letter dated February 21:                                                                                
                                                                                                                                
Dear President Stevens:                                                                                                         
                                                                                                                                
As we continue our efforts to combat crime to ensure safe homes and                                                             
strong families in Alaska, I am transmitting a bill under the authority                                                         
of Article III, Section 18 of the Alaska Constitution relating to                                                               
conspiracy to commit human trafficking in the first degree or sex                                                               
trafficking in the first degree; relating to the crime of furnishing                                                            
indecent material to minors, the crime of online enticement of a minor,                                                         

2012-02-22                     Senate Journal                      Page 1592
and the crime of sex trafficking; relating to forfeiture of property used                                                       
in prostitution offenses; relating to sex offender registration; relating                                                       
to testimony by videoconference; and adding Rule 38.3, Alaska Rules                                                             
of Criminal Procedure.                                                                                                          
                                                                                                                                
Alaska law imposes the most severe penalty, an unclassified felony,                                                             
for persons who exploit children by inducing them to engage in                                                                  
prostitution. It is also a Class A felony for a person to force another                                                         
adult to engage in prostitution. The law also prohibits other conduct                                                           
that encourages or allows for promotion of prostitution.                                                                        
                                                                                                                                
When children are victimized in Alaska, they should not be labeled                                                              
with the actions of the offender who solicits sex, organizes its sale, and                                                      
exploits children. This bill changes the terminology for the crime by                                                           
describing the offender's conduct as sex trafficking rather than                                                                
promoting prostitution.                                                                                                         
                                                                                                                                
Traffickers prey on the most vulnerable in our society - young girls                                                            
and boys who may have tragically experienced varying levels of                                                                  
physical and sexual abuse and are often homeless. The most frequent                                                             
entry age into prostitution for girls is 12 to 14 years old. We believe                                                         
that any child engaged in prostitution (under the age of 18) is being                                                           
trafficked, and thus, is victim of a severe and serious crime rather than                                                       
a prostitute.                                                                                                                   
                                                                                                                                
The crimes of sex trafficking and human trafficking are serious                                                                 
offenses which violate the most basic human rights and deprive                                                                  
victims of every shred of personal freedom. These crimes are often                                                              
perpetrated by offenders working together. Cooperating to encourage                                                             
victims to come to the state for illegal activity, or to induce children to                                                     
engage in prostitution makes the ultimate offenses, human trafficking                                                           
or sex trafficking, more likely to occur. To address this likelihood, the                                                       
bill would add human trafficking in the first degree and sex trafficking                                                        
in the first degree to the crimes defined as serious felony offenses for                                                        
purposes of our conspiracy law.                                                                                                 
                                                                                                                                
The bill also would address the recent court decision holding that AS                                                           
11.61.128, which prohibits distribution of indecent materials to                                                                
minors, is unconstitutionally overbroad. The bill would change the                                                              
statute to require the State to prove that the offender intentionally                                                           

2012-02-22                     Senate Journal                      Page 1593
distributed, or possessed with the intent to distribute, harmful material                                                       
to another person that the offender knew was under 16 years of age or                                                           
believed was under 16 years of age.                                                                                             
                                                                                                                                
The bill strengthens the sex offender registration law by requiring                                                             
people who are considered sex offenders in other states to register in                                                          
this state, if they relocate to Alaska.                                                                                         
                                                                                                                                
The bill allows for video conference testimony in a criminal trial in                                                           
limited circumstances; that is, when the witness is unavailable, the                                                            
testimony is given under oath and subject to cross-examination, and                                                             
use of the technology is necessary to further an important public                                                               
policy. The bill also would allow two-way contemporaneous video                                                                 
conference testimony in hearings addressing the competency of a                                                                 
defendant to be tried for a crime.                                                                                              
                                                                                                                                
I urge your prompt consideration and passage of this bill.                                                                      
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell, Governor