Legislature(2007 - 2008)SENATE FINANCE 532

03/26/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 303 SANITATION AND WATER GRANTS TELECONFERENCED
Moved SB 303 Out of Committee
+ SB 185 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION TELECONFERENCED
Moved CSSB 185(STA) Out of Committee
+ HB 152 ESTABLISH RENEWABLE ENERGY FUND/ACCOUNT TELECONFERENCED
+ Heard & Held TELECONFERENCED
SENATE BILL NO. 185                                                                                                           
                                                                                                                                
     "An   Act   relating   to  sex   offenders   and   child                                                                   
     kidnappers."                                                                                                               
                                                                                                                                
SENATOR BILL WIELECHOWSKI, presented  an overview of the bill                                                                   
updating  the   sex  offender  list  to  include   the  email                                                                   
addresses  and   electronic  identifiers  of   convicted  sex                                                                   
offenders and  child kidnappers. He remarked  that Alaska has                                                                   
one of the  highest internet uses  in the country and  one of                                                                   
highest percentage of sex offenders  in the nation. He argued                                                                   
that the  bill provides a  powerful tool for  law enforcement                                                                   
to track the activities of convicted  sex offenders and catch                                                                   
and punish  them when  they break  the law. Alaska  currently                                                                   
requires sex offenders  to register their home  addresses and                                                                   
places  of employment  but there  is, at present,  no way  to                                                                   
track  their  internet  communication.  Senator  Wielechowski                                                                   
reviewed the bill sections. He noted that:                                                                                      
                                                                                                                                
     Section  1  makes  not registering  the  sex  offender's                                                                   
     email a crime.                                                                                                             
     Section  2, Page  3, line  4-6 added  the definition  of                                                                   
     what must be registered.                                                                                                   
     Section  3  states that  the  email must  be  registered                                                                   
     within one day.                                                                                                            
     Section  4 has two  components,  which were added  after                                                                   
     statements  from  the Senate  State  Affairs  Committee.                                                                   
     Section  4,  paragraph  2,  is a  request  from  Senator                                                                   
     Stevens  to  make  this  information  available  to  the                                                                   
     central registries of internet service providers.                                                                          
     Section  5 is the  applicability section describing  the                                                                   
     dates and times the bill goes into effect.                                                                                 
                                                                                                                                
9:49:21 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  questioned the  deletion of "knowingly"  on                                                                   
Page 1, line 6.                                                                                                                 
                                                                                                                                
GEORGE ASCOTT,  STAFF, SENATOR  WIELECHOWSKI, explained  that                                                                   
the word was  deleted on the advice of drafter,  Jerry Lukup,                                                                   
Legislative Affairs legal.                                                                                                      
                                                                                                                                
9:50:26 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  asked  what  restrictions  are  placed  on                                                                   
access to computers for sex offenders.                                                                                          
                                                                                                                                
Senator Wielechowski remarked  that this bill does not impact                                                                   
the  use of  computers  by  sex  offenders; the  bill  simply                                                                   
requires them to register their email addresses.                                                                                
                                                                                                                                
9:50:42 AM                                                                                                                    
                                                                                                                                
Senator Thomas requested an explanation  on Page 3, lines 22-                                                                   
31,  on how  someone could  substantiate if  their child  was                                                                   
having an internet conversation with a sex offender.                                                                            
                                                                                                                                
9:51:37 AM                                                                                                                    
                                                                                                                                
Senator Wielechowski  revealed that the original  plan was to                                                                   
generate a  public list of  sex offenders but  the Department                                                                   
of  Public  Safety  realized   this  could  be  used  by  sex                                                                   
offenders to network  with one another to  share pornography.                                                                   
He  explained there  would be  a  system in  place, within  a                                                                   
federal  office,  where  parents  could  type  in  the  email                                                                   
address or identifier  of an individual and find  out if that                                                                   
person is a registered sex offender.                                                                                            
                                                                                                                                
9:52:15 AM                                                                                                                    
                                                                                                                                
Senator  Elton  questioned  why   the  registration  fee  was                                                                   
assessed to the state and not the sex offender.                                                                                 
                                                                                                                                
9:53:33 AM                                                                                                                    
                                                                                                                                
KATHY MONFREDA, CHIEF OF CRIMINAL  RECORDS AND IDENTIFICATION                                                                   
BUREAU,   DEPARTMENT   OF  PUBLIC   SAFETY,   testified   via                                                                   
teleconference in support of the  bill. She remarked that the                                                                   
issue of  having sex offenders  pay for the registration  had                                                                   
occurred in  the past but the  purpose of the bill  is to get                                                                   
the sex offender to register and  many offenders are indigent                                                                   
and may not be able to pay.                                                                                                     
                                                                                                                                
9:54:48 AM                                                                                                                    
                                                                                                                                
KAREN  FOSTER,  SURVIVING PARENTS  COALITION,  testified  via                                                                   
teleconference,  and  supported  the bill.  Ms.  Foster,  the                                                                   
mother of Bonnie  Craig who was murdered in  1994, shared the                                                                   
statistics  of child  pornography and  sexual predators.  She                                                                   
believed the  bill would give  law enforcement  an incredible                                                                   
tool to see  if a registered sex offender is  doing something                                                                   
illegal on the  computer. Ms. Foster stressed  that this bill                                                                   
will  provide detailed  information  and  evidence that  will                                                                   
help prosecute the offenders and  provide more time to rescue                                                                   
victims.                                                                                                                        
                                                                                                                                
9:59:01 AM                                                                                                                    
                                                                                                                                
PEYTON  MERIDETH,  DETECTIVE,   FAIRBANKS  POLICE  DEPARTMENT                                                                   
testified via  teleconference, supported SB 185  on behalf of                                                                   
the  Fairbanks Police  Department  and Chief  of Police,  Dan                                                                   
Hoffman.  Mr.   Peyton  reported  that  he   was  the  Agency                                                                   
Representative for Fairbanks Police  Department on the Alaska                                                                   
Internet  Crimes Against  Children  Task  Force. He  remarked                                                                   
that  one of  his jobs  is to  investigate child  pornography                                                                   
cases  in conjunction  with the  Anchorage Police  Department                                                                   
and  other statewide  task  force members.  He  felt that  it                                                                   
would greatly  aid law  enforcement if  sex offenders  had to                                                                   
register their  email or other  internet identifiers  so that                                                                   
when the  police department  was researching proactive  cases                                                                   
against children, the offenders  could be identified earlier.                                                                   
                                                                                                                                
10:01:51 AM                                                                                                                   
                                                                                                                                
Senator Thomas questioned the  number of registered child sex                                                                   
offenders or  child kidnappers in Alaska.  Detective Meredith                                                                   
responded  he  did  not know  but  suggested  contacting  the                                                                   
Department of Public Safety. Ms.  Monfreda replied that there                                                                   
are 4200 registered sex offenders in Alaska.                                                                                    
                                                                                                                                
10:03:04 AM                                                                                                                   
                                                                                                                                
RON   TIDLER,   DETECTIVE,   ANCHORAGE   POLICE   DEPARTMENT,                                                                   
testified  via teleconference,  and  supported  this bill  on                                                                   
behalf  of the  Anchorage Police  Department  and the  Alaska                                                                   
Internet Crimes Against Children Task Force.                                                                                    
                                                                                                                                
10:03:41 AM                                                                                                                   
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU, CRIMINAL  DIVISION, DEPARTMENT OF  LAW, spoke                                                                   
to the  drafting of this  law. She explained  that it  is not                                                                   
necessary to put  "knowingly" into the bill; it  will be read                                                                   
that way by the judge.                                                                                                          
                                                                                                                                
10:04:34 AM                                                                                                                   
                                                                                                                                
Senator Olson questioned if this  bill would apply to any one                                                                   
who may be downloading sexual material.                                                                                         
                                                                                                                                
Senator Wielechowski  replied that  the bill only  applies to                                                                   
convicted sex offenders.                                                                                                        
                                                                                                                                
Co-Chair Stedman  referenced an earlier presentation  on this                                                                   
issue and  noted the  ability of the  law enforcement  arm to                                                                   
monitor  downloading  and  uploading of  sexual  material  by                                                                   
offenders.  He   reported  that   law  enforcement   has  the                                                                   
capability  of pinpointing neighborhoods  where the  computer                                                                   
resides.  He stressed  that the  scope and  magnitude of  sex                                                                   
offenders on the internet in Alaska is alarming.                                                                                
                                                                                                                                
10:06:49 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman  MOVED  to  REPORT  SB  185  (STA)  out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  notes. There being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
SB 185 (STA) was  REPORTED out of Committee with  a "do pass"                                                                   
recommendation  and accompanying new  zero fiscal  notes from                                                                   
the  Department   of  Corrections   and  the  Department   of                                                                   
Administration  and previously  published  fiscal notes  from                                                                   
the Department of Administration,  Department of Law, and the                                                                   
Department of Public Safety.                                                                                                    
                                                                                                                                
10:07:56 AM                                                                                                                   
                                                                                                                                

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