Legislature(1993 - 1994)

02/26/1993 12:00 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
  HB 69 - SEX OFFENDER REGISTRATION                                            
  Number 039                                                                   
  COMMITTEE, outlined the changes included in the draft                        
  committee substitute for HB 69, dated 2/26/93.  She noted                    
  that the first change appeared in section 2, at the bottom                   
  of page 1.  She said that section 2 would take effect                        
  immediately upon passage of the bill and then be repealed on                 
  January 1, 1997, and replaced with section 3 of the bill.                    
  Sections 2 and 3 were identical, except that section 3                       
  included the requirement that offenders submit a blood                       
  Number 095                                                                   
  REP. PHILLIPS asked why there was not an immediate effective                 
  date on the rest of the bill's provisions.                                   
  Number 102                                                                   
  MS. HORETSKI said that she did not recall any committee                      
  members suggesting an immediate effective date before.  She                  
  said that the Department of Public Safety would need to gear                 
  up for the sex offender registration program and adopt                       
  regulations for its implementation.                                          
  Number 109                                                                   
  REP. PHILLIPS asked if the effective date of the bill could                  
  be researched.                                                               
  Number 112                                                                   
  MS. HORETSKI indicated that Doug Wooliver from the speaker's                 
  office was present and could comment on that point later.                    
  MS. HORETSKI continued to outline changes in the draft                       
  committee substitute for HB 69.  Research showed that                        
  "municipal" was a better term than "local" when used to                      
  refer to police departments within Alaska; therefore, she                    
  said, all references to "local" police departments had been                  
  changed to "municipal" police departments.                                   
  MS. HORETSKI called the members' attention to page 3, line                   
  15, of the draft committee substitute.  She stated that the                  
  biggest changes made to HB 69 were in this section of the                    
  bill.  The new draft committee substitute contained a                        
  lifetime registration requirement for offenders convicted of                 
  unclassified or class A felony sex offenses, a 20-year                       
  registration requirement for offenders convicted of class B                  
  or class C felony sex offenses, and a 10-year registration                   
  requirement for offenders convicted of a class A misdemeanor                 
  sex offense.                                                                 
  Number 139                                                                   
  MS. HORETSKI also noted that new language appeared on page                   
  3, line 24.  The draft committee substitute said that the                    
  Department of Public Safety would adopt regulations                          
  outlining the procedure by which the department would notify                 
  offenders who were convicted of a sex offense that was a                     
  violation of a former law, or a law outside the state of                     
  Alaska.  Ms. Horetski said that this provision was added to                  
  the bill by the drafters, as a person convicted of a sex                     
  offense outside of Alaska might not be aware of the Alaska                   
  classification level to which his or her offense was                         
  equivalent, for the purposes of registering.                                 
  Number 175                                                                   
  MS. HORETSKI said that she had discovered that 21 states had                 
  adopted laws requiring offenders to provide blood samples                    
  for DNA analysis.  She added that at least seven of those                    
  states also had constitutional rights to privacy, as Alaska                  
  did.  She said this was not a guarantee that such a                          
  provision in HB 69 would be upheld; however, she noted that                  
  it was encouraging to know that other states with                            
  constitutional rights to privacy had adopted DNA sample                      
  Number 198                                                                   
  REP. PHILLIPS said she had noticed another change between                    
  the most recent committee substitute and its predecessor, in                 
  that the sections were numbered differently.                                 
  Number 203                                                                   
  MS. HORETSKI indicated that because sections 2 and 3 were                    
  now identical, except for the dates on which they would take                 
  effect, the numbering of all subsequent sections of the bill                 
  was altered.                                                                 
  Number 217                                                                   
  CHAIRMAN PORTER stated that the inclusion of both sections 2                 
  and 3 was seen as the "cleanest" way to enact the law                        
  without having to come back several years down the road and                  
  enact a section relating to DNA samples.                                     
  Number 236                                                                   
  JEN TUCCI, from Juneau, testified in support of HB 69.  She                  
  said that sex offenders paid for their actions by serving                    
  jail sentences, but their victims paid for the rest of their                 
  lives.  She noted the emotional upheaval, inability to                       
  function, psychological damage, and fear were experienced by                 
  victims of sex offenses.  She added that sex offenders                       
  tended to display predatory behavior, and violent sex                        
  offenders often escalated the level of violence in each                      
  subsequent offense.  For those reasons, she said, HB 69                      
  would help to protect the innocent and convey a message that                 
  society would no longer tolerate the behavior of sex                         
  offenders.  She said there was no proof that sex offenders                   
  could be cured.                                                              
  Number 277                                                                   
  REP. KOTT asked Ms. Tucci if she was testifying on her own                   
  behalf or if she was representing an organization.                           
  Number 279                                                                   
  MS. TUCCI indicated that she was representing herself.                       
  (Rep. Nordlund arrived at 12:25 p.m.)                                        
  CHAIRMAN PORTER summarized for Rep. Nordlund the changes                     
  contained in the current committee substitute for HB 69.                     
  Number 307                                                                   
  REP. NORDLUND moved to report out the Judiciary committee                    
  substitute for HB 69, with individual recommendations and a                  
  zero fiscal note from the Department of Public Safety.                       
  MS. HORETSKI noted that the Department of Public Safety had                  
  offered a fiscal note showing impact on that department's                    
  operating costs.                                                             
  REP. NORDLUND amended his motion to include the fiscal note                  
  from the Department of Public Safety.                                        
  Number 316                                                                   
  MARGOT KNUTH, from the DEPARTMENT OF LAW, stated that she                    
  had noticed a technical problem with the draft committee                     
  substitute.  She pointed out a "local" police department                     
  reference on page 3, line 8.                                                 
  Number 327                                                                   
  CHAIRMAN PORTER asked if Rep. Nordlund would consider an                     
  amendment changing the "local" police department language on                 
  page 3, line 8, to be a friendly amendment.                                  
  Number 329                                                                   
  REP. NORDLUND said that would be a friendly amendment.  He                   
  amended his motion to ask that a new committee substitute be                 
  prepared, including the change on page 3, line 8.                            
  Number 340                                                                   
  CHAIRMAN PORTER, hearing no objection, ordered that the new                  
  committee substitute for HB 69 move out of committee.                        
  The committee took a brief "at ease" at 12:31 p.m.  The                      
  committee resumed its business at 12:34 p.m.                                 
  Number 360                                                                   
  CHAIRMAN PORTER announced that HB 64 was the next item of                    
  business before the committee.                                               

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