Legislature(2011 - 2012)BELTZ 105 (TSBldg)

03/21/2012 01:30 PM JUDICIARY


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01:30:02 PM Start
01:30:22 PM Confirmation Hearing(s): || Parole Board
01:37:00 PM Violent Crimes Compensation Board
01:41:47 PM Police Standards Council
01:51:42 PM Commission on Judicial Conduct
02:00:35 PM HB80
02:03:47 PM SB7
02:05:47 PM SB110
02:39:08 PM SB151
02:43:15 PM SB198
03:15:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Board Confirmations TELECONFERENCED
Police Standards Council:
Brad Reich, Kiana; Gustaf Sandahl, Kenai; Sheldon
Schmitt, Sitka; Jamie Sunderland, Unalaska;
Ronald Taylor, Anchorage
Commission on Judicial Conduct:
Robert Sheldon, Anchorage
State Board of Parole:
Michael Stark, Juneau
Violent Crimes Compensation Board:
Dr. Regina Chennault, Anchorage
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 6 REMOVING A REGENT
Scheduled But Not Heard
= SB 200 EYEWITNESSES AND LINEUPS
Scheduled But Not Heard
= HB 80 SELF DEFENSE
Moved HB 80 Out of Committee
= SB 110 HUMAN TRAFFICKING/SEX OFFENSES
Moved CSSB 110(JUD) Out of Committee
= SB 151 FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR
Moved CSSB 151(JUD) Out of Committee
= SB 210 CRIMES AGAINST CHILDREN
Scheduled But Not Heard
= SB 198 POLICE OFFICER PROTECTIONS/CERTIFICATION
Heard & Held
= SB 7 FELONS' RIGHT TO VOTE OR BE JURORS
Moved SB 7 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 21, 2012                                                                                         
                           1:30 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                              
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
BOARD AND COMMISSION CONFIRMATIONS                                                                                              
                                                                                                                                
     Parole Board                                                                                                             
          Michael Stark, Juneau, AK                                                                                             
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
     Violent Crimes Compensation Board                                                                                        
          Dr. Regina Chennault, Anchorage, AK                                                                                   
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
     Police Standards Council                                                                                                 
          Gustaf Sandahl, Kenai, AK                                                                                             
          Sheldon Schmitt, Sitka, AK                                                                                            
          Ronald Taylor, Anchorage, AK (                                                                                        
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 80                                                                                                               
"An Act relating to self defense in any place where a person has                                                                
a right to be."                                                                                                                 
                                                                                                                                
     - MOVED HB  80 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 7                                                                                                               
"An Act relating to the civil rights of felons."                                                                                
                                                                                                                                
     - MOVED SB 7 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 110                                                                                                             
"An  Act   relating  to  human   trafficking;  and   relating  to                                                               
sentencing  and   conditions  of  probation  in   criminal  cases                                                               
involving sex offenses."                                                                                                        
                                                                                                                                
     - MOVED CSSB 110(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 151                                                                                                             
"An Act relating  to mitigation at sentencing in  a criminal case                                                               
for a  defendant found by  the court to  have been affected  by a                                                               
fetal alcohol spectrum disorder."                                                                                               
                                                                                                                                
     - MOVED CSSB 151(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 198                                                                                                             
"An   Act   establishing   procedures   relating   to   issuance,                                                               
suspension, or revocation of certification  of police officers by                                                               
the  police  standards  council;  making  certain  court  service                                                               
officers  subject  to  certification   by  the  police  standards                                                               
council; making confidential  certain information that personally                                                               
identifies a police officer; relating  to requesting or requiring                                                               
police  officers to  submit to  lie detector  tests; repealing  a                                                               
provision exempting  certain police  officers from  a prohibition                                                               
against  requiring certain  employees to  submit to  lie detector                                                               
tests; and providing for an effective date."                                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 6(JUD) am                                                                                                 
"An Act  authorizing the governor  to remove or suspend  a member                                                               
of the  Board of  Regents of  the University  of Alaska  for good                                                               
cause;  and   establishing  a  procedure   for  the   removal  or                                                               
suspension of a regent."                                                                                                        
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE BILL NO. 200                                                                                                             
"An   Act  establishing   certain  procedures   related  to   the                                                               
identification   of   suspects   by  eyewitnesses   to   criminal                                                               
offenses."                                                                                                                      
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE BILL NO. 210                                                                                                             
"An Act relating  to crimes against children;  establishing a new                                                               
aggravating  factor  at  sentencing  in  certain  crimes  against                                                               
children; relating to criminal nonsupport;  adding to the list of                                                               
crimes against children that bar  the Department of Public Safety                                                               
from issuing to a person a  license to drive a school bus; adding                                                               
an  exception to  a  provision that  requires  the Department  of                                                               
Health and Social Services to  make timely, reasonable efforts to                                                               
provide family support services  to prevent out-of-home placement                                                               
of a child; and providing for an effective date."                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  80                                                                                                                  
SHORT TITLE: SELF DEFENSE                                                                                                       
SPONSOR(s): REPRESENTATIVE(s) NEUMAN, FEIGE, LYNN, COSTELLO                                                                     
                                                                                                                                
01/18/11       (H)       PREFILE RELEASED 1/14/11                                                                               
01/18/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/11       (H)       JUD, FIN                                                                                               
02/09/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/09/11       (H)       Heard & Held                                                                                           
02/09/11       (H)       MINUTE(JUD)                                                                                            
02/11/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/11/11       (H)       Moved Out of Committee                                                                                 
02/11/11       (H)       MINUTE(JUD)                                                                                            
02/14/11       (H)       JUD RPT 4DP 1DNP 1NR                                                                                   
02/14/11       (H)       DP: KELLER, THOMPSON, LYNN, GATTO                                                                      
02/14/11       (H)       DNP: HOLMES                                                                                            
02/14/11       (H)       NR: GRUENBERG                                                                                          
03/08/11       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                       
03/08/11       (H)       Heard & Held                                                                                           
03/08/11       (H)       MINUTE(FIN)                                                                                            
03/30/11       (H)       FIN AT 5:00 PM HOUSE FINANCE 519                                                                       
03/30/11       (H)       -- MEETING CANCELED --                                                                                 
04/04/11       (H)       FIN AT 6:00 PM HOUSE FINANCE 519                                                                       
04/04/11       (H)       Moved Out of Committee                                                                                 
04/04/11       (H)       MINUTE(FIN)                                                                                            
04/05/11       (H)       FIN RPT 5DP 3NR                                                                                        
04/05/11       (H)       DP: FAIRCLOUGH, T.WILSON, COSTELLO,                                                                    
                        STOLTZE, THOMAS                                                                                         
04/05/11       (H)       NR: GUTTENBERG, JOULE, DOOGAN                                                                          
04/09/11       (H)       TRANSMITTED TO (S)                                                                                     
04/09/11       (H)       VERSION: HB 80                                                                                         
04/11/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/11       (S)       JUD, FIN                                                                                               
03/07/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/07/12       (S)       Heard & Held                                                                                           
03/07/12       (S)       MINUTE(JUD)                                                                                            
03/16/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/16/12       (S)       Heard & Held                                                                                           
03/16/12       (S)       MINUTE(JUD)                                                                                            
03/21/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB   7                                                                                                                  
SHORT TITLE: FELONS' RIGHT TO VOTE OR BE JURORS                                                                                 
SPONSOR(s): SENATOR(s) DAVIS                                                                                                    
                                                                                                                                
01/19/11       (S)       PREFILE RELEASED 1/7/11                                                                                
01/19/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/11       (S)       STA, JUD                                                                                               
02/03/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/03/11       (S)       Heard & Held                                                                                           
02/03/11       (S)       MINUTE(STA)                                                                                            
03/08/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/08/11       (S)       Moved SB   7 Out of Committee                                                                          
03/08/11       (S)       MINUTE(STA)                                                                                            
03/09/11       (S)       STA RPT  1DNP 4NR                                                                                      
03/09/11       (S)       DNP: GIESSEL                                                                                           
03/09/11       (S)       NR: WIELECHOWSKI, KOOKESH, PASKVAN,                                                                    
                         MEYER                                                                                                  
03/09/11       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/10/11       (S)       STA AT 9:30 AM BUTROVICH 205                                                                           
03/10/11       (S)       <Moved Out 3/8/11>                                                                                     
03/10/11       (S)       MINUTE(STA)                                                                                            
03/21/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/21/11       (S)       Heard & Held                                                                                           
03/21/11       (S)       MINUTE(JUD)                                                                                            
03/21/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 110                                                                                                                  
SHORT TITLE: HUMAN TRAFFICKING/SEX OFFENSES                                                                                     
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
03/21/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/11       (S)       JUD, FIN                                                                                               
03/30/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/30/11       (S)       Heard & Held                                                                                           
03/30/11       (S)       MINUTE(JUD)                                                                                            
02/17/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/17/12       (S)       Heard & Held                                                                                           
02/17/12       (S)       MINUTE(JUD)                                                                                            
03/16/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/16/12       (S)       Scheduled But Not Heard                                                                                
03/21/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 151                                                                                                                  
SHORT TITLE: FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR                                                                          
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
01/17/12       (S)       PREFILE RELEASED 1/13/12                                                                               
01/17/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/17/12       (S)       HSS, JUD                                                                                               
03/05/12       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/05/12       (S)       Moved CSSB 151(HSS) Out of Committee                                                                   
03/05/12       (S)       MINUTE(HSS)                                                                                            
03/06/12       (S)       HSS RPT CS  4DP      NEW TITLE                                                                         
03/06/12       (S)       DP: DAVIS, DYSON, MEYER, EGAN                                                                          
03/12/12       (S)       JUD AT 12:30 AM BELTZ 105 (TSBldg)                                                                     
03/12/12       (S)       Heard & Held                                                                                           
03/12/12       (S)       MINUTE(JUD)                                                                                            
03/21/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 198                                                                                                                  
SHORT TITLE: POLICE OFFICER PROTECTIONS/CERTIFICATION                                                                           
SPONSOR(s): STATE AFFAIRS                                                                                                       
                                                                                                                                
02/17/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/12       (S)       STA, JUD                                                                                               
03/01/12       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/01/12       (S)       Heard & Held                                                                                           
03/01/12       (S)       MINUTE(STA)                                                                                            
03/06/12       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/06/12       (S)       Moved CSSB 198(STA) Out of Committee                                                                   
03/06/12       (S)       MINUTE(STA)                                                                                            
03/07/12       (S)       STA RPT CS  1DP 2NR 1AM     NEW TITLE                                                                  
03/07/12       (S)       DP: WIELECHOWSKI                                                                                       
03/07/12       (S)       NR: MEYER, GIESSEL                                                                                     
03/07/12       (S)       AM: PASKVAN                                                                                            
03/19/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/19/12       (S)       Heard & Held                                                                                           
03/19/12       (S)       MINUTE(JUD)                                                                                            
03/21/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHAEL STARK, Appointee                                                                                                        
State Board of Parole                                                                                                           
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified as appointee to the State Board of                                                              
Parole.                                                                                                                         
                                                                                                                                
DOCTOR REGINA CHENNAULT, Appointee                                                                                              
Violent Crimes Compensation Board                                                                                               
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified as appointee to the Violent Crimes                                                              
Compensation Board.                                                                                                             
                                                                                                                                
RONALD TAYLOR, Appointee                                                                                                        
Alaska Police Standards Council                                                                                                 
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified as appointee to the Alaska Police                                                               
Standards Council.                                                                                                              
                                                                                                                                
SHELDON SCHMITT, Appointee                                                                                                      
Alaska Police Standards Council                                                                                                 
Sitka, AK                                                                                                                       
POSITION STATEMENT: Testified as appointee to the Alaska Police                                                               
Standards Council.                                                                                                              
                                                                                                                                
ROBERT SHELDON, Appointee                                                                                                       
Commission on Judicial Conduct                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified as appointee to the Commission on                                                               
Judicial Conduct.                                                                                                               
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, AK                                                                                                                      
POSITION STATEMENT: Answered questions on HB 80 and delivered a                                                               
sectional analysis on SB 110.                                                                                                   
                                                                                                                                
KENDRA KLOSTER                                                                                                                  
Staff to Senator Bill Wielechowski                                                                                              
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Delivered a sectional analysis on SB 110.                                                                 
                                                                                                                                
CHRISTINE MARASIGAN                                                                                                             
Staff to Senator Kevin Meyer                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained the changes in the CS for SB 151,                                                               
version U.                                                                                                                      
                                                                                                                                
DAVE SEXTON, Executive Director                                                                                                 
Alaska Police Standards Council (APSC)                                                                                          
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in opposition to SB 198.                                                                        
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Raised two concerns with SB 198.                                                                          
                                                                                                                                
JAKE METCALFE, Executive Director                                                                                               
Public Safety Employees Association (PSEA), Local 803                                                                           
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SB 198.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:30:02 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:30  p.m. Present at the  call to                                                               
order  were Senators  Paskvan,  Wielechowski,  and Chair  French.                                                               
Senator Coghill arrived soon thereafter.                                                                                        
                                                                                                                                
                   ^CONFIRMATION HEARING(S):                                                                                
                         ^Parole Board                                                                                      
                                                                                                                                
1:30:22 PM                                                                                                                    
CHAIR FRENCH announced  the first order of business  would be the                                                               
confirmation of the reappointment of  Michael Stark to the Parole                                                               
Board.                                                                                                                          
                                                                                                                                
1:31:08 PM                                                                                                                    
MICHAEL  STARK, Appointee,  State  Board of  Parole, stated  that                                                               
following a  27-year career with  the Department of Law  (DOL) he                                                               
served two five-year  terms on the Parole Board,  and was looking                                                               
forward to serving a third term.                                                                                                
                                                                                                                                
CHAIR  FRENCH  asked what  more  he  had  to  learn and  why  the                                                               
Legislature should send him back to serve another term.                                                                         
                                                                                                                                
MR. STARK  replied he had more  to learn about what  makes people                                                               
who  commit crimes  tick. He  noted that  about one-third  of the                                                               
board's  work   is  devoted  to  entertaining   applications  for                                                               
discretionary parole and two-thirds  is revocation hearings, most                                                               
of which is mandatory parole.                                                                                                   
                                                                                                                                
1:33:30 PM                                                                                                                    
CHAIR  FRENCH asked  what  is most  difficult  about deciding  to                                                               
revoke someone's parole or not.                                                                                                 
                                                                                                                                
MR. STARK  replied it  is the balance  between public  safety and                                                               
doing what will most likely help someone succeed upon release.                                                                  
                                                                                                                                
SENATOR COGHILL  asked if  anything could be  done to  make "good                                                               
time"   [time  off   the  sentence   for   good  behavior]   more                                                               
significant.                                                                                                                    
                                                                                                                                
MR.  STARK replied  the current  system acts  as an  incentive to                                                               
stay out  of trouble,  and he wouldn't  recommend any  changes at                                                               
this point.                                                                                                                     
                                                                                                                                
SENATOR  PASKVAN asked  how the  concept of  "smart justice"  fit                                                               
with his job on the Parole Board.                                                                                               
                                                                                                                                
MR.  STARK explained  that the  Parole Board  and staff  recently                                                               
attended training that touched  on evidence-based practices. More                                                               
training is necessary,  but the approach holds  great promise, he                                                               
said.                                                                                                                           
                                                                                                                                
1:36:51 PM                                                                                                                    
CHAIR FRENCH thanked Mr. Stark.                                                                                                 
                                                                                                                                
               ^Violent Crimes Compensation Board                                                                           
                                                                                                                                
CHAIR FRENCH  announced the next  order of business would  be the                                                               
confirmation of the reappointment of  Dr. Regina Chennault to the                                                               
Violent  Crimes Compensation  Board.  He asked  her  to tell  the                                                               
committee why she wanted to continue to serve.                                                                                  
                                                                                                                                
1:37:00 PM                                                                                                                    
DOCTOR REGINA  CHENNAULT, Appointee, Violent  Crimes Compensation                                                               
Board, said she was a trauma  surgeon in Anchorage and had served                                                               
as  the physician  member of  the  board for  several terms.  She                                                               
values the service  the board provides would like  to continue to                                                               
serve and take care of Alaskans in need.                                                                                        
                                                                                                                                
CHAIR FRENCH thanked Dr. Chennault  for her continued service and                                                               
stated that Alaska  was lucky to have someone with  her skills in                                                               
that position.                                                                                                                  
                                                                                                                                
DR.  CHENNAULT responded  that the  Legislature  was always  very                                                               
helpful and responsive to the board.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  expressed appreciation for  Dr. Chennault's                                                               
advocacy.                                                                                                                       
                                                                                                                                
1:38:38 PM                                                                                                                    
SENATOR COGHILL thanked  Dr. Chennault for her  service and asked                                                               
what the board could do to serve victims better.                                                                                
                                                                                                                                
DR.  CHENNAULT said  the board  held one  meeting in  a Fairbanks                                                               
shelter, and  it would  probably be helpful  to do  more outreach                                                               
like that.                                                                                                                      
                                                                                                                                
1:40:23 PM                                                                                                                    
CHAIR FRENCH thanked Dr. Chennault.                                                                                             
                                                                                                                                
                   ^Police Standards Council                                                                                
                                                                                                                                
1:41:47 PM                                                                                                                    
CHAIR FRENCH  announced the next  order of business would  be the                                                               
confirmation of  the appointment of  Ronald Taylor to  the Police                                                               
Standards Council. He asked Mr.  Taylor to tell the committee why                                                               
he wanted to serve on the Alaska Police Standards Council.                                                                      
                                                                                                                                
RONALD TAYLOR,  Appointee, Alaska Police Standards  Council, said                                                               
he was  the current division  director for probation  and parole,                                                               
and was  eager to serve  and represent corrections on  the Alaska                                                               
Police Standards  Council. He  had not  attended any  meetings in                                                               
the past.                                                                                                                       
                                                                                                                                
CHAIR  FRENCH asked  what he  knew about  what the  Alaska Police                                                               
Standards Council does.                                                                                                         
                                                                                                                                
MR.  TAYLOR  said  part  of  the  council's  role  is  to  ensure                                                               
consistency  and the  equal application  of standards  throughout                                                               
the law enforcement community.                                                                                                  
                                                                                                                                
CHAIR FRENCH said  he had known Mr. Taylor for  over a decade and                                                               
was confident  he was right  for this  position. He asked  if the                                                               
members had any questions for Mr. Taylor.                                                                                       
                                                                                                                                
1:43:44 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he  did not want  the public  to think                                                               
that  the lack  of questions  meant  that the  committee was  not                                                               
exercising due  diligence. Many of the  appointees had previously                                                               
appeared before the committee and had done a good job.                                                                          
                                                                                                                                
CHAIR FRENCH agreed  that when you know a person  and trust their                                                               
judgment, you trust that they will make a fair decision.                                                                        
                                                                                                                                
SENATOR  PASKVAN opined  that Mr.  Taylor's extensive  resume and                                                               
impressive experience spoke volumes.                                                                                            
                                                                                                                                
CHAIR FRENCH thanked Mr. Taylor.                                                                                                
                                                                                                                                
1:45:20 PM                                                                                                                    
CHAIR FRENCH  announced the next  order of business would  be the                                                               
confirmation  of  the reappointment  of  Sheldon  Schmitt to  the                                                               
Alaska Police Standards Council.                                                                                                
                                                                                                                                
SHELDON  SCHMITT,  Appointee,  Alaska Police  Standards  Council,                                                               
said he  was the Chief of  Police for Sitka and  currently served                                                               
as  chair of  the Alaska  Police  Standards Council.  He said  he                                                               
believed  in  the  mission  statement  of  the  council  and  was                                                               
interested in continuing to serve.                                                                                              
                                                                                                                                
CHAIR  FRENCH reviewed  Mr. Schmidt's  resume and  noted that  he                                                               
graduated Magna Cum  Laude from the University  of Minnesota with                                                               
a Bachelor of Science degree  in criminal justice, and received a                                                               
master's  degree  from the  University  of  Alaska, Fairbanks  in                                                               
criminal justice. He  spent 12 years in law  enforcement, and was                                                               
currently the Chief of Police in Sitka. He thanked Mr. Schmitt..                                                                
                                                                                                                                
CHAIR FRENCH  announced the next  order of business would  be the                                                               
confirmation of the  appointment of Gustaf Sandahl  to the Alaska                                                               
Police  Standards Council.  He asked  Chief Sandahl  to tell  the                                                               
committee why he wanted to serve on the council.                                                                                
                                                                                                                                
1:47:46 PM                                                                                                                    
Gustaf Sandahl, Appointee, Alaska  Police Standards Council, said                                                               
he  was the  Chief of  Police  for Kenai,  and had  been a  Kenai                                                               
police  officer since  1995. He  wanted  to serve  on the  Alaska                                                               
Police  Standards Council  to do  his part,  as many  other Kenai                                                               
chiefs  of  police had  done.  He  said  he had  attended  public                                                               
council meetings for  the last several years. He  listed 17 years                                                               
in law enforcement,  10 years as a  police supervisor, experience                                                               
as a polygraph examiner, and  personal integrity as an indication                                                               
of what he had would bring to the council.                                                                                      
                                                                                                                                
CHAIR FRENCH asked if he was  taking one of the four police chief                                                               
positions on the council.                                                                                                       
                                                                                                                                
MR. SANDAHL said that was correct.                                                                                              
                                                                                                                                
CHAIR  FRENCH asked  if board  appointees  served as  functioning                                                               
members prior to legislative confirmation.                                                                                      
                                                                                                                                
MR. SANDAHL replied that was his understanding and experience.                                                                  
                                                                                                                                
CHAIR  FRENCH  reviewed  Chief  Sandahl's  resume  that  included                                                               
commercial  fisherman,  construction   laborer,  associate  board                                                               
member of  the FBI  national academy,  sex assault  response team                                                               
training, Crime  Stoppers International  training, and a  host of                                                               
criminal  justice   related  trainings.   He  found   no  further                                                               
questions and thanked Chief Sandahl.                                                                                            
                                                                                                                                
                ^Commission on Judicial Conduct                                                                             
                                                                                                                                
CHAIR FRENCH  announced the next  order of business would  be the                                                               
confirmation  of  the  reappointment  of Robert  Sheldon  to  the                                                               
Commission on Judicial Conduct. He  asked Mr. Sheldon to tell the                                                               
committee why  he was  interested in continuing  to serve  on the                                                               
commission.                                                                                                                     
                                                                                                                                
1:51:42 PM                                                                                                                    
ROBERT SHELDON, Appointee, Public  Member, Commission on Judicial                                                               
Conduct, said he was currently  the vice chair of the commission.                                                               
He relayed that he was  a third-generation Alaskan who followed a                                                               
family example  of civil service volunteering.  He explained that                                                               
his  education,  work,  and interest  in  finance  and  economics                                                               
extend to understanding the  interconnections with the judiciary.                                                               
The commission stands  for the rule of law and  by serving on the                                                               
commission he  was doing his  part to ensure recourse  for anyone                                                               
who believed that a judge exhibited impaired conduct.                                                                           
                                                                                                                                
CHAIR FRENCH  noted that  he was  a public member  who was  not a                                                               
judge, retired judge, or member of the state bar.                                                                               
                                                                                                                                
MR. SHELDON confirmed that was correct.                                                                                         
                                                                                                                                
CHAIR FRENCH  said it is  important for  the public to  know that                                                               
the commission  is an impartial  body that looks at  the behavior                                                               
of judges,  and its actions could  have a powerful effect  on the                                                               
career of a judge.                                                                                                              
                                                                                                                                
MR. SHELDON agreed.                                                                                                             
                                                                                                                                
1:56:37 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if he  believed that there should be a                                                               
discussion about how Alaska selects its judges.                                                                                 
                                                                                                                                
MR. SHELDON replied he did not  have an opinion about whether the                                                               
current  process  was  right  or wrong,  but  it  was  structured                                                               
thoughtfully and it worked.                                                                                                     
                                                                                                                                
CHAIR FRENCH found no further questions and thanked Mr. Sheldon.                                                                
                                                                                                                                
CHAIR  FRENCH noted  that  Brad Reich,  appointee  to the  Police                                                               
Standards  Council, was  not available,  and  that the  committee                                                               
would consider his name at a later hearing.                                                                                     
                                                                                                                                
1:58:50 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to report  the names  Robert Sheldon,                                                               
Gustaf   Sandahl,   Sheldon   Schmitt,  Ronald   Taylor,   Regina                                                               
Chennault, and  Michael Stark  to a joint  session of  the Alaska                                                               
State Legislature for consideration.                                                                                            
                                                                                                                                
CHAIR FRENCH announced that without  objection the names would be                                                               
forwarded to the joint body for consideration.                                                                                  
                                                                                                                                
At ease from 1:59 p.m. to 2:00 p.m. to sign paperwork.                                                                          
                                                                                                                                
                      HB  80-SELF DEFENSE                                                                                   
                                                                                                                                
2:00:35 PM                                                                                                                    
CHAIR   FRENCH  reconvened   the   hearing   and  announced   the                                                               
consideration of  HB 80. He  asked Ms. Carpeneti to  come forward                                                               
to answer a question.                                                                                                           
                                                                                                                                
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law (DOL), introduced herself.                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  if   the  testimony   Mr.  Fayette                                                               
presented during  the previous hearing  in any way  changed DOL's                                                               
position on HB 80.                                                                                                              
                                                                                                                                
2:01:35 PM                                                                                                                    
MS.  CARPENETI   replied  it  was  her   understanding  that  the                                                               
administration of the State of Alaska supported HB 80.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked  if that meant that DOL  did not share                                                               
the concerns that Mr. Fayette raised.                                                                                           
                                                                                                                                
MS.  CARPENETI replied  the Department  of Law  supported HB  80,                                                               
although individual people may feel differently.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI  asked for confirmation that  the department                                                               
assessed  the concerns  raised by  Mr. Fayette  and continued  to                                                               
support the bill.                                                                                                               
                                                                                                                                
MS. CARPENETI confirmed that DOL continued to support the bill.                                                                 
                                                                                                                                
2:02:08 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to report  HB 80 from  committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR FRENCH stated that  he was not a huge fan  of the bill, but                                                               
was honoring his pledge to allow  it to move through the process.                                                               
Finding  no objection,  he announced  that HB  80 moved  from the                                                               
Senate Judiciary Standing Committee.                                                                                            
                                                                                                                                
At ease from 2:02 p.m. to 2:03 p.m. to sign paperwork.                                                                          
                                                                                                                                
           SB   7-FELONS' RIGHT TO VOTE OR BE JURORS                                                                        
                                                                                                                                
2:03:47 PM                                                                                                                    
CHAIR   FRENCH  reconvened   the   hearing   and  announced   the                                                               
consideration of  SB 7. He summarized  that the bill had  been in                                                               
the possession  of the  committee for  about a  year and  had not                                                               
changed  since it  was  heard last.  He asked  if  there was  any                                                               
discussion.                                                                                                                     
                                                                                                                                
SENATOR COGHILL said  he would not object to the  bill because he                                                               
did  not  have   a  solution,  but  he  continued   to  have  the                                                               
reservations he expressed a year ago.                                                                                           
                                                                                                                                
CHAIR  FRENCH  said he,  too,  had  questions but  the  committee                                                               
worked on the bill and it was unfair to hold it further.                                                                        
                                                                                                                                
2:05:02 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to  report SB  7 from  committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR FRENCH  announced that without  objection, SB 7  moved from                                                               
Senate Judiciary Standing Committee.                                                                                            
                                                                                                                                
             SB 110-HUMAN TRAFFICKING/SEX OFFENSES                                                                          
                                                                                                                                
2:05:47 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 110 and asked for                                                               
a motion to adopt the proposed committee substitute (CS).                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  moved to adopt  the CS for SB  110, labeled                                                               
27-LS0646\X, as the working document.                                                                                           
                                                                                                                                
CHAIR  FRENCH announced  that without  objection,  version X  was                                                               
before the committee.                                                                                                           
                                                                                                                                
2:07:05 PM                                                                                                                    
KENDRA  KLOSTER, staff  to Senator  Bill Wielechowski,  explained                                                               
that version  X combined  provisions of  SB 110  and SB  218. She                                                               
said  that  sections  1,  2, 11-15,  17,  20-29  were  conforming                                                               
amendments to change the term  "prohibiting prostitution" to "sex                                                               
trafficking." The change in terminology was part of SB 218.                                                                     
                                                                                                                                
Section  3  was part  of  SB  218. It  adds  the  crime of  human                                                               
trafficking in the first degree  and sex trafficking in the first                                                               
degree  to   felonies  described   under  "most   serious  felony                                                               
offenses."                                                                                                                      
                                                                                                                                
CHAIR FRENCH asked  Ms. Carpeneti the meaning  of "serious felony                                                               
offense."                                                                                                                       
                                                                                                                                
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law  (DOL), explained that the  crimes described as                                                               
serious  felony  offense  are  the   ones  that  are  subject  to                                                               
conspiracy prosecution.                                                                                                         
                                                                                                                                
MS. KLOSTER  said sections 4-8  were part  of SB 110.  [Section 4                                                               
adds new  Sec. 11.41.355. Human  trafficking in the  first degree                                                               
would be  an unclassified felony  and apply to persons  under age                                                               
18.]  Section  5 [amends  AS  11.41.360(a)]  and would  apply  to                                                               
persons over  age 18. It removes  the phrase "come to  this state                                                               
to"  so that  it addresses  human trafficking  both across  state                                                               
lines and within the state.                                                                                                     
                                                                                                                                
2:09:49 PM                                                                                                                    
CHAIR FRENCH said the committee  struggled to define movement and                                                               
finally decided  that the idea  of geography  did not play  in as                                                               
strongly  as the  act  of  forcing someone  to  engage in  sexual                                                               
conduct,  adult  entertainment,  or  labor by  force,  threat  of                                                               
force, or  deception. Compelling someone  to cross the  street to                                                               
engage in sexual conduct is trafficking.                                                                                        
                                                                                                                                
SENATOR  COGHILL asked  if, because  of  kidnapping, there  would                                                               
still be some application in Section 3 under AS 11.31.120.                                                                      
                                                                                                                                
MS.  CARPENETI  explained  that  the  bill  provides  that  human                                                               
trafficking in  the first degree,  an unclassified  felony, would                                                               
be  subject to  conspiracy prosecution.  It would  depend on  the                                                               
facts  whether  it  would  also  be  a  kidnapping  offense,  but                                                               
kidnapping is an offense under the conspiracy law.                                                                              
                                                                                                                                
SENATOR COGHILL said he wanted to  make sure that Section 5 would                                                               
apply to someone lured from a village under false pretense.                                                                     
                                                                                                                                
CHAIR FRENCH  responded that  that was  the intention,  and asked                                                               
Ms. Carpeneti if that would be covered by Section 5.                                                                            
                                                                                                                                
MS.  CARPENETI  answered  yes,  but the  current  draft  did  not                                                               
require movement  of a  person from a  village to  Anchorage, for                                                               
example, as an element of the  offense. It does require the other                                                               
elements of  the offense,  which is to  compel or  induce another                                                               
person  to engage  in  the conduct  by use  of  force, threat  of                                                               
force, or deception.                                                                                                            
                                                                                                                                
SENATOR PASKVAN  pointed out  that conspiracy  takes two  or more                                                               
persons, and  asked if  it would  still be  a violation  of human                                                               
trafficking  if  one person  were  to  induce or  coerce  another                                                               
person.                                                                                                                         
                                                                                                                                
MS.  CARPENETI  replied   it  could  be  a   violation  of  human                                                               
trafficking, but  it would not  be conspiracy because  that takes                                                               
two or more people agreeing and one person acting.                                                                              
                                                                                                                                
SENATOR PASKVAN said he did not  want to create an exception if a                                                               
person acted alone.                                                                                                             
                                                                                                                                
CHAIR FRENCH  clarified that Section  3 said the  listed offenses                                                               
could be conspiracy.                                                                                                            
                                                                                                                                
2:13:32 PM                                                                                                                    
MS. CARPENETI added that the  crimes listed were all very serious                                                               
offenses that could be subject to the conspiracy law.                                                                           
                                                                                                                                
SENATOR PASKVAN said  he understood, but wanted the  record to be                                                               
clear.                                                                                                                          
                                                                                                                                
CHAIR  FRENCH  said it's  worth  taking  time to  articulate  the                                                               
intent.                                                                                                                         
                                                                                                                                
2:14:05 PM                                                                                                                    
MS. KLOSTER said  Section 6 was part of the  original SB 110. [It                                                               
amends AS 11.41.360(c)]  to make human trafficking  in the second                                                               
degree a class A felony.                                                                                                        
                                                                                                                                
Section 7 was from SB 110.  [It amends AS 11.41.365 to make human                                                               
trafficking in the third degree a class B felony.]                                                                              
                                                                                                                                
Section   8   [amends   AS    11.41.370]   and   defines   "adult                                                               
entertainment" and "sexual conduct."                                                                                            
                                                                                                                                
Section 9 was  in the original SB 218. It  raises the penalty for                                                               
a patron of prostitution from a  class B misdemeanor to a class C                                                               
felony. Sections 9 and 10  also add an affirmative defense, which                                                               
was not in the original bill.                                                                                                   
                                                                                                                                
MS.  CARPENETI added  that  it  raises the  penalty  for being  a                                                               
patron of a  prostitute to a class C felony  if the prostitute is                                                               
under age  18, or  the patron  is age  18 or  older and  at least                                                               
three   years  older   than  the   prostitute  is.   Under  other                                                               
circumstances, the  offense is still  a class B  misdemeanor. The                                                               
affirmative defense of  reasonable mistake of age  would apply if                                                               
the  defendant took  reasonable steps  to verify  the age  of the                                                               
prostitute.                                                                                                                     
                                                                                                                                
CHAIR FRENCH asked  the reasoning behind the  age differential in                                                               
Section  10. Prostitution  is a  class B  misdemeanor unless  the                                                               
defendant is over age 18 and  at least three years older than the                                                               
prostitute.                                                                                                                     
                                                                                                                                
MS. CARPENETI  related that the  reason for the  age differential                                                               
is the same as  in the sexual abuse of a  minor statute. An older                                                               
person  generally  has more  influence  and  power over  a  teen,                                                               
making  it  easier  to  induce  the teen  to  engage  in  certain                                                               
conduct.                                                                                                                        
                                                                                                                                
2:17:04 PM                                                                                                                    
SENATOR  COGHILL asked  if  it was  previously a  crime  to be  a                                                               
patron of prostitution.                                                                                                         
                                                                                                                                
MS.  CARPENETI replied  it became  a crime  to be  a patron  of a                                                               
prostitute  in  2007. This  is  an  improvement because  the  age                                                               
differential makes a big difference for a young victim.                                                                         
                                                                                                                                
MS.  KLOSTER  said  sections 11-15  change  the  term  "promoting                                                               
prostitution" to "sex trafficking."                                                                                             
                                                                                                                                
Section  16 adds  the  crime  of sex  trafficking  in the  fourth                                                               
degree  to those  crimes  that do  not  require corroboration  of                                                               
testimony.                                                                                                                      
                                                                                                                                
Section 17  amends AS 11.81.250(a)  changing the  term "promoting                                                               
prostitution"  to  "sex trafficking,"  and  adding  the crime  of                                                               
"human trafficking in the first degree under AS 11.41.355."                                                                     
                                                                                                                                
Section  18 adds  the  crime  of "sex  trafficking  in the  first                                                               
degree  under  AS  11.66.110(a)(2)"   to  AS  11.81.250(b).  This                                                               
provision was previously in SB 218.                                                                                             
                                                                                                                                
2:20:08 PM                                                                                                                    
MS. CARPENETI  suggested the committee  add human  trafficking in                                                               
the first  degree to  Section 18, because  it is  an unclassified                                                               
felony under this bill.                                                                                                         
                                                                                                                                
2:20:53 PM                                                                                                                    
CHAIR FRENCH moved Conceptual Amendment 1.                                                                                      
                                                                                                                                
                     Conceptual Amendment 1                                                                                 
                                                                                                                                
     Page 8, line 24:                                                                                                           
          Following "AS 11.66.110(a)(2),"                                                                                     
             Insert "human trafficking in the first                                                                             
     degree,"                                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  questioned the wisdom of  stating the exact                                                               
location of the phrase.                                                                                                         
                                                                                                                                
CHAIR FRENCH said he was  open to reasonable accommodation if the                                                               
drafter wanted to  place it elsewhere within  Section 18. Finding                                                               
no  objection,  he  announced that  Conceptual  Amendment  1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:23:00 PM                                                                                                                    
MS. KLOSTER said  Section 19 amends AS  12.55.035(b) changing the                                                               
term "promoting  prostitution" to  "sex trafficking,"  and adding                                                               
the  crime of  "human trafficking  in the  first degree  under AS                                                               
11.41.355" to subsection (b)(1).                                                                                                
                                                                                                                                
[Section  20   amends  AS  12.55.085(f)  adding   AS 11.41.355  -                                                               
AS 11.41.365 to the list of violations in subsection (f)(1).]                                                                   
                                                                                                                                
MS.  CARPENETI  clarified that  this  adds  human trafficking  to                                                               
those crimes  that do not  qualify for a suspended  imposition of                                                               
sentence (SIS).                                                                                                                 
                                                                                                                                
MS. KLOSTER  said Section 21  [amends AS 12.55.125]  changing the                                                               
term "promoting  prostitution" to  "sex trafficking,"  and adding                                                               
the  crime of  "human trafficking  in the  first degree  under AS                                                               
11.41.355."                                                                                                                     
                                                                                                                                
CHAIR  FRENCH  directed  attention  to  page  10,  line  23,  and                                                               
questioned why in this section  human trafficking was modified by                                                               
the phrase "involving sexual conduct or adult entertainment."                                                                   
                                                                                                                                
2:24:12 PM                                                                                                                    
MS.  CARPENETI   explained  that   AS  12.55.125(i)   deals  with                                                               
heightened sentencing  ranges for  certain serious  sex offenses.                                                               
Sexual conduct  or adult entertainment probably  was specified so                                                               
as to  not import labor into  these higher ranges, because  it is                                                               
not really a sex offense.                                                                                                       
                                                                                                                                
CHAIR  FRENCH  summarized  that  while there  is  a  law  against                                                               
bringing someone to a fish  plant, for example, to perform simple                                                               
labor, it is not a sex crime.                                                                                                   
                                                                                                                                
MS. CARPENETI said that is correct,  and it should not be subject                                                               
to the sentencing ranges for serious sex offense.                                                                               
                                                                                                                                
2:25:24 PM                                                                                                                    
CHAIR  FRENCH  asked  for  an explanation  of  the  provision  in                                                               
Section 21 on page 11, lines 22-24.                                                                                             
                                                                                                                                
MS. CARPENETI explained  that the idea was the  same as paragraph                                                               
(2).  It adds  "attempt,  conspiracy, or  solicitation to  commit                                                               
human  trafficking in  the second  degree" so  as to  not include                                                               
labor in the heightened ranges for sex offenses.                                                                                
                                                                                                                                
SENATOR COGHILL  asked if conspiracy or  solicitation becomes the                                                               
key element.                                                                                                                    
                                                                                                                                
MS.  CARPENETI   explained  that   human  trafficking   under  AS                                                               
11.41.360  is  the target  offense  and  a  class A  felony,  but                                                               
subsection  (i)(3)   deals  generally  with  class   B  felonies.                                                               
"Attempt,   conspiracy,   or   solicitation   to   commit   human                                                               
trafficking  in the  second degree  under AS  11.41.360 involving                                                               
sexual conduct  or adult entertainment,"  was added to  the other                                                               
class B felonies in paragraph (3)  within the larger group of sex                                                               
offenses, which are subject to a higher range under the law.                                                                    
                                                                                                                                
2:27:43 PM                                                                                                                    
MS.  KLOSTER   said  Section  22  changes   the  term  "promoting                                                               
prostitution" to  "sex trafficking," and adds  "online enticement                                                               
of a minor under AS 11.41.452(e)" as a most serious felony.                                                                     
                                                                                                                                
MS. CARPENETI  explained that Section 23  corrects omissions made                                                               
when  the  sentencing law  was  changed  several years  ago.  The                                                               
crimes   of  "human   trafficking  in   the  first   degree,  sex                                                               
trafficking  in  the  first  degree  under  AS  11.66.110(a)(2),"                                                               
"online enticement  of a  minor," and  "human trafficking  in the                                                               
second degree  involving sexual  conduct or  adult entertainment"                                                               
were  added  to  the  definition  of  "sexual  felony"  under  AS                                                               
12.55.185(16).                                                                                                                  
                                                                                                                                
MS. KLOSTER said Section 24  adds "human trafficking in the first                                                               
degree  under AS  11.41.355" and  "sex trafficking  in the  first                                                               
degree  under  AS  11.66.110(a)(2)  to  the  definition  of  "sex                                                               
offense" under AS 12.63.100(6).                                                                                                 
                                                                                                                                
Section  25 changes  the term  "promoting  prostitution" to  "sex                                                               
trafficking," and adds "human trafficking" to AS 15.80.010(9).                                                                  
                                                                                                                                
Section  26 changes  the term  "promoting  prostitution" to  "sex                                                               
trafficking,"  and adds  "human trafficking  in the  first degree                                                               
under AS  11.41.355 and  human trafficking  in the  second degree                                                               
involving   sexual  conduct   or  adult   entertainment"  to   AS                                                               
28.15.046(c)                                                                                                                    
                                                                                                                                
MS. CARPENETI  noted that  the provisions  added to  AS 28.15.046                                                               
included  those offenses  that  preclude a  person  from being  a                                                               
school bus driver.                                                                                                              
                                                                                                                                
MS.  KLOSTER   said  Section  27  changes   the  term  "promoting                                                               
prostitution" to  "sex trafficking," and adds  "human trafficking                                                               
in the first degree under AS 11.41.355" to AS 47.12.110(d).                                                                     
                                                                                                                                
MS. CARPENETI  added that, in  part, this section deals  with the                                                               
public release of information about a delinquent minor.                                                                         
                                                                                                                                
Section  28 is  a similar  conforming amendment  that deals  with                                                               
public release of agency records for juveniles.                                                                                 
                                                                                                                                
2:31:06 PM                                                                                                                    
SENATOR  WIELECHOWSKI,  speaking  as   the  sponsor  of  SB  110,                                                               
explained  that  Section 29  repeals  AS  11.41.360(b)(1) and  AS                                                               
11.41.360(b)(3) because the  definitions of "adult entertainment"                                                               
and "sexual conduct" are included elsewhere in the bill.                                                                        
                                                                                                                                
CHAIR  FRENCH  noted  that  both  definitions  were  included  in                                                               
Section 8.                                                                                                                      
                                                                                                                                
MS. CARPENETI said  Section 30 is the  applicability section. The                                                               
bill is  generally applicable to  crimes committed before,  on or                                                               
after the  effective date, but  to avoid  constitutional concerns                                                               
with  ex post  facto  laws,  the bill  applies  on  or after  the                                                               
effective date for the new crimes.                                                                                              
                                                                                                                                
Section 31 has  instruction to the revisor of  statutes to change                                                               
the catch  lines and  titles for  certain crimes  from "promoting                                                               
prostitution" to "sex trafficking."                                                                                             
                                                                                                                                
Section 32 has an effective date of July 1, 2012.                                                                               
                                                                                                                                
2:34:18 PM                                                                                                                    
CHAIR  FRENCH opined  that SB  110 was  largely a  revisor's bill                                                               
that  included  a   lot  of  what  was  in   the  Governor's  sex                                                               
trafficking  bill, SB  218. Senator  Wielechowski filed  his bill                                                               
last year.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI moved to report CS  for SB 110, version X as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
2:35:14 PM                                                                                                                    
SENATOR  COGHILL objected  to comment  that the  policy statement                                                               
was good, but he had lingering  questions about how it would land                                                               
in process and whether it would  work for people moved within the                                                               
state. He removed his objection.                                                                                                
                                                                                                                                
CHAIR FRENCH encouraged him to talk  to DOL or come by his office                                                               
for a chat about how this would  work. He said not many people go                                                               
to prison  under these laws,  but everyone recognizes  that these                                                               
are important  tools to have available.  It is wrong if  even one                                                               
girl is  moved across town or  across the state to  engage in sex                                                               
trafficking.                                                                                                                    
                                                                                                                                
2:36:41 PM                                                                                                                    
SENATOR WIELECHOWSKI  said the original  intention was  to change                                                               
the  statute   to  eliminate  discrimination   against  Alaskans.                                                               
Currently, it  is a serious  felony to move someone  across state                                                               
lines  to engage  in sex  trafficking, but  it is  not a  similar                                                               
trafficking crime to  move someone within the state  for the same                                                               
purpose. SB  110 attempts to  address this disparity.  He offered                                                               
to  work with  the department  or  other committees  as the  bill                                                               
moves forward.                                                                                                                  
                                                                                                                                
CHAIR  FRENCH  announced  that without  objection  CSSB  110(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
At ease from 2:38 p.m. to 2:39 p.m.                                                                                             
                                                                                                                                
        SB 151-FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR                                                                    
                                                                                                                                
2:39:08 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 151 and asked for                                                               
a motion to adopt the proposed committee substitute (CS).                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  moved to adopt  the CS for SB  151, labeled                                                               
27-LS1132\U, as the working document.                                                                                           
                                                                                                                                
CHAIR  FRENCH announced  that without  objection,  version U  was                                                               
before the committee.                                                                                                           
                                                                                                                                
2:39:33 PM                                                                                                                    
CHRISTINE  MARASIGAN, Staff  to  Senator  Kevin Meyer,  explained                                                               
that the  version U makes  two substantive changes.  The phrases,                                                               
"and  except as  provided by  (20) of  this subsection,"  and "as                                                               
determined  by a  neuropsychological  examination." were  deleted                                                               
from sections 18 and 20  respectively. The first change maintains                                                               
the  intent to  apply the  mitigater  to lessor  crimes, and  the                                                               
second  change alleviates  confusion  about  who diagnoses  fetal                                                               
alcohol spectrum disorder (FASD).                                                                                               
                                                                                                                                
CHAIR FRENCH  summarized that the  idea was that it  should apply                                                               
to crimes not  committed against a person, and that  there was no                                                               
need to place in statute how a judge should determine FASD.                                                                     
                                                                                                                                
SENATOR COGHILL  expressed appreciation to the  chair and sponsor                                                               
for their work on the bill.                                                                                                     
                                                                                                                                
2:42:44 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to report  CS for SB 151,  version U,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  FRENCH announced  that  without  objection, CSSB  151(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             
                                                                                                                                
        SB 198-POLICE OFFICER PROTECTIONS/CERTIFICATION                                                                     
                                                                                                                                
2:43:15 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 198.                                                                             
                                                                                                                                
SENATOR BILL WIELECHOWSKI, sponsor of  SB 198, explained that the                                                               
bill provides increased protections  and basic due process rights                                                               
for  police officers  faced with  potential  revocation of  their                                                               
certificates. Revocations  would require a standard  of clear and                                                               
convincing evidence and follow  the Administrative Procedure Act.                                                               
The  bill also  allows  the Alaska  Police  Standards Council  to                                                               
suspend  rather  than revoke  a  certificate  when the  situation                                                               
warrants  the lesser  punishment.  Additional provisions  provide                                                               
increased  protection of  personal  information  and address  the                                                               
issue of polygraph tests. He  noted that the bill packet included                                                               
information   on   a  U.S.   Supreme   Court   decision  on   the                                                               
unreliability of polygraph tests.                                                                                               
                                                                                                                                
2:45:36 PM                                                                                                                  
DAVE SEXTON, Executive Director,  Alaska Police Standards Council                                                               
(APSC),  said the  mission statement  of  APSC is  "To produce  a                                                               
highly  trained and  positively motivated  professional officers,                                                               
capable  of meeting  contemporary  law  enforcement standards  of                                                               
performance." He  listed the core  services provided by  APSC and                                                               
said  SB  198  cuts  to  the   heart  of  several  of  these.  He                                                               
articulated three primary concerns.                                                                                             
                                                                                                                                
MR. SEXTON  said the first concern  is that SB 198  would inhibit                                                               
APSC's   ability   to   decertify  an   officer.   This   happens                                                               
infrequently,  just  six  times  in   the  last  five  years.  He                                                               
explained that  APSC staff  investigates reported  misconduct and                                                               
gives the  matter to the full  council if it is  appropriate. The                                                               
full council reviews the facts  before taking any action, and the                                                               
officer has the  option of appealing the APSC  action through the                                                               
court system.  Requiring the council  to give  substantial weight                                                               
to  prior  decisions  and  to  adopt  a  standard  of  clear  and                                                               
convincing  evidence singles  out  the  APSC and  holds  it to  a                                                               
different standard than  the 48 other boards  and commissions, he                                                               
said.                                                                                                                           
                                                                                                                                
MR.  SEXTON   said  the  second   area  of  concern   relates  to                                                               
restricting  the   use  of   polygraphs  during   a  disciplinary                                                               
proceeding.  Because   polygraphs  are   allowed  in   both  pre-                                                               
employment and  in investigative  situations, the  APSC questions                                                               
lowering that  standard. He  said he  was not  aware of  a single                                                               
decertification decision that hinged on a polygraph test.                                                                       
                                                                                                                                
MR.  SEXTON  said  the  third  area of  concern  relates  to  the                                                               
requirement to stop providing photographs  of officers in action.                                                               
The bill  would prohibit showing  pictures of police  officers in                                                               
positive situations  or hanging officers' pictures  in city hall.                                                               
This  strips  APSC  of  management  rights  to  run  progressive,                                                               
community-oriented   departments.  Finally,   he   asked  for   a                                                               
discussion about a longtime goal of  the APSC to remove the words                                                               
"full time" from  the definition of "police  officer." This would                                                               
bring  part  time,  seasonal, and  reserve  officers  under  APSC                                                               
oversight, and  protect cities and  jurisdictions that try  to do                                                               
the  right thing  by hiring  additional  help only  to find  that                                                               
their employees are operating outside regulations.                                                                              
                                                                                                                                
He concluded stating that APSC opposes much of SB 198.                                                                          
                                                                                                                                
2:53:12 PM                                                                                                                    
CHAIR FRENCH directed  attention to Section 7, page  3, lines 28-                                                               
29, and  asked if he thought  that a police officer  would object                                                               
to having  his or  her picture  hung in  city hall,  and withhold                                                               
authorization.                                                                                                                  
                                                                                                                                
MR. SEXTON replied  that was the concern. If  an officer withheld                                                               
his or  her authorization there  would not be a  complete picture                                                               
of the department.                                                                                                              
                                                                                                                                
CHAIR FRENCH  asked if he  really thought a police  officer would                                                               
object to having his or her picture displayed.                                                                                  
                                                                                                                                
MR. SEXTON questioned  why the provision was in the  bill if that                                                               
was not the purpose.                                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  he  would  object to  keeping  a                                                               
police officer's home address confidential.                                                                                     
                                                                                                                                
MR.  SEXTON said  APSC believes  that confidentiality  is already                                                               
covered, but did not objection to restating it in the bill.                                                                     
                                                                                                                                
2:54:40 PM                                                                                                                  
JOHN  SKIDMORE, Director,  Criminal Division,  Department of  Law                                                               
(DOL), reviewed  his professional credentials. Most  recently, he                                                               
was  in charge  of  special prosecutions  that included  conflict                                                               
cases dealing  with peace officers.  In his current  position, he                                                               
provides legal advice to the Alaska Police Standards Council.                                                                   
                                                                                                                                
MR. SKIDMORE  asked the committee  to reconsider  two provisions.                                                               
The first  concern is that  Section 3 would  bind the APSC  in an                                                               
employment  action  taken  with  an officer.  He  said  the  APSC                                                               
strives  to  set  minimum  standards across  the  state  for  all                                                               
officers to  meet initially and  after they become  officers. The                                                               
APSC  wants  standards of  conduct  to  be consistent,  but  this                                                               
provision requires the council to  give substantial weight to the                                                               
significance of prior decisions  by individual departments, their                                                               
lawyers,  and court  decisions. He  questioned why  the committee                                                               
would want to  bind the council's decision-making about  who is a                                                               
good, quality officer.                                                                                                          
                                                                                                                                
2:59:30 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  if  he believes  that  the  council                                                               
should give some  weight to prior arbitrations  and court appeals                                                               
that found in favor of an  officer if that officer is the subject                                                               
of a subsequent termination case.                                                                                               
                                                                                                                                
MR. SKIDMORE said  it is not a  problem if the intent  is for the                                                               
council  to consider  that something  occurred in  the past.  The                                                               
problem   is  that   the  legislative   intent  and   meaning  of                                                               
"substantial weight" is not clear.  If the council's decision has                                                               
to mirror  something that happened  in the past,  that interferes                                                               
with the  ability of the  council to have consistency  across the                                                               
state.  He  said he  gets  nervous  when  he  does not  know  the                                                               
legislative intent.                                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI responded  that this  was establishing  the                                                               
legislative intent.                                                                                                             
                                                                                                                                
SENATOR PASKVAN  opined that nothing  in the language  would bind                                                               
the council.  To the contrary,  the council would simply  have to                                                               
explain  why the  appellate procedure  or administrative  hearing                                                               
officer decision is or is not significant.                                                                                      
                                                                                                                                
MR. SKIDMORE  said he was  comfortable with that reading.  He was                                                               
testifying  to  achieve the  legislative  intent  to ensure  that                                                               
someone could not  come back and argue the  opposite. The council                                                               
is capable of articulating a difference, he said.                                                                               
                                                                                                                                
SENATOR PASKVAN reiterated that he  did not perceive the language                                                               
to include a binding requirement.                                                                                               
                                                                                                                                
3:04:14 PM                                                                                                                    
MR.  SKIDMORE said  a second  concern relates  to Section  2 that                                                               
requires the  council to  use the  clear and  convincing evidence                                                               
standard to prove  the alleged conduct. He said  he believes that                                                               
people in public service and law  enforcement ought to be held to                                                               
a  higher standard,  because  of their  position  of trust.  This                                                               
society trusts  that people are  not going  to break the  law. If                                                               
they  do, society  trusts  that law  enforcement  will help  hold                                                               
those people accountable.  When someone breaks the  law, there is                                                               
a  breakdown in  some trust,  and when  it is  a law  enforcement                                                               
officer or someone in that  public service the violation of trust                                                               
is twofold. The  law was broken, and the person  who was supposed                                                               
to be upholding law is the  one who broke it. That is significant                                                               
and  very  offensive because  it  infringes  upon the  trust  and                                                               
credibility  that society  holds in  those institutions  that are                                                               
supposed to provide protection.                                                                                                 
                                                                                                                                
He said he  heard the sponsor say that some  organizations have a                                                               
higher standard  of evidence  than clear  and convincing,  but he                                                               
did not know which ones.                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI relayed  that his  staff asked  Legislative                                                               
Research to  provide that information,  but his  understanding is                                                               
that  the  Alaska  Bar  Association  (ABA)  uses  the  clear  and                                                               
convincing  evidence  standard.  He  offered to  follow  up  with                                                               
clarifying information.                                                                                                         
                                                                                                                                
MR.  SKIDMORE  pointed out  that  the  ABA  was  not one  of  the                                                               
organizations listed under  AS 44.62.330-44.62.630, the governing                                                               
Act  set forth  in  the bill.  To increase  the  burden of  proof                                                               
indicates  that the  Legislature does  not trust  the credibility                                                               
and discretion  of the council. That  seems counterproductive, he                                                               
said.                                                                                                                           
                                                                                                                                
3:09:04 PM                                                                                                                    
JAKE  METCALFE,  Executive   Director,  Public  Safety  Employees                                                               
Association  (PSEA)  Local  803,  said he  represents  about  800                                                               
certified  and  non-certified  police  department  employees.  He                                                               
briefly  reviewed his  legal career  and said  he wanted  to talk                                                               
specifically about  the burden of  proof, consideration  of prior                                                               
arbitration decisions, and why PSEA supports the bill.                                                                          
                                                                                                                                
He described  three PSEA termination cases  where the arbitrators                                                               
ruled that  the employees should  get their jobs back.  The state                                                               
challenged each  ruling in  superior court and  lost. Two  of the                                                               
cases  went  to   the  state  supreme  court   that  upheld  both                                                               
decisions.  Two  of  the  cases  went  to  the  Police  Standards                                                               
Council,  and the  council revoked  one certificate.  The hearing                                                               
officer  challenged   the  decision  because  there   was  not  a                                                               
preponderance of proof.                                                                                                         
                                                                                                                                
MR. METCALFE said  that when the facts do not  change between the                                                               
arbitration hearing and council hearing,  it is reasonable to ask                                                               
the council to pay attention  to those decisions and then require                                                               
the same standard  that has been followed  through the employment                                                               
procedure.                                                                                                                      
                                                                                                                                
3:14:14 PM                                                                                                                    
SENATOR WIELECHOWSKI expressed a desire to hear different views                                                                 
on the display of photographs, and weighing the public trust                                                                    
against the employee's right to due process.                                                                                    
                                                                                                                                
CHAIR FRENCH suggested that dialogs could happen in offices and                                                                 
over the telephone. He held SB 198 in committee.                                                                                
                                                                                                                                
3:15:38 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair French adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 3:15 p.m.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
HB 6 Version Y.pdf SJUD 3/21/2012 1:30:00 PM
HB 6
HB Explanations of Changes Version Y.pdf SJUD 3/21/2012 1:30:00 PM
HB 6
SB 151 version U.pdf SJUD 3/21/2012 1:30:00 PM
SB 151
SB 210 version D.pdf SJUD 3/21/2012 1:30:00 PM
SB 210
SB 200.ACLU Review.2012.03.16.pdf SJUD 3/21/2012 1:30:00 PM
SB 200
SB 210 Support Resolution.pdf SJUD 3/21/2012 1:30:00 PM
SB 210
SB 198 Letter of Support.pdf SJUD 3/21/2012 1:30:00 PM
SB 198
SB 200 Version I.pdf SJUD 3/21/2012 1:30:00 PM
SB 200
SB 200 Explanation of Changes Version I.pdf SJUD 3/21/2012 1:30:00 PM
SB 200
SB 110 version X.pdf SJUD 3/21/2012 1:30:00 PM
SB 110
SB 198 Support Letter APD Employees Association.pdf SJUD 3/21/2012 1:30:00 PM
SB 198
SB 198 Ver.E.PDF SJUD 3/21/2012 1:30:00 PM
SB 198