Legislature(2011 - 2012)CAPITOL 120

04/13/2011 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 15 SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE TELECONFERENCED
Heard & Held
+ SB 78 LIABILITY RELATED TO ALCOHOL TELECONFERENCED
Moved Out of Committee
+ HB 224 SALES OF NICOTINE PRODUCTS TO MINOR TELECONFERENCED
Moved CSHB 224(JUD) Out of Committee
<Bill Held Over from 4/11/11>
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 15 - SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE                                                                      
                                                                                                                                
1:36:32 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
CS FOR  SENATE BILL  NO. 15(JUD), "An  Act relating  to penalties                                                               
for certain alcohol offenses involving  persons under 21 years of                                                               
age committed by certain sex offenders or child kidnappers."                                                                    
                                                                                                                                
1:36:53 PM                                                                                                                    
                                                                                                                                
SENATOR   KEVIN  MEYER,   Alaska   State  Legislature,   sponsor,                                                               
explained that SB 15 would  increase the penalties for the crimes                                                               
of providing alcohol to a minor  when the offense is committed by                                                               
a  person who  is required  to register  as a  sex offender  or a                                                               
child kidnapper.   Under SB 15,  if the underlying offense  is [a                                                               
violation,   the  aggravated   penalty   would  be   a  class   B                                                               
misdemeanor; if the underlying offense  is a class A misdemeanor,                                                               
the aggravated  penalty would  be a  class C  felony; and  if the                                                               
underlying offense  is a class  C felony, the  aggravated penalty                                                               
would be a class B felony.   The specific crimes that could be so                                                               
aggravated  under  SB 15  are:    AS  04.16.051 -  Furnishing  or                                                               
delivery of alcoholic  beverages to persons under the  age of 21;                                                               
AS 04.16.055  - Room rental  for purposes of  consuming alcoholic                                                               
beverages;  and  AS 04.16.057  -  Permitting  minor to  illegally                                                               
possess  liquor in  dwelling.]   There  is  a strong  correlation                                                               
between alcohol  use and  sexual assault, and  the intent  of the                                                               
bill is  to stop  those who  use alcohol  in order  to facilitate                                                               
their  sexual  abuse  of  a  minor crimes.    In  conclusion,  he                                                               
mentioned  that  SB 15  passed  the  Senate unanimously  and  has                                                               
attached fiscal notes.                                                                                                          
                                                                                                                                
1:39:46 PM                                                                                                                    
                                                                                                                                
CHRISTINE  MARASIGAN, Staff,  Senator Kevin  Meyer, Alaska  State                                                               
Legislature,  on behalf  of the  sponsor, Senator  Meyer, and  in                                                               
response  to a  comment, clarified  that members'  packets should                                                               
now  contain  two  indeterminate   fiscal  notes,  one  from  the                                                               
Department  of  Law   (DOL)  and  one  from   the  Department  of                                                               
Corrections (DOC).                                                                                                              
                                                                                                                                
SENATOR   MEYER   added  that   in   its   initial  fiscal   note                                                               
calculations, the  DOC had  used historical  conviction averages,                                                               
but when it was pointed out  in the Senate Finance Committee that                                                               
it's not  possible to estimate  how many new  convictions passage                                                               
of  SB 15  would result  in, the  DOC replaced  its prior  fiscal                                                               
notes with an indeterminate fiscal note.                                                                                        
                                                                                                                                
1:43:05 PM                                                                                                                    
                                                                                                                                
ANNA SAPPAH,  Executive Director, Alaska  Addiction Professionals                                                               
Association;  Beneficiary Member,  Advisory  Board on  Alcoholism                                                               
and Drug  Abuse, Division of Behavioral  Health (DBH), Department                                                               
of Health  and Social Services  (DHSS), after mentioning  that in                                                               
addition  to being  in long-term  recovery from  substance abuse,                                                               
she   is   a   survivor   of   several   alcohol-related   sexual                                                               
assault/abuse crimes, relayed that she  is speaking in support of                                                               
SB 15.   It is important to acknowledge the  potential for sexual                                                               
abuse that arises when adults  furnish alcohol and/or other drugs                                                               
to  minors,  she  opined,  because   this  behavior  enables  sex                                                               
offenders  and other  predators  to victimize  minors who  become                                                               
judgmentally impaired while under  the influence.  Predators that                                                               
provide any mind- or mood-altering  substance to minors should be                                                               
punished  for doing  so.   The pain  of living  with having  been                                                               
sexually abused can  be devastating to children.   In conclusion,                                                               
she  asked  the  committee  to  support  SB  15  so  as  to  give                                                               
communities  another  tool with  which  to  promote justice  when                                                               
dealing  with predators  who  would use  any  means available  to                                                               
victimize Alaska's children.                                                                                                    
                                                                                                                                
1:44:45 PM                                                                                                                    
                                                                                                                                
DOUGLAS  MOODY,   Deputy  Public  Defender,   Criminal  Division,                                                               
Central  Office,  Public  Defender Agency  (PDA),  Department  of                                                               
Administration (DOA), in response to  a query, indicated that the                                                               
only concern the PDA has is that  SB 15 might be applied to those                                                               
who aren't the intended targets of the bill.                                                                                    
                                                                                                                                
MS. MARASIGAN pointed  out, though, that the  bill specifies that                                                               
the  proposed  increased  penalties   apply  to  people  who  are                                                               
required to register  as a sex offender or as  a child kidnapper.                                                               
In other  words, SB 15 only  applies to persons who  have already                                                               
been convicted of  such crimes.  Providing alcohol or  drugs to a                                                               
minor  can   leave  him/her  ripe  for   being  sexually  abused.                                                               
Furthermore,  statistics indicate  that from  2006 to  2007, over                                                               
half  of  all sexual  assaults  occurring  in Anchorage  involved                                                               
alcohol,  and one-third  involved victims  under the  age of  19.                                                               
These  statistics highlight  the need  for another  tool to  help                                                               
keep such predators away from  Alaska's children.  In response to                                                               
comments and  questions, she clarified  that the bill  would only                                                               
apply to registered sex offenders  or registered child kidnappers                                                               
who violate either  AS 04.16.051, AS 04.16.055,  or AS 04.16.057;                                                               
and remarked that  the bill is intended to  address predators who                                                               
use alcohol as a grooming tool.                                                                                                 
                                                                                                                                
MR. MOODY,  in response  to questions  and comments,  offered his                                                               
understanding that the bill itself  would not impact any already-                                                               
established  penalty   that  could   be  imposed   for  violating                                                               
conditions of  probation/parole, and that any  such penalty would                                                               
have to be imposed consecutively.                                                                                               
                                                                                                                                
[Members   then    briefly   discussed   aspects    of   existing                                                               
AS 04.16.051.]                                                                                                                  
                                                                                                                                
MS. MARASIGAN,  in response to  comments and  questions regarding                                                               
whether to  either expand or limit  who the bill would  apply to,                                                               
noted that  those issues were  discussed in the  Senate Judiciary                                                               
Standing Committee,  and explained  that via  SB 15  as currently                                                               
written, the  sponsor is  attempting to  address the  behavior of                                                               
those who are already known to  be predators because they have to                                                               
register  as  such;  under  the   bill,  the  proposed  increased                                                               
penalties  could be  applied  before another  sexual  abuse of  a                                                               
minor crime takes place.                                                                                                        
                                                                                                                                
2:07:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER,  referring  to  the  DOC's  [initial  but                                                               
replaced]  fiscal   note,  indicated  favor  with   the  SB  15's                                                               
proposal.                                                                                                                       
                                                                                                                                
CHAIR GATTO observed that the  court-decision notes pertaining to                                                               
AS 04.16.051 mention  the issue of double  jeopardy, and surmised                                                               
that there  are probably  going to  be instances  wherein certain                                                               
charges get merged.                                                                                                             
                                                                                                                                
CHAIR GATTO then relayed that CSSB 15(JUD) would be held over.                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB15 Sponsor Statement 03-31-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 15
SB15 Version E 04-01-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 15
SB15 Explanation of Changes (Senate).pdf HJUD 4/13/2011 1:00:00 PM
SB 15
SB15 Fiscal Note-DOC-OC 03-14-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 15
SB15 Fiscal Note-LAW-CRIM 03-11-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 15
SB15 Supporting Documents-Letter ABADA 03-29-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 15
SB15 Supporting Documents-Letter APOA 02-14-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 15
SB78 Sponsor Statement.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB 78 Sectional Analysis.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB78 Version I.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB78 Fiscal Note-DPS-ABC 03-21-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB78 Fiscal Note-LAW-CRIM 03-25-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB78 Supporting Documents-Chart LLC vs LLP vs Corp.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB78 Supporting Documents-Explanation of Proposed Amendments.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB78 Supporting Documents-Letter Aleyska 02-14-11.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
SB78 Supporting Documents-Letter CHARR.pdf HJUD 4/13/2011 1:00:00 PM
SB 78
HB224 CS Version I 04-11-11.pdf HJUD 4/13/2011 1:00:00 PM
HB 224
HB224 Sponsor Statment Version I 04-12-11.pdf HJUD 4/13/2011 1:00:00 PM
HB 224