Legislature(2005 - 2006)BUTROVICH 205
04/14/2005 08:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB140 | |
| Confirmation Hearing: Attorney General: Mr. David Marquez | |
| SB135 | |
| SB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 135 | TELECONFERENCED | |
| += | SB 132 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 140 | ||
SB 135-ASSAULT & CUSTODIAL INTERFERENCE
9:00:55 AM
MR. JASON HOOLEY, staff to Senator Dyson introduced SB 135,
which focuses on assault and custodial interference. SB 135
amends AS 11.41.220(C)(i) to read, "would cause a reasonable
caregiver to seek medical attention from a health care
professional in the form of diagnosis, treatment, or care." SB
135 also limits the defense of necessity for non-custodial
parents who kidnap their children. The limit would be set at 24
hours or the time it takes to contact the authorities.
9:04:13 AM
MR. DEAN GUANELI, chief assistant attorney general, Department
of Law (DOL), said in many parent/child relationships there are
custodial disputes where the court has to intercede. One parent
is often unhappy with the result.
9:07:13 AM
MR. GUANELI stated what SB 135 does is mandate the non-custodial
parent to report suspected harm to the proper authorities as
opposed to forcibly taking the child from the custodial parent.
9:10:00 AM
SENATOR GRETCHEN GUESS asked the consequences of a non-custodial
parent who does not comply with Section 2, subsection (c).
MR. GUANELI responded it cuts off the defense of necessity for
the parent who takes their child out of state. It does not allow
the argument that they kidnapped the child for his or her own
safety.
SENATOR GUESS asked how people would be alerted to the change in
the law.
MR. GUANELI answered the DOL presumes that people understand the
law.
SENATOR HOLLIS FRENCH asked Mr. Guaneli the consequences where
there is no custodial court order.
9:13:31 AM
MR. GUANELI responded in the case of no custody order where the
parent takes the child out of state, the other parent normally
obtains a temporary custody order. Because the custodial order
is a continuing offense, the parent could be charged at that
point.
9:14:29 AM
SENATOR FRENCH asked the notice requirements to an absent parent
with respect to obtaining a temporary custody order.
MR. GUANELI said the orders could be obtained without the parent
being present.
SENATOR FRENCH asked whether they were similar to domestic
violence restraining orders.
MR. GUANELI advised the parent would not be charged with a crime
unless they had been notified. The temporary custody order is
valid in terms of getting the child back but the parent could
not be charged with a crime unless they ignored a notice from
the court.
9:16:30 AM
SENATOR GUESS asked whether SB 135 would extend to other family
members.
MR. GUANELI said the custodial interference statutes are
designed to treat what would otherwise be a kidnapping. It is
treated as a less serious offense if done by a relative.
9:18:13 AM
SENATOR FRENCH asked Mr. Guaneli to describe the court of
appeals decision that brought about Section 1 of SB 135.
MR. GUANELI explained a series of assaults against children many
years ago spurned the Legislature to raise the charge of
assaults against children under 10 to felony assault. SB 135 is
designed to protect children. There is a problem in Alaska with
assaults to children such as shaken baby syndrome. A person
cannot be charged under AS 11.41.220 for shaking a baby if the
medical diagnosis did not require medical treatment. He gave an
example of a recent case.
9:21:57 AM
MR. GUANELI continued, AS 11.41.220 does not adequately reflect
the Legislature's intent. Broader terms are necessary to
establish the felony-level offense.
9:22:46 AM
SENATOR FRENCH asked Mr. Guaneli whether someone would have to
seek medical care for the event to qualify as a felony.
MR. GUANELI said no. Injuries may arise in a circumstance where
the parent doesn't seek medical attention and someone else
discovers the injuries at a later time. There would be medical
attention and expert testimony of the injuries sustained at some
point.
CHAIR RALPH SEEKINS clarified SB 135 would not require the
caregiver to immediately seek medical attention.
MR. GUANELI answered correct.
SENATOR FRENCH expressed concern that SB 135 didn't completely
cover all the circumstances that could arise with child abuse.
9:26:04 AM
MR. GUANELI said a more culpable offender who doesn't allow a
mother to take her child for treatment should still fall under
AS 11.41.220.
9:27:22 AM
SENATOR FRENCH asked the reason the individual who coerces a
caregiver against taking the child for medical treatment
shouldn't be charged under Section 1(C)(ii)
MR. GUANELI responded it might have been just a single assault.
9:29:25 AM
SENATOR FRENCH asked the reason for adding the words, "or care"
on Page 1, line 15.
MR. GUANELI answered the language was intentionally broad for
situations where a doctor, hospital or health aide may put a
child under observation for 12 hours. There may be no formal
diagnostic testing but care would be provided. Given the wide
variety of healthcare in Alaska, it seems appropriate to have
some latitude.
9:31:31 AM
SENATOR FRENCH expressed "care" could be misconstrued to mean
administering ice or taking a temperature. SB 135 could lead
into a felony charge for very minor injuries.
SENATOR GENE THERRIAULT asked whether 24 hours of observation
would be defined as diagnosis.
MR. GUANELI admitted that was possible. He said if the observed
injuries are such that a reasonable person would feel the child
should receive medical attention that would be enough for the
DOL to start an investigation.
9:36:26 AM
SENATOR THERRIAULT sided with Senator French's concern of the
word "care."
9:38:48 AM
SENATOR FRENCH moved Amendment 1. Page 1, line 15, after
"diagnosis" add the word "or." Hearing no objections, the motion
carried.
9:40:16 AM
SENATOR GUESS moved CSSB 135(JUD) from committee with individual
recommendations and attached fiscal note(s). There being no
objection, the motion carried.
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