Legislature(2007 - 2008)HOUSE FINANCE 519
04/09/2008 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB 243 | |
| SB 185 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 185 | TELECONFERENCED | |
| += | SB 243 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR SENATE BILL NO. 185(STA)(title am)
"An Act relating to the central registry of sex
offenders and child kidnappers and to the registration
requirements for sex offenders and child kidnappers;
and providing for an effective date."
Vice-Chair Stoltze MOVED to ADOPT work draft #25-LS0985/L as
a working draft for HCS CSSB 185(FIN).
There being NO OBJECTION, it was so ordered.
9:06:52 AM
Representative Gara expressed frustration with the draft
corrections to the bill. He felt that the language drafted
by Legal Services [to incorporate a conceptual amendment]
did not represent the intent of the amendment.
Mr. Gara cited a provision that states electronic monitoring
"may" be at the discretion of the court; the provision was
changed to "shall". He further noted a recommendation to
victims "under 14" years of age that was lowered to "under
13", which he did not believed related to the issue's
legality.
Mr. Gara expressed concerned that in a memo dated April 8,
2008 (copy on file) legislative legal counsel encouraged the
addition of AS 11.41.434 to Section 2 of the bill, a statute
he thought had been discussed and settled against in a
previous meeting. Mr. Gara consented to substantively
discuss the issues.
9:08:21 AM
Co-Chair Chenault asked Ms. Carpeneti for comments on the
memo regarding Amendment #3, which he believed summarized
conclusions formerly reached by committee members.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW, shared
an understanding that the committee had made the provision
discretionary and therefore implemented the adoption of
"may." In response to the addition of AS 11.41.434 [sexual
abuse of a minor in the first degree], Ms. Carpeneti
explained that the state does not charge many offenders
under sexual assault [AS 11.41.410] when the crime involves
a young victim. The state usually proceeds with AS 11.41.434
because there exists one less approval to convict an
offender with the same serious, unclassified felony result.
The department realized the state could monitor more
offenders by employing the sexual abuse of a minor statute.
Ms. Carpaneti described "under 13" as tracking better with
current statutes that use the phrase as a marker for various
levels of crime in sexual abuse cases.
9:10:37 AM
Representative Gara accepted the addition of AS 11.41.434 to
the bill. He reiterated what he thought was a transcription
error of "shall" instead of "may" in the CS. He found first
degree rape cases especially those involving a young person
"beyond troubling." He elaborated on how AS 11.41.410 allows
prosecuting an offender regardless of the victim's age. He
showed awareness that the limitation, "under 13", usually
defines a minor in state statute. Representative Gara argued
the appropriateness of electronic monitoring for victims
"under 14" as a policy prerogative in Alaska law instead of
a convenient fit.
9:12:04 AM
Ms. Carpenti agreed the issue is a policy call. Co-Chair
Chenault repeated that "under 13" tracks more closely with
existing statutes rather than throwing another value into
the mix.
Representative Gara contended that should the committee
choose "under 14", "there is nothing wrong with us doing
that." Members could change the limit to "under 13," but
electronic monitoring would only happen then. Representative
Gara did not see why electronic monitoring shouldn't happen
when the victim is "under 14". If a court uses AS 11.41.410,
which has no age requirements to prosecute, he reasoned that
the legislature could just as easily say 14 as 13. He
recommended the committee stay with "under 14."
9:12:59 AM
Representative Kelly recognized the legal memo as triggering
previous debate surrounding AS 11.41.410. He noted that the
bill currently includes the most egregious assault
violations. He acknowledged the suggestion from legal to
capture sexual abuse as well and wondered about re-opening
AS 11.41.434 as a point of dialogue.
Co-Chair Chenault spoke to the original intent of CSSB 185.
Representative Gara agreed with the addition of AS
11.41.434.
9:14:48 AM
Ms. Carpeneti reiterated that AS 11.41.434 captures a person
convicted of sexual abuse of a minor in the first degree.
The offense registers as an unclassified felony.
Representative Kelly supported an amendment to do just that.
9:15:17 AM
Co-Chair Chenault MOVED amendment #5:
Page 2, line 6
Delete "shall"
Insert "may"
Page 2, line 7
After "AS 11.41.410"
Insert "or AS 11.41.434"
Page 2, line 8
Delete "14"
Insert "13"
Vice-Chair Stoltze OBJECTED.
9:15:55 AM
Representative Gara expressed general agreement with
amendment #5, but continued to urge applying electronic
monitoring in instances where the victim is older.
Representative Gara MOVED to ADOPT an amendment to Amendment
#5 to leave the age of the victim at "under 14" instead of
"under 13" or in effect delete lines 9-11. Representative
Kelly endorsed the action.
9:18:03 AM
Representative Hawker OBJECTED citing consistency with
present legislative age bracketing a more compelling reason
to insert "under 13" than reaching out with a one year
variance on this particular issue.
9:19:08 AM
Representative Gara guessed he would agree if the issue
upset consistency. He explained that according to AS
11.41.410 "rape is rape" with no age discussion, and the
legislature requests electronic monitoring of those
individuals who rape children under 14. He continued that AS
11.41.410 identifies three kinds of victims, "those who are
16, those who are 18, those who are 13." He asserted the
variable choice of picking "13" out of the three ages. He
maintained the electronic monitoring matter of either age as
a policy call.
9:19:59 AM
Ms. Carpeneti clarified the phrase "under 14" in the current
draft as meaning 13 year olds. She continued that if the
legislature desires to monitor perpetrators of 14 year old
victims, the number should change to "under 15."
Co-Chair Chenault inferred by extension Amendment #5 as
written to focus on "under 13" to mean 12 year olds.
9:20:50 AM
Vice-Chair Stoltze concurred with Mr. Luckhaupt and legal
counsel in support of Amendment #5 as offered and in
opposition of the amendment to that amendment.
9:21:56 AM
SENATOR BILL WIELECHOWSKI (SPONSOR), voiced no strong
feelings on either age 14 or 13.
Representative Kelly queried the effect of a change on the
statutes if protecting a 13 year old instead of a 12 year
old. Ms. Carpeneti simplified the matter as a policy call
saying, "Concerns about consistency are as important as you
make them."
9:23:21 AM
Representative Kelly disclosed his support for the amendment
to the amendment answering that this piece of legislation
holds wisdom and not enough violence elsewhere in statute to
let the year go. Representative Hawker maintained his
objection.
A roll call vote was taken on the motion.
IN FAVOR: Kelly, Thomas, Crawford, Gara
OPPOSED: Hawker, Joule, Stoltze, Chenault
The MOTION FAILED (4-4).
9:24:51 AM
There being NO OBJECTION, Amendment #5 was adopted.
9:26:00 AM
DWAYNE PEEPLES, DEPUTY COMMISSIONER, DEPARTMENT OF
CORRECTIONS addressed the indeterminate fiscal note from the
Department of Corrections (DOC) dated 04/09/08 8:15am (copy
on file). He elaborated that based on consultations with the
Department of Law and the Alaska Court System, the
Department of Corrections could not unearth any data
distinguishable by age under AS 11.41.410. The Department of
Corrections proceeded to gather information from AS
11.41.434. During the period 2002-07, under the sexual abuse
of a minor statute, data showed 32 convicted individuals
with an average sentence of around 9 years. Based on an
assumption that the courts would exercise discretion in
applying electronic monitoring, the Department utilized a
figure between ¼ and ½ of the number reported.
Mr. Peeples anticipated the operation of a Passive Global
Positioning System (GPS), which tracks an individual's steps
by zone during the course of a day and fires off an alarm if
the person enters a prohibited area. He speculated that the
Intensive Supervision Surveillance Program (ISSP) would
require one probation officer for every 20 offenders. The
Department of Corrections could potentially absorb the cost
of watching the earliest offenders and report a more
accurate prospective once a year. The department estimated a
minimum expenditure of $2,500 for the GPS in the initial
stages and annual costs thereafter to fund the Probation
Officer position.
Representative Gara complimented Co-Chair Chenault and Mr.
Peeples on their successful efforts to make the bill better.
Senator Wielechowski thanked the committee.
9:30:28 AM
Vice-Chair Stoltze MOVED to REPORT HCS CS SB 185(FIN) as
amended out of Committee with individual recommendations and
the accompanying fiscal note. There being NO OBJECTION.
CSSB 185(FIN) was REPORTED out of Committee with a "do pass"
recommendation and with two new zero fiscal notes (COR and
ADM); and previously published fiscal impact notes: FN2
(ADM), FN# (LAW), and FN4 (DPS).
9:31:52 AM
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