Legislature(2005 - 2006)BUTROVICH 205
03/16/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB306 | |
| HB410 | |
| HB326 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 410 | TELECONFERENCED | |
| + | HB 326 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 306 | ||
HB 326-USE OF LEWD MATERIAL AS HARASSMENT
9:40:02 AM
CHAIR RALPH SEEKINS announced HB 326 to be up for consideration.
SENATOR GRETCHEN GUESS joined the committee.
REPRESENTATIVE KEVIN MEYER introduced HB 326. The bill would add
the posting, publishing or distribution of lewd and obscene
pictures into the current definition of harassment. The
definition in current statute is limited to obscene electronic
communication. The conduct prohibited by HB 326 is limited to
lewd and obscene because of the fine line between freedom of
expression and an individual's right to be free from harassment.
The current harassment definition has been challenged and has
held up and so it appears it is a solid statute.
9:43:02 AM
SENATOR GENE THERRIAULT asked the reason for no immediate
effective date.
REPRESENTATIVE MEYER said there was no reason.
MIKE PAWLOWSKI, staff to Representative Meyer, said it had not
been previously brought up and that the sponsor had no objection
over an immediate effective date.
SENATOR THERRIAULT asked whether that would trigger a title
change.
HEATHER BRAKES, staff to Senator Therriault, said she questioned
the drafters about that and they indicated adding an immediate
effective date would not trigger a title change resolution since
it would be a technical change.
9:45:20 AM
SENATOR THERRIAULT moved Amendment 1. Add an immediate effective
date.
ANNIE CARPENETI, Assistant Attorney General, Department of Law
(DOL), said the DOL had no objection to the bill.
Hearing no objections, Amendment 1 was adopted.
SENATOR THERRIAULT asked Ms. Carpeneti whether the committee
needed to add a statement saying the effective date would be
applicable to crimes that were committed after.
MS. CARPENETI said criminal statutes do apply perspectively so
it would probably not be necessary.
CHAIR SEEKINS asked the definition of "sexual act."
MS. CARPENETI responded it was defined in AS 11.41.470 (6) as
"sexual contact or sexual penetration."
9:47:31 AM
SENATOR FRENCH said this kind of harassment is seen often in
domestic violence. He asked Representative Meyer for
clarification of whom the bill would be targeting.
REPRESENTATIVE MEYER said the intent was to cover the person who
was being harassed. Sending emails is already covered in
statute. It is intended to cover incidences of people producing
lewd pictures of somebody that they wish to annoy.
9:50:06 AM
CHAIR SEEKINS noted he read AS 11.61.120(a)(4) as vague.
SENATOR FRENCH clarified that the intent would have to be to
annoy or harass the person.
CHAIR SEEKINS said it wouldn't necessarily be connected to any
threat of physical injury or sexual contact.
SENATOR FRENCH said even an anonymous phone call could be
harassment if the intent is to harass.
9:53:45 AM
CHAIR SEEKINS asked Ms. Carpeneti whether the DOL supported the
bill.
MS. CARPENETI responded in affirmation.
CHAIR SEEKINS closed public testimony.
SENATOR CHARLIE HUGGINS moved SCS CSHB 326(JUD) from committee
with individual recommendations and attached fiscal notes.
Hearing no objections, the motion carried.
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