Legislature(1997 - 1998)
03/26/1998 01:45 PM House FIN
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* first hearing in first committee of referral
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HOUSE BILL NO. 252 "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure." REPRESENTATIVE JOE RYAN advised that HB 252 was offered to intensify sex offender and kidnapper registration statutes and the registration process in order to better protect citizens from convicted criminals. The intent of the legislation is to comply with recent changes to the law including Department of Justice, Office of the Attorney General, the Jacob Wetterling Act, so that Alaska remains eligible to receive $200 thousand dollars from the feds through the Byrne Formula Grant. Representative Ryan noted that the bill would allow for: ? A two-tier system put in place for offenders that fail to register, fail to register properly or fail to re-register and who are guilty of a first offense Class A misdemeanor. ? Persons responsible for hiring and employing people who will have access to current and criminal histories. ? An offender who registers while in the 30 days of sentencing, thus, eliminating the opportunity to fail to register and providing for a dramatic reduction in reporting times for re-registration and change of address. ? The length of time a sex offender or a child kidnapper must register in order to meet requirements of the US Constitution 14071 as adjusted and requiring the Department of Public Safety (DPS) to notify the Federal Bureau of Investigation (FBI) if a sex offender or child kidnapper does not register or cannot be found or if such a person moves to another state, the FBI and the other state would then be notified. Co-Chair Therriault asked if the legislation would bring Alaska into compliance with federal regulations. (Tape Change HFC 98- 79, Side 2). ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, replied that the Jacob Wetterling Act does require the State to include sex offender registration, for a child kidnapper or for a person who encourage or forces a 17 or 18 year old to engage in prostitution. These people would be required to register as a sex offender, although, kidnapping would not include acts related to child custody. Co-Chair Therriault asked the time requirement the State was given to fall into compliance and what would be the potential loss of funding if that was not met. Ms. Carpeneti remarked that the State receives $200 thousand dollars a year under the Byrne Formula Grant, and that 10% of that total would be lost if the State does not come into compliance with the Wetterling Act. Ms. Carpeneti advised that Section 6 of the bill was causing confusion. That section defines the drafting provisions of AS 12.63, relating to a criminal justice information provision. The section does not define the provisions which require sex offender registration, although, it does define where the State can release that information. Representative J. Davies asked what solicitation or conspiracy would warrant. Mr. Carpeneti advised that to prove an attempt, there would need to be proof that a substantial step toward the offense had been taken and that the person specifically intended to commit that offense. Clarification of attempt is found in Title 11, Chapter 31. Discussion followed between Representative J. Davies and Ms. Carpeneti regarding the scope of crimes being considered and the rate of recidivism of these crimes. They also discussed the federal requirements of the required registration times associated with such acts. Alaskan law requires that there be a lifetime registration for sex offenders. Co-Chair Therriault voiced concern that the kidnapping provision had the same stipulation for registration as a sex offender. He asked if that was essential to meet federal requirements. Ms. Carpeneti understood that under federal law, those individuals must be registered, although, they would not have to be registered for any longer than the basic requirement of that law. Representative J. Davies inquired if under federal law, would non-sexual motivated kidnapping registration be required. Ms. Carpeneti acknowledged that it would be and that it would be penalized in the same manner as sexually motivated, given up to 10 years. The Jacob Wettterling Act covers all offenses, which victimize children. She advised that the State had exceeded the compliance deadline. Ms. Carpeneti added, for the most part, the Administration is in favor of the proposed legislation. Representative Ryan recounted that the legislation had been drafted in working with the Administration and the Minority. He reiterated that passage is essential for the State to qualify for the funding. HB 252 was HELD in Committee for further consideration.
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