Legislature(2017 - 2018)GRUENBERG 120

04/11/2018 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 6:15 pm --
+ HB 230 TELECOMMUNICATIONS & INTERNET PRIVACY TELECONFERENCED
Heard & Held
-- Public Testimony --
+ SB 205 TELECOMMUNICATIONS REGULATION/EXEMPTIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 351 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Moved CSHB 351(HSS) Out of Committee
+= HB 336 SUPPORTIVE DECISION-MAKING AGREEMENTS TELECONFERENCED
Moved CSHB 336(JUD) Out of Committee
+= HB 387 AG SCHEDULE CONTROLLED SUBSTANCES TELECONFERENCED
Moved CSHB 387(JUD) Out of Committee
         HB 351-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
6:31:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE BILL NO. 351, "An Act  relating to care of juveniles and to                                                               
juvenile justice;  relating to  employment of  juvenile probation                                                               
officers  by  the  Department  of  Health  and  Social  Services;                                                               
relating  to   terms  used  in  juvenile   justice;  relating  to                                                               
mandatory  reporters  of  child  abuse or  neglect;  relating  to                                                               
adjudication of  minor delinquency and the  deoxyribonucleic acid                                                               
identification  registration system;  relating to  sexual assault                                                               
in the  third degree;  relating to sexual  assault in  the fourth                                                               
degree; repealing a requirement  for administrative revocation of                                                               
a  minor's  driver's  license, permit,  privilege  to  drive,  or                                                               
privilege to  obtain a license  for consumption or  possession of                                                               
alcohol or drugs; and providing for an effective date."                                                                         
                                                                                                                                
6:31:38 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  moved to adopt Amendment  1, labeled 30-LS0416\N.3,                                                               
Laffen, 4/10/18, which read as follows:                                                                                         
                                                                                                                                
     Page 1, line 5, following "system;":                                                                                     
          Insert "relating to jurisdiction for delinquency                                                                    
     proceedings;"                                                                                                            
                                                                                                                                
     Page 1, line 8, following "drugs;":                                                                                      
          Insert "amending Rules 2, 3, 8, 12, 14, 16, 21,                                                                     
     22, 23, and 25, Alaska Delinquency Rules;"                                                                               
                                                                                                                                
     Page 9, following line 4:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 17. AS 47.12.020(b) is amended to read:                                                                     
          (b)  Except as otherwise provided in this                                                                             
     chapter,  proceedings relating  to a  person who  is 18                                                                    
     years of  age or over  are governed by this  chapter if                                                                    
     the person is alleged to have committed a violation of                                                                     
               (1)  the criminal law of the state or a                                                                      
     municipality of the state, the violation occurred when                                                                     
     the person  was under 18  years of age, and  the period                                                                    
     of limitation under AS 12.10 has not expired; or                                                                       
               (2)  AS 11.56.760(a)(2) and was adjudicated                                                                  
     as a delinquent  for the offense that  required the DNA                                                                
     testing under AS 44.41.035."                                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 19, following line 14:                                                                                                
     Insert a new bill section to read:                                                                                         
        "*  Sec. 41.  The  uncodified law  of  the State  of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          INDIRECT COURT RULE AMENDMENT. AS 47.12.020(b),                                                                       
     as amended  by sec. 17 of  this Act, has the  effect of                                                                    
     amending  the  following  Alaska Delinquency  Rules  by                                                                    
     providing  that  certain persons  18  years  of age  or                                                                    
     older are subject to adjudication as minors:                                                                               
               (1)  Rule 2(n), Alaska Delinquency Rules;                                                                        
               (2)  Rule 3(b), Alaska Delinquency Rules;                                                                        
               (3)  Rule 3(c), Alaska Delinquency Rules;                                                                        
               (4)  Rule 8(b), Alaska Delinquency Rules;                                                                        
               (5)  Rule 8(c), Alaska Delinquency Rules;                                                                        
               (6)  Rule 12(b), Alaska Delinquency Rules;                                                                       
               (7)  Rule 12(c), Alaska Delinquency Rules;                                                                       
               (8)  Rule 12(d), Alaska Delinquency Rules;                                                                       
               (9)  Rule 14(b), Alaska Delinquency Rules;                                                                       
               (10)  Rule 16(a), Alaska Delinquency Rules;                                                                      
               (11)  Rule 16(b), Alaska Delinquency Rules;                                                                      
               (12)  Rule 21(g), Alaska Delinquency Rules;                                                                      
               (13)  Rule 22(c), Alaska Delinquency Rules;                                                                      
               (14)  Rule 23(b), Alaska Delinquency Rules;                                                                      
               (15)  Rule 25(b), Alaska Delinquency Rules;                                                                      
               (16)  Rule 25(c)(4), Alaska Delinquency                                                                          
     Rules."                                                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page  19, line  22, following  the first  occurrence of                                                                    
     "Act":                                                                                                                     
          Insert "AS 47.12.020(b), as amended by sec. 17 of                                                                     
     this Act,"                                                                                                                 
                                                                                                                                
     Page 19, line 22:                                                                                                          
          Delete "sec. 19"                                                                                                      
          Insert "sec. 20"                                                                                                      
                                                                                                                                
     Page 19, line 23:                                                                                                          
          Delete "secs. 2 - 9 and 19"                                                                                           
          Insert "secs. 2 - 9, 17, and 20"                                                                                      
                                                                                                                                
     Page 19, following line 29:                                                                                                
     Insert a new bill section to read:                                                                                         
         "* Sec. 44. The uncodified law of the State of                                                                     
     Alaska is amended by adding a new section to read:                                                                         
          CONDITIONAL EFFECT. Section 17 of this Act takes                                                                      
      effect only if sec. 41 of this Act receives the two-                                                                      
      thirds majority vote of each house required by art.                                                                       
     IV, sec. 15, Constitution of the State of Alaska."                                                                         
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 19, line 30:                                                                                                          
          Delete "Section 41"                                                                                                   
          Insert "Section 43"                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES objected for purposes of discussion.                                                                      
                                                                                                                                
6:32:16 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  explained that he  is moving Amendment 1  on behalf                                                               
of the bill sponsor.                                                                                                            
                                                                                                                                
6:32:39 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 6:32 p.m. to 6:33 p.m.                                                                       
                                                                                                                                
6:33:20 PM                                                                                                                    
                                                                                                                                
[Discussion regarding the amendments.]                                                                                          
                                                                                                                                
6:34:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  IVY  SPOHNHOLZ  advised   that  Amendment  1  was                                                               
requested  by   Quinlan  Steiner,  Public  Defender   and  he  is                                                               
available by telephone.                                                                                                         
                                                                                                                                
CHAIR CLAMAN asked Quinlan Steiner to explained Amendment 1.                                                                    
                                                                                                                                
6:34:20 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency (PDA),  Department of  Administration (DOA),  advised that                                                               
as he  reviewed CSHB 351, he  noted that in creating  a new crime                                                               
for failing  to provide  a DNA sample,  there is  the possibility                                                               
that it  would result  in an  adult criminal  conviction stemming                                                               
from an  arrest and adjudication  under the  juvenile delinquency                                                               
rules.   This,  he  explained, created  a  situation wherein  the                                                               
legislature   should  consider   the  following   two  particular                                                               
problems: it  would leave an  adult record that was  visible that                                                               
required a  predicated conviction which  would not be  visible on                                                               
CourtView, and  that would  be an indication  that someone  had a                                                               
juvenile  record.   Thereby,  openly  undermining the  juveniles'                                                               
attempts  at  rehabilitation.   The  inconsistency  of  having  a                                                               
juvenile  adjudication  running at  the  same  time as  an  adult                                                               
criminal  offense,  where  this   adult  criminal  offense  could                                                               
ultimately override  the primary concerns of  rehabilitation in a                                                               
juvenile  delinquency   matter,  and  those  two   appear  to  be                                                               
inconsistent.  Consequently, he said  that he made the suggestion                                                               
to  handle   this  entire  matter,   stemming  from   a  juvenile                                                               
delinquency matter,  under the juvenile delinquency  rules, which                                                               
would be more consistent with the focus on rehabilitation.                                                                      
                                                                                                                                
6:36:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   moved  Conceptual   Amendment  1                                                               
Version  30-LS0416\N.4,  to  Amendment 1  Version  30-LS0416\N.3,                                                               
which read as follows:                                                                                                          
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert a new paragraph to read:                                                                                            
               "(1)  Rule 2(k), Alaska Delinquency Rules;"                                                                      
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert a new paragraph to read:                                                                                            
               "(1)  Rule 2(k), Alaska Delinquency Rules;"                                                                      
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
CHAIR CLAMAN asked Mr. Steiner to explain Amendment N.4.                                                                        
                                                                                                                                
6:36:45 PM                                                                                                                    
                                                                                                                                
MR. STEINER advised  that he had not seen  Conceptual Amendment 1                                                               
to Amendment 1.                                                                                                                 
                                                                                                                                
CHAIR  CLAMAN explained  how  the above  amendment  read, and  he                                                               
explained that it adds one more  delinquency rule that was not in                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
MR. STEINER responded  that those were discussions  "we had," but                                                               
that is the  definition of a juvenile.   Therefore, he explained,                                                               
the committee would be making  an indirect rule amendment to make                                                               
clear   that  the   definition  of   juvenile  in   this  limited                                                               
circumstance includes  an individual who  was 18 years of  age at                                                               
the time this  failure to provide DNA event  occurred.  Normally,                                                               
he further explained,  someone who is 18 years of  age, under the                                                               
juvenile  delinquency  rules,  the conduct  predates  their  18th                                                               
birthday.   He explained that  the court  can make this  clear in                                                               
the rules  that what was happening  now needed to be  governed by                                                               
the delinquency rules.                                                                                                          
                                                                                                                                
6:37:47 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked  whether  there  was  an  objection  to  the                                                               
adoption of Conceptual  Amendment 1 to Amendment 1.   There being                                                               
no objection, Conceptual Amendment 1 to Amendment 1 was adopted.                                                                
                                                                                                                                
6:37:59 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked  whether  there  was  an  objection  to  the                                                               
adoption of Amendment 1, as amended.                                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
6:38:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  referred to Amendment 1,  and commented that                                                               
it looks like  a DNA swab based on a  juvenile offense, and asked                                                               
whether this amendment  changes what the law  would be currently.                                                               
For  example,  if a  16-year-old  committed  an assault  and  was                                                               
required to submit to a DNA  test, and for various reasons by the                                                               
time they  were served with  an order they  were age 18  and they                                                               
refused  to submit  a  DNA sample,  "so now  they  have an  adult                                                               
charge  based on  a  two-year  old juvenile  charge."   He  asked                                                               
whether the law (audio difficulties).                                                                                           
                                                                                                                                
MR. STEINER responded  that under current statute,  a juvenile is                                                               
required to provide  a sample and that doesn't  change, it simply                                                               
makes  it  a  criminal  offense.   The  concern  comes  in  where                                                               
someone's  conduct occurs  just prior  their 18th  birthday, they                                                               
are arrested or  adjudicated after their 18th  birthday, and they                                                               
then choose to not provide a sample.   In the prior law, that was                                                               
non-criminal and  now it becomes  criminal, it is simply  that it                                                               
would  be handled  as a  juvenile  offense rather  than an  adult                                                               
offense, he offered.                                                                                                            
                                                                                                                                
6:39:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP (audio difficulties).                                                                                       
                                                                                                                                
MR. STEINER answered  that the bill actually changes  the way the                                                               
law works  because the  bill itself makes  it a  criminal offense                                                               
where it  was not  a criminal  offense.   Amended Amendment  1 is                                                               
focused  on  making sure  the  underlying  case continues  to  be                                                               
handled as  a juvenile  matter even  though the  refusal occurred                                                               
after an  18th birthday.   He  said that will  put the  two cases                                                               
together, essentially, and ensure  that focus for that individual                                                               
remains  on  rehabilitation  as  is  generally  the  case  (audio                                                               
difficulties).                                                                                                                  
                                                                                                                                
CHAIR CLAMAN referred  to Sec. 19 [AS 47.12.120(l)]  page 12, 14-                                                               
25, and explained  that it turns what was  a non-criminal offense                                                               
into a  criminal offense.   Under current  law, not giving  a DNA                                                               
sample is  not a criminal offense,  and this bill will  make it a                                                               
criminal offense.                                                                                                               
                                                                                                                                
6:41:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  surmised that  if  a  person committed  a                                                               
crime  as a  juvenile, and  then after  their 18th  birthday they                                                               
commit the  other crime of failing  to submit a DNA  sample, this                                                               
amendment would  still make that  subject to the  juvenile rules.                                                               
She asked why  the committee should do that because  they were an                                                               
adult when they decided to not provide their DNA.                                                                               
                                                                                                                                
MR.  STEINER answered  that Representative  LeDoux is  correct as                                                               
long as  the requirement that  the person provide the  DNA sample                                                               
stems from  something that  occurred as a  juvenile.   Under this                                                               
amendment, that  adult conduct would  be treated similarly  as to                                                               
the  case  with the  juvenile  conduct.    The reason  being,  he                                                               
explained, is two-fold:  one is that you would  have on CourtView                                                               
and in  the public record, a  record of a conviction  for which a                                                               
predicate  must  exist.   The  predicate  being a  conviction  or                                                               
adjudication  for  something  that   would  lead  to  information                                                               
indicating that that  person had a juvenile record.   Thereby, he                                                               
pointed out,  essentially opening  up confidentiality  and making                                                               
clear that  there is a  possible juvenile record there,  it could                                                               
have been an out-of-state record but  it could also be a juvenile                                                               
record.  He pointed out that it  would be counter to the goals of                                                               
rehabilitation and  keeping confidentiality for juvenile  so they                                                               
can move  past whatever juvenile  conduct took place.   The other                                                               
reason  being, he  offered, is  that this  can happen  relatively                                                               
quickly in that someone could  be arrested just before their 18th                                                               
birthday, and then this event  could occur right after their 18th                                                               
birthday, all based upon juvenile  conduct.  Again, he said, that                                                               
would  sever  the juvenile  goals  and  now there  are  competing                                                               
interests  in  this  adult  case  and  that  might  overwhelm  or                                                               
overrule the  focus on  juvenile rehabilitation  and a  chance to                                                               
move ahead.                                                                                                                     
                                                                                                                                
6:44:00 PM                                                                                                                    
                                                                                                                                
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile  Justice,  explained  that   Amendment  1,  as  amended,                                                               
addresses an issue  that Mr. Steiner identified  to the division,                                                               
and the Department of Health  and Social Services (DHSS) does not                                                               
have  a concern  about  the  amendment.   He  explained that  the                                                               
division  collects  DNA  samples  if the  offense  was  a  felony                                                               
against  persons and  occurred  after their  16th  birthday.   He                                                               
remarked  that the  scenario  of a  juvenile  refusing to  submit                                                               
their DNA  sample "doesn't really  happen," so  it is not  a case                                                               
the  division  sees   a  lot  of  where  the   juveniles  are  an                                                               
adjudicated  delinquent for  a crime  against a  person and  they                                                               
turn  18 years  of age,  and  then they  refuse to  submit a  DNA                                                               
sample, "that doesn't  happen."  In the event it  did take place,                                                               
the division  believes it  is appropriate  that they  continue to                                                               
stay  in  the  juvenile  justice   system.    Juveniles  who  are                                                               
adjudicated  close  to  their  18th  birthday  can  stay  in  the                                                               
juvenile justice system  up to age 20.   Therefore, he explained,                                                               
they can commit a crime when they  are almost 18 years of age and                                                               
continue  to stay  in the  system  up to  age 20  with their  own                                                               
agreement.   He offered  that the  issues Mr.  Steiner identified                                                               
are  appropriate in  that the  conduct  that would  lead to  this                                                               
criminal offense  is related  to a  delinquency offense,  and the                                                               
division is prepared to handle those  cases in the same manner it                                                               
handles other delinquency offenses.                                                                                             
                                                                                                                                
6:45:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  commented  that  possibly  the  committee                                                               
should reconsider CourtView but she  would not make a decision as                                                               
to  whether  or  not  something  should  be  a  criminal  offense                                                               
depending upon whether it would be listed on CourtView.                                                                         
                                                                                                                                
6:46:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN offered  his impression  that one  of the                                                               
distinctions  between  dealing  with   this  under  the  juvenile                                                               
section versus the  adult section is due to the  hope that by the                                                               
time  someone  becomes  an  adult   they  could  have  then  been                                                               
rehabilitated  and  had  the  opportunity  to  learn  from  their                                                               
mistakes.  He asked whether he had misinterpreted the testimony.                                                                
                                                                                                                                
MR.  DAVIDSON explained  that the  delinquency  statutes and  the                                                               
purpose  of the  division is  slightly different  than the  adult                                                               
correctional  system, and  one example  is that  juvenile records                                                               
are  deemed confidential.   Mr.  Steiner identified  this unusual                                                               
circumstance which could take place  here, wherein juveniles have                                                               
been added  to the crime of  failure to submit a  DNA sample, and                                                               
they are in the juvenile  justice system proceeding through their                                                               
process and possibly  in a treatment program, but  they refuse to                                                               
submit a  DNA sample.   The juvenile  would stay in  the juvenile                                                               
justice system, therefore, this  offense that occurred related to                                                               
their previous  delinquency offense  would be attached,  of which                                                               
the division is not concerned.                                                                                                  
                                                                                                                                
6:47:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  offered a  scenario  of  a juvenile  who                                                               
commits a  felony, they are  in the  system for that  felony, and                                                               
now "we  want to say that"  just because they turned  18 does not                                                               
mean they should be treated as  an adult and should be treated as                                                               
a juvenile.   He asked, at  what point does the  division want to                                                               
"cut them loose," at what age if it is not age 18.                                                                              
                                                                                                                                
JUDY JESSEN,  Staff, Representative  Ivy Spohnholz,  Alaska State                                                               
Legislature, responded that (audio difficulties).                                                                               
                                                                                                                                
6:49:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  pointed  out  that Ms.  Jessen  did  not                                                               
answer  his  question,  and  his question  was  directed  to  the                                                               
Division of Juvenile Justice.                                                                                                   
                                                                                                                                
MR. DAVIDSON answered that, after the  age of 18 the new criminal                                                               
acts are referred to the adult  criminal justice system.  As this                                                               
act  is  related  to  a  delinquent act  and  it  is  actually  a                                                               
responsibility that  the division is administering,  the division                                                               
and the public defender believe it  is appropriate to stay in the                                                               
juvenile  justice system.   He  explained that  it is  similar to                                                               
conditions of  conduct for  release from  custody, some  of those                                                               
conditions  become criminal  acts  because the  person failed  to                                                               
follow through on their appropriate  probation conditions.  Those                                                               
people  stay in  the  juvenile justice  system  even though  they                                                               
could be viewed  as new criminal acts because they  are under the                                                               
division's supervision.   He reiterated  that this is  an unusual                                                               
circumstance,  it is  not something  the division  sees, and  the                                                               
drafter  identified that  juveniles  are required  to submit  DNA                                                               
samples  and they  had not  been  included in  this criminal  act                                                               
under  Title  11.    That   issue,  he  explained,  the  drafters                                                               
identified as  a bit of incongruity  in the fact they  were under                                                               
Title 44, they were required to  submit DNA samples but they were                                                               
not subject to the penalties, the same requirements.                                                                            
                                                                                                                                
6:50:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP asked  whether the  only circumstance  under                                                               
which  a DNA  swab  would be  sought  would be  due  to a  felony                                                               
offense against a person.                                                                                                       
                                                                                                                                
MR. DAVIDSON responded, a minor over  the age of 16 who commits a                                                               
felony against a person.                                                                                                        
                                                                                                                                
6:51:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  referred  to  a  less  severe  offense  and                                                               
offered the scenario  of a 17-year-old being arrested  for a DUI,                                                               
"and then  when they turn  18, by the  time they are  offered the                                                               
breath test because  they were arrested at 11:00 p.m.,  they do a                                                               
breath  test refusal."   He  commented  that that  is a  separate                                                               
class  A misdemeanor  offense, or  it could  be felony  depending                                                               
upon whether  they had refused  the test previously.   He related                                                               
that that is only possible because  they were arrested for a DUI,                                                               
and he  asked whether that  would be the same  circumstance under                                                               
juvenile law because they do not serve three days in prison.                                                                    
                                                                                                                                
MR.  DAVIDSON  replied  that Representative  Kopp  identified  an                                                               
offense that is  outside of the juvenile justice system,  it is a                                                               
driving offense  and handled by  the district court.   He related                                                               
that he was not in a position to  speak as to how a DUI fits into                                                               
the scenario.                                                                                                                   
                                                                                                                                
6:52:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD commented that  she believes in "catching                                                               
them early" and  helping kids to change their ways  and heart due                                                               
to a conviction.  She related that  it is fair to all Alaskans to                                                               
know whether  a person  committed a felony  against a  person and                                                               
that  past behavior  is  often predicted  future  behavior.   She                                                               
asked whether this  legislation makes it softer or  easier in any                                                               
manner, or is  this a technical change with regard  to people not                                                               
being able to see records or  understand that a person had been a                                                               
danger in the past.                                                                                                             
                                                                                                                                
MR.  DAVIDSON answered  that he  does  not believe  it does,  the                                                               
offense  being discussed  is refusing  to submit  to a  DNA test,                                                               
which  is  a  mouth  swab   administered  in  the  office.    The                                                               
underlying offense would not be the  offense that led them to the                                                               
DNA sample and  it would not be available to  the public, so that                                                               
change is not a concern.                                                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN  maintained his objection to  Amendment 1,                                                               
as amended.                                                                                                                     
                                                                                                                                
6:54:00 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Stutes,  Kreiss-                                                               
Tomkins, and Claman  voted in favor of the  adoption of Amendment                                                               
1,  as  amended.   Representatives  Kopp,  LeDoux,  Eastman,  and                                                               
Reinbold voted against  it.  Therefore, Amendment  1, as amended,                                                               
failed to be adopted by a vote of 3-4.                                                                                          
                                                                                                                                
6:54:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt Amendment 2, labeled 30-                                                                  
LS0416\N.1, Laffen, 4/6/18, which read as follows:                                                                              
                                                                                                                                
     Page 18, line 20, through page 19, line 12:                                                                                
          Delete all material and insert:                                                                                       
        "* Sec. 38. AS 47.17.020(a) is amended to read:                                                                     
          (a)  The following persons who, in the                                                                                
     performance of their occupational  duties  or [,] their                                                                
     appointed  duties under  (8)  of  this subsection,  [OR                                                                    
     THEIR VOLUNTEER  DUTIES UNDER (9) OF  THIS SUBSECTION,]                                                                    
     have  reasonable  cause to  suspect  that  a child  has                                                                    
     suffered harm  as a  result of  child abuse  or neglect                                                                    
     shall  immediately  report  the  harm  to  the  nearest                                                                    
     office of the department:                                                                                                  
               (1)  practitioners of the healing arts;                                                                          
               (2)        school   teachers    and    school                                                                    
     administrative   staff   members,  including   athletic                                                                    
     coaches, of public and private schools;                                                                                    
               (3)  peace officers and officers of the                                                                          
     Department of Corrections;                                                                                                 
               (4)         administrative     officers    of                                                                    
     institutions;                                                                                                              
               (5)  child care providers;                                                                                       
               (6)  paid employees of domestic violence and                                                                     
     sexual  assault programs,  and crisis  intervention and                                                                    
     prevention programs as defined in AS 18.66.990;                                                                            
               (7)  paid employees of an organization that                                                                      
     provides   counseling  or   treatment  to   individuals                                                                    
     seeking to control their use of drugs or alcohol;                                                                          
               (8)  members of a child fatality review team                                                                     
     established under  AS 12.65.015(e) or 12.65.120  or the                                                                    
     multidisciplinary child  protection team  created under                                                                    
     AS 47.14.300;                                                                                                              
               (9)  juvenile probation officers, juvenile                                                                   
     probation   office  staff,   and   staff  of   juvenile                                                                
     detention    facilities    and    juvenile    treatment                                                                
     facilities, as those terms  are defined in AS 47.12.990                                                                
     [VOLUNTEERS WHO  INTERACT WITH CHILDREN IN  A PUBLIC OR                                                                    
     PRIVATE SCHOOL FOR MORE THAN FOUR HOURS A WEEK].                                                                           
        * Sec. 39. AS 47.17.022(e) is amended to read:                                                                        
          (e)  Each school district that provides training                                                                      
     under this  section shall provide notice  to public and                                                                    
     private schools  located in the school  district of the                                                                    
     availability  of the  training  [AND INVITE  VOLUNTEERS                                                                    
     WHO  ARE  REQUIRED  TO  REPORT   ABUSE  OR  NEGLECT  OF                                                                    
     CHILDREN  UNDER  AS 47.17.020  TO  PARTICIPATE  IN  THE                                                                    
     TRAINING AT NO COST TO THE VOLUNTEER]."                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 19, line 14:                                                                                                          
          Delete "and 47.14.990(9)"                                                                                             
          Insert ", 47.14.990(9); and AS 47.17.020(j)"                                                                          
                                                                                                                                
     Page 19, line 30:                                                                                                          
          Delete "Section 41"                                                                                                   
          Insert "Section 42"                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS objected.                                                                                         
                                                                                                                                
6:54:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  advised  that  the  legislature  made  a                                                               
mistake in  adopting a  recent statute "and  in that  statute you                                                               
can find  the change listed  on page 2  of the amendment,  at the                                                               
first line."   The  legislature put  into statute,  and basically                                                               
incorporating  for  the  first time  that  volunteers  under  the                                                               
category of mandatory reporting,  makes them criminally liable if                                                               
they fail to report.   He said, even as few as  four hours a week                                                               
which  could be  a high  school football  game within  which they                                                               
volunteer.  In  the event the committee permits  this to continue                                                               
in  statute, before  the change  was made,  and now,  and in  the                                                               
future,  there is  nothing that  prohibits or  makes it  hard for                                                               
volunteers  to report  issues  of which  they  are concerned,  or                                                               
observe.    The criminal  liability  is  (audio difficulties)  if                                                               
dealing with a  volunteer, he opined, that is raising  the bar to                                                               
such an  extent that  volunteers no longer  volunteer.   He added                                                               
that since there is nothing that  will make it difficult for them                                                               
to report  or be involved  in identifying  abuse of any  sort, he                                                               
opined that it  needs to be made clear that  volunteers should be                                                               
volunteering and this criminal liability should not be added.                                                                   
                                                                                                                                
6:56:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  IVY SPOHNHOLZ  stated that  she does  not support                                                               
Amendment 2, it  introduces a concept into the bill  which is not                                                               
part  of the  original  bill updating  the  Division of  Juvenile                                                               
Justice   definitions  in   statute.      This  amendment   would                                                               
essentially eliminate the  mandatory reporting requirement passed                                                               
in  2015, specifically  requiring  that  volunteers working  with                                                               
children become  mandatory reporters.   She advised that  this is                                                               
part of  the Alaska  Safe Children's Act  which was  an important                                                               
piece  of legislation  designed to  actually increase  safety for                                                               
children and  make clear  to the community  that it  is essential                                                               
that harm and child abuse is reported.                                                                                          
                                                                                                                                
6:57:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS maintained  his objection primarily                                                               
due to the scope of the bill.   He said he was sympathetic to the                                                               
notion  of being  skeptical about  putting volunteers  in schools                                                               
for as  little as  four hours  a week in  a position  of criminal                                                               
liability.                                                                                                                      
                                                                                                                                
6:58:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  commented  that  this  issue  was  quite  a                                                               
discussion  in  2015,  and  it  was  a  small  meltdown  for  the                                                               
legislature.    There  was a  lively  discussion  between  former                                                               
Senator  Lesil McGuire,  former Senator  Fred Dyson,  and several                                                               
other  senators about  how  to  deal with  the  issue of  regular                                                               
volunteers in  the school versus  those who are called  to simply                                                               
step in  for a  volleyball practice, for  example, and  that some                                                               
volunteers have  never had training  in recognizing  or reporting                                                               
abuse.    This  compromise  came  out  of  the  Senate  Judiciary                                                               
Standing Committee  where language was  included that "you  are a                                                               
mandatory reporter if you interact  with children in a school for                                                               
more  than four  hours a  week."   He completely  philosophically                                                               
agrees  that  the  legislature wants  to  minimize  liability  to                                                               
volunteers, and he suggested that  that could be its own separate                                                               
bill.                                                                                                                           
                                                                                                                                
7:00:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  commented that  CSHB  351  adds a  ninth                                                               
category  of people  to  the  list of  mandatory  reporters.   He                                                               
offered concern that  this list is growing too long  and as a new                                                               
category is being  added, Amendment 2 would  remove one category.                                                               
Professionals  are added  to  the  mandatory reporting  category,                                                               
which  is entirely  appropriate, but  volunteers are  a different                                                               
matter, he  said, and they should  not be treated with  that same                                                               
level of criminal liability.                                                                                                    
                                                                                                                                
7:00:52 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative Eastman  voted in                                                               
favor of the adoption of  Amendment 2.  Representatives Reinbold,                                                               
Kopp, Stutes,  LeDoux, Kreiss-Tomkins,  and Claman  voted against                                                               
it.  Therefore, Amendment 2 failed to  be adopted by a vote of 1-                                                               
6.                                                                                                                              
                                                                                                                                
7:01:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  commented that  this legislation  was the                                                               
source  of  lively discussion  in  the  House Health  and  Social                                                               
Services  Standing Committee  and  while parts  of  the bill  are                                                               
beneficial,  he will  be a  no vote  on passing  CSHB 351  out of                                                               
committee.                                                                                                                      
                                                                                                                                
7:03:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS moved  to report  CSHB 351  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being  no objection, CSHB 351(HSS) moved out                                                               
of the House Judiciary Standing Committee.                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB230 ver D 4.11.18.PDF HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Sponsor Statement 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Sectional Analysis ver D 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Existing Policies for Consumer Protection - AT&T 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Explanation of Protections - AT&T 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-FCC Federal Regulations Internet Privacy Section 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Internet Privacy BBC Article 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-ACLU 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Internet Privacy BBC Article 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Pioneer Press Minnesota News 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Fiscal Note LAW-CIV 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
SB205 ver U 4.11.18.PDF HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Sponsor Statement 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Summary of Changes 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Sectional Summary 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Executive Summary 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-Modernization Act FAQ 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Letter to RCA 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Supplemental Information 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Response to RCA 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-Copper Valley Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-AP&T Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-AT&T Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-TelAlaska Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-MTA Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ACS Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supprting Document-OTZ Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ASTAC Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Fiscal Note DCCED-RCA 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
HB230 Supporting Document-Legal Memo - Explanation of Penalties 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
SB205 Supporting Document-RCA Staff Analysis 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Opposing Document-Rep. Guttenberg Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 PowerPoint Presentation 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205