Legislature(2011 - 2012)BELTZ 105 (TSBldg)

03/28/2011 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 98 BIOMETRIC INFORMATION FOR ID TELECONFERENCED
Heard & Held
+ SB 15 SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB  15-SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE                                                                      
                                                                                                                                
2:17:12 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 15.                                                                              
                                                                                                                                
2:17:32 PM                                                                                                                    
SENATOR  KEVIN MEYER,  sponsor of  SB  15, said  this bill  would                                                               
provide  an  enhanced penalty  for  convicted  sex offenders  and                                                               
child kidnappers  who furnish alcohol  to minors in  exchange for                                                               
sexual  favors.  He  said  that Ms.  Carpeneti  is  available  to                                                               
discuss  the  bill  and  how  it's  drafted.  He  added  that  he                                                               
understands that  the bill  needs to be  amended to  include only                                                               
the folks who are currently on the sex offender registry.                                                                       
                                                                                                                                
2:19:47 PM                                                                                                                    
CHAIR FRENCH asked him to  remind the committee what the statutes                                                               
listed on page 1, lines 5-6, refer to.                                                                                          
                                                                                                                                
2:20:04 PM                                                                                                                    
CHRISTINE, MARASIGAN,  staff to Senator Meyer,  said AS 04.16.051                                                               
relates  to  furnishing  or  delivering  alcoholic  beverages  to                                                               
persons under  age 21;  AS 04.16.055 relates  to room  rental for                                                               
the  purpose   of  consuming  of  alcoholic   beverages;  and  AS                                                               
04.16.057  relates to  permitting  a minor  to illegally  possess                                                               
liquor in a dwelling.                                                                                                           
                                                                                                                                
Oftentimes alcohol  is used as  a grooming tool for  minors. This                                                               
is witnessed by  an Anchorage report that talks  about the number                                                               
of sexual  assaults to women under  age 19 half of  which involve                                                               
alcohol. SB 15 addresses this issue.                                                                                            
                                                                                                                                
CHAIR FRENCH said he agrees with the concept of the bill.                                                                       
                                                                                                                                
2:23:07 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law  (DOL) said she noticed that  the definition of                                                               
sex offender or child kidnapper  cross references a definition in                                                               
AS 12.63.100.  It defines  sex offender or  child kidnapper  as a                                                               
person  who  has   been  convicted  in  this   state  or  another                                                               
jurisdiction of a  sex offense or child kidnapping  offense on or                                                               
before  1999.  This means  that  a  person  may come  under  this                                                               
provision after they are no longer required to register.                                                                        
                                                                                                                                
She suggested amending  the language to apply just  to people who                                                               
are currently required to register,  not people who are no longer                                                               
required under the law to register.                                                                                             
                                                                                                                                
CHAIR  FRENCH  summarized  that  on   page  1,  lines  9-10,  the                                                               
suggested language  is "that was  committed by a  person required                                                               
to  register  as a  sex  offender  or  child kidnapper  under  AS                                                               
12.63."                                                                                                                         
                                                                                                                                
MS. CARPENETI agreed.                                                                                                           
                                                                                                                                
CHAIR  FRENCH said  he'd bring  that conceptual  amendment before                                                               
the committee at a future hearing.                                                                                              
                                                                                                                                
SENATOR  PASKVAN  said  that  he   tends  to  agree  because  the                                                               
definition of  "sex offender" can  generally include  things like                                                               
indecent exposure under AS 11.41.460.                                                                                           
                                                                                                                                
MS.  CARPENETI said  that  may come  under this  bill  if it's  a                                                               
registerable offense.  A second conviction of  indecent exposure,                                                               
for example, is a registerable offense.                                                                                         
                                                                                                                                
CHAIR  FRENCH recapped  that  Ms. Carpeneti  pointed  out that  a                                                               
second  conviction  for  indecent   exposure  is  a  registerable                                                               
offense and that  would put a person under the  structure of this                                                               
bill should he/she in the future serve alcohol to a minor.                                                                      
                                                                                                                                
MS. CARPENETI corrected the record.  Under AS 12.63 a sex offense                                                               
is included as a registerable  offense if the person is convicted                                                               
of indecent  exposure and the  exposure is before a  person under                                                               
age 16 and it's a second offense.                                                                                               
                                                                                                                                
2:26:19 PM                                                                                                                    
SENATOR PASKVAN  referenced AS 11.41.460, indecent  exposure, and                                                               
asked if the  additional requirement is that the  exposure has to                                                               
be before a person under the age 16.                                                                                            
                                                                                                                                
MS. CARPENETI said  yes and it has to be  a second conviction for                                                               
that offense.                                                                                                                   
                                                                                                                                
SENATOR PASKVAN referenced AS 11.61.118,  harassment in the first                                                               
degree and asked about harmful offensive contact.                                                                               
                                                                                                                                
CHAIR FRENCH asked if that's a registerable offence.                                                                            
                                                                                                                                
MS.  CARPENETI said  yes  if  it's a  second  conviction for  the                                                               
offense. It's  offensive touching  where the victim  doesn't have                                                               
time to say "no." Sometimes this happens in a bar.                                                                              
                                                                                                                                
SENATOR PASKVAN  said he understands  that the  proposed language                                                               
would put the requirement to register with the sex offender.                                                                    
                                                                                                                                
MS.  CARPENETI said  yes; as  currently drafted  she reads  it to                                                               
mean that  a sex  offender who  has come  off the  registry would                                                               
again  have to  register because  they had  been convicted  of an                                                               
offense that  is defined as  registerable. This would  matter for                                                               
people  who  are  required  to  register for  15  years,  but  it                                                               
wouldn't matter for those who are required to register for life.                                                                
                                                                                                                                
CHAIR FRENCH  asked if  this is  a separate  statutory punishment                                                               
for  the  crime  of  serving  alcohol  to  a  minor  and  not  an                                                               
aggravator to the sex offense.                                                                                                  
                                                                                                                                
MS.  CARPENETI  confirmed  that it's  an  increased  penalty  for                                                               
committing certain offenses  while you have to register  as a sex                                                               
offender. It's not an aggravating factor to the sex offense.                                                                    
                                                                                                                                
CHAIR FRENCH  asked for confirmation  that this  statute wouldn't                                                               
capture a  first time offender  who furnishes alcohol to  a minor                                                               
and has sex with her.                                                                                                           
                                                                                                                                
MS. CARPENETI agreed;  at that point you wouldn't  be a convicted                                                               
sex offender and you wouldn't be required to register.                                                                          
                                                                                                                                
2:29:45 PM                                                                                                                    
SENATOR  COGHILL asked  if this  could create  a double  jeopardy                                                               
issue.                                                                                                                          
                                                                                                                                
MS. CARPENETI  replied she  doesn't believe  so because  it would                                                               
just be  an aggravated penalty  because of circumstances  in your                                                               
past. This is common in criminal law.                                                                                           
                                                                                                                                
CHAIR FRENCH  said a felon in  possession of a firearm  is a good                                                               
example of more severe consequences  based on past behavior. Most                                                               
people are  allowed to  carry guns, but  it's always  against the                                                               
law to serve alcohol to a  minor. This bill increases the penalty                                                               
for people who have a sex crime history.                                                                                        
                                                                                                                                
SENATOR  COGHILL said  he agrees  with the  intent, but  he wants                                                               
assurance that it won't get thrown out.                                                                                         
                                                                                                                                
CHAIR FRENCH observed  that enticing teenagers with  alcohol is a                                                               
predictable feature  of sex offender behavior.  Senator Meyer has                                                               
a good idea to curtail that activity.                                                                                           
                                                                                                                                
2:32:31 PM                                                                                                                    
CHAIR FRENCH closed public testimony  and announced that he would                                                               
hold SB 15  in committee awaiting the amendment  suggested by Ms.                                                               
Carpeneti.                                                                                                                      

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