Legislature(2005 - 2006)BUTROVICH 205
03/24/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR12 | |
| SB118 | |
| SJR12 | |
| SB119 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 12 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 118 | ||
| = | SB 119 | ||
SB 119-BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS
9:16:57 AM
CHAIR SEEKINS announced SB 119 to be up for consideration.
SENATOR FRENCH moved to adopt Amendment 1.
24-LS0578\G.1
Luckhaupt
11/3/05
A M E N D M E N T
OFFERED IN THE SENATE BY SENATOR FRENCH
TO: SB 119
Page 1, line 6, following "person":
Insert ", being 18 years of age or older,"
Page 1, line 7:
Delete "(1)"
CHAIR SEEKINS objected for the purpose of an explanation.
SENATOR FRENCH answered it was in response to a recommendation
by the Department of Law, that being the crime should be focused
on adults.
9:18:39 AM
MS. ANNE CARPENETI, criminal division Department of Law (DOL),
affirmed she had no objections to Amendment 1.
SENATOR THERRIAULT pointed out SB 119 and SB 118 are similar in
nature and asked if the committee should consider mirroring the
language by adding the word "knowingly" on Page 1, line 6 after
the word "person". The bills should use the same terminology.
SENATOR FRENCH agreed.
SENATOR GUESS asked Ms. Carpeneti if SB 119 addresses a 17 year
old who is distributing electronic pornography.
MS. CARPENETI advised SB 119 does not address anyone under the
age of 18.
9:21:26 AM
SENATOR THERRIAULT commented at a certain age one would expect
the average person to be able to distinguish between right and
wrong.
SENATOR FRENCH said the purpose of SB 118 is to keep middle aged
predators away from impressionable young children.
9:23:52 AM
CHAIR SEEKINS removed his objections. Hearing no further
objections, Amendment 1 was adopted.
9:24:45 AM
SENATOR FRENCH moved Amendment 2.
24-LS0578\G.2
Luckhaupt
11/3/05
A M E N D M E N T
OFFERED IN THE SENATE BY SENATOR FRENCH
TO: SB 119
Page 1, lines 7 - 8:
Delete "or other device capable of electronic
communication"
CHAIR SEEKINS objected for the purpose of discussion.
SENATOR FRENCH explained the amendment addressed the previous
committee concerns regarding prosecuting mainline transmitters
of pornography (HBO, MSN, Yahoo).
9:26:02 AM
CHAIR SEEKINS removed his objection and hearing no further
objection, Amendment 2 was adopted.
SENATOR THERRIAULT moved Amendment 3.
Page 1, line 7; after the (1) insert the word "knowingly".
Hearing no objection, the committee adopted Amendment 3.
9:27:00 AM
SENATOR GUESS mentioned SB 118 might allow for someone to claim
they didn't believe the recipient was less than 16 years of age.
CHAIR SEEKINS commented using the word "knowingly" would cover
it.
SENATOR GUESS countered a person could dispute the charge
because of unclear language. She proposed Amendment 4. Amend SB
119 to be in conjunction with SB 118.
CHAIR SEEKINS objected for the purpose of discussion.
SENATOR FRENCH admitted SB 118 was better drafted than SB 119.
9:29:48 AM
CHAIR SEEKINS clarified they could use the language from SB 118,
Page 1, lines 7-10 and insert that same language into SB 119,
Page 1, line 7.
SENATOR FRENCH agreed and read the proposed verbiage on Page 1,
line 7:
knowingly distributes by computer any material that
depicts an act described in AS 11.41.455 (a)(1)-(7)
and
(1) the other person is a child under 16 years
of age; or
(2) the person believes that the other person is
a child under 16 years of age.
9:32:05 AM
CHAIR SEEKINS recognized no further discussion and Amendment 4
was adopted. He asked Ms. Carpeneti if SB 119 meets with DOL
approval.
MS. CARPENETI responded the DOL supports SB 119.
9:32:51 AM
SENATOR GUESS moved CSSB 119(JUD) from committee with individual
recommendations and attached fiscal notes. There being no
objection, the motion carried.
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