Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/05/2019 01:30 PM JUDICIARY

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Audio Topic
01:34:27 PM Start
01:34:55 PM SB35
03:26:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 35 CRIMES;SEX CRIMES;SENTENCING; PAROLE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
           SB 35-CRIMES;SEX CRIMES;SENTENCING; PAROLE                                                                       
                                                                                                                              
1:34:55 PM                                                                                                                    
CHAIR HUGHES announced  that the only order of  business would be                                                               
SENATE BILL NO. 35, "An Act  eliminating marriage as a defense to                                                               
certain crimes  of sexual  assault; relating  to enticement  of a                                                               
minor; relating  to harassment in  the first degree;  relating to                                                               
harassment in the second degree;  relating to indecent viewing or                                                               
production of  a picture; relating  to the definition  of 'sexual                                                               
contact'; relating to  assault in the second  degree; relating to                                                               
sentencing;  relating  to  prior  convictions;  relating  to  the                                                               
definition of  'most serious felony'; relating  to the definition                                                               
of 'sexual  felony'; relating to  the duty  of a sex  offender or                                                               
child  kidnapper   to  register;  relating  to   eligibility  for                                                               
discretionary parole; and providing for an effective date."                                                                     
                                                                                                                                
1:35:14 PM                                                                                                                    
CHAIR HUGHES made  opening remarks and stated her  intent to hold                                                               
the bill in committee.                                                                                                          
                                                                                                                                
1:35:39 PM                                                                                                                    
SENATOR   MICCICHE  moved   to  adopt   the  proposed   committee                                                               
substitute  to SB  35, work  order 31-GS1873\K,  Radford, 4/2/19,                                                               
Version K, as the working document.                                                                                             
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
1:36:54 PM                                                                                                                    
BUDDY  WHITT,   Staff,  Senator  Shelley  Hughes,   Alaska  State                                                               
Legislature,  Juneau,  reviewed  the  changes  in  the  committee                                                               
substitute (CS) for SB 35, Version K.                                                                                           
                                                                                                                                
       Title Changes: The following has been added to the                                                                       
         title in order to conform to changes and added                                                                         
     provisions;                                                                                                                
                                                                                                                                
     ? relating to sexual assault                                                                                               
     ? relating to unlawful exploitation of a minor                                                                             
        ? relating to definitions of sexual felony, sex                                                                         
     offense and sex offender                                                                                                   
                                                                                                                                
1:37:12 PM                                                                                                                    
MR. WHITT reviewed Section 1.                                                                                                   
                                                                                                                                
     Section 1:  Adds subsection  (f) intent  language added                                                                    
     for the Department of Public  Safety to make additional                                                                    
     resources available  to expand investigation  of online                                                                    
     exploitation of children (Page 3, Line 7 and 8 ).                                                                          
                                                                                                                                
MR.  WHITT  said  that  several   members  planned  to  offer  an                                                               
amendment  to  address  this,  but instead  it  was  included  in                                                               
Version  K. He  invited Senator  Kiehl to  speak to  the proposed                                                               
change and Senator Micciche to address the finance aspects.                                                                     
                                                                                                                                
1:38:21 PM                                                                                                                    
SENATOR KIEHL said he discovered,  while conducting research on a                                                               
bill  related  to child  pornography,  that  the state  does  not                                                               
currently have personnel resources  dedicated to actively finding                                                               
people who  post explicit content  online. However,  when someone                                                               
fixes  a computer  or an  internet service  provider "red  flags"                                                               
exploitive  content, Alaska  does  conduct  an investigation.  He                                                               
applauded the Department of Public  Safety (DPS) for working with                                                               
local  law enforcement  through  a  multi-agency Internet  Crimes                                                               
Against Children Task Force. He  supported the intent language to                                                               
proactively seek  information on online exploitation  of children                                                               
as  worthwhile. He  pointed out  that  this effort  would have  a                                                               
budgetary impact.                                                                                                               
                                                                                                                                
SENATOR  MICCICHE said  he appreciated  this  change. He  related                                                               
that the  Senate Finance [Standing]  Committee is  evaluating the                                                               
cost, but he  plans on putting it in the  Senate's version of the                                                               
budget. He said he would meet  with the DPS commissioner to get a                                                               
better idea of the program.                                                                                                     
                                                                                                                                
1:40:24 PM                                                                                                                    
CHAIR HUGHES  advised the public  that a publication by  the U.S.                                                               
Department  of Justice  related  to child  pornography is  posted                                                               
online. She  explained that  she met with  DPS and  learned about                                                               
the  dark  web.  It  takes   special  skills  to  pinpoint  these                                                               
activities, she said. Many of the  changes in SB 35 would tighten                                                               
penalties  for sexual  crimes against  children. She  appreciated                                                               
the intent language.  She would like pedophiles to  know they are                                                               
not welcome in Alaska.                                                                                                          
                                                                                                                                
1:41:32 PM                                                                                                                    
SENATOR MICCICHE  recalled that Chair Hughes  reported that child                                                               
pornography is not  illegal in 55 countries. Whenever  there is a                                                               
market,  there  will  be  some to  provide  that  product,  [that                                                               
legality is  not the  issue]. He  offered his  belief that  SB 35                                                               
would help identify perpetrators of these crimes.                                                                               
                                                                                                                                
1:42:06 PM                                                                                                                    
RAMIN  DUNFORD, Sergeant,  Department  of  Public Safety,  stated                                                               
that he  is the  supervisor of the  four Internet  Crimes Against                                                               
Children   Task  Force   investigators,  one   computer  forensic                                                               
examiner civilian, and one mobile  forensic examiner civilian. He                                                               
also supervises the  Financial Crimes Unit. In  response to Chair                                                               
Hughes, he reported that in the  last 30 days the unit discovered                                                               
one  network with  42  independent IP  addresses  in Alaska  that                                                               
actively contained images of sexually exploited children.                                                                       
                                                                                                                                
1:43:42 PM                                                                                                                    
MR. WHITT reviewed Section 2.                                                                                                   
                                                                                                                                
    Section    2:   Added    section   which    amends   AS                                                                     
     11.41.420(a)(3) to revise the mental state for sexual                                                                      
     assault in the second  degree when the offender engages                                                                    
     in penetration with someone  who is mentally incapable,                                                                    
     incapacitated  or unaware  that a  sexual act  is being                                                                    
     committed (Page 3, Line 19 through 23).                                                                                    
                                                                                                                                
     Section 3:  Added section which amends  AS 11.41.425(a)                                                                    
     to revise  the mental state  for sexual assault  in the                                                                    
     third  degree  when  the  offender  engages  in  sexual                                                                    
     contact  with   someone  who  is   mentally  incapable,                                                                    
     incapacitated  or unaware  that a  sexual act  is being                                                                    
     committed (Page 4, Line 1 through 5).                                                                                      
                                                                                                                                
MR. WHITT explained that these  changes were suggested by Senator                                                               
Reinbold.  Section 2  would remove  language  that the  "offender                                                               
knows" that  the victim is  mentally incapable. This means  it is                                                               
not an excuse when an offender  knows that the victim is mentally                                                               
incapable, incapacitated  or unaware that  a sexual act  is being                                                               
committed.                                                                                                                      
                                                                                                                                
1:45:17 PM                                                                                                                    
MR. WHITT reviewed Sections 6 and 7.                                                                                            
                                                                                                                                
     Section 6:  Added section which amends  AS 11.41.438(b)                                                                    
     adding that  the crime  of sexual abuse  of a  minor in                                                                    
     the third degree  is a class C  felony punishable under                                                                    
     AS  12.55.125(e) when  the offense  occurs outside  the                                                                    
     provisions  if section  (c) of  this  section (Page  5,                                                                    
     Line 5 through 8).                                                                                                         
                                                                                                                                
     Section 7:  New subsection AS 11.41.438(c)  that sexual                                                                    
     abuse of a  minor is a class C  felony punishable under                                                                    
     AS 12.55.125(i)  if the  victim is  at least  six years                                                                    
     younger than the offender (Page 5, Line 9 through 12).                                                                     
                                                                                                                                
MR.  WHITT reminded  members that  the committee  previously held                                                               
discussions on  the differences in  ages between  the perpetrator                                                               
and the  victim and  how it affects  criminal charges.  These two                                                               
sections provide  that the  penalty for  the crime  is a  class C                                                               
felony,  but  the  penalty  would  be  more  severe  if  the  age                                                               
difference is six years or more.                                                                                                
                                                                                                                                
SENATOR SHOWER  said that  an 18-year-old having  sex with  a 12-                                                               
year-old is  not acceptable. He  asked for  further clarification                                                               
on  the  age differences  between  the  victim and  offender  for                                                               
sexual abuse of a minor.                                                                                                        
                                                                                                                                
1:47:45 PM                                                                                                                    
JOHN  SKIDMORE,  Director,  Criminal  Division,  Central  Office,                                                               
Department of Law, Anchorage, stated  the law for sexual abuse of                                                               
a minor in the  third degree is when the victim  is age 13,14, or                                                               
15 and a  four-year age difference occurs between  the victim and                                                               
the offender. Mr. Whitt described  the penalties are greater with                                                               
a six-year-age  difference, but the  threshold remains  as stated                                                               
for sexual abuse of a minor in the third degree.                                                                                
                                                                                                                                
CHAIR HUGHES asked for further  clarification that there would be                                                               
a stiffer penalty an 18-year-old having sex with a 12-year-old.                                                                 
                                                                                                                                
MR. SKIDMORE said having sex  with a 12-year-old would constitute                                                               
sexual abuse  of a minor in  the second degree and  would carry a                                                               
greater penalty. However, this bill does not address that crime.                                                                
                                                                                                                                
1:49:43 PM                                                                                                                    
SENATOR MICCICHE  asked for further  clarification on the  age of                                                               
consent.                                                                                                                        
                                                                                                                                
MR. SKIDMORE  explained that the  age of  consent is 16  years of                                                               
age. The  Alaska statutes  break victims  into groups:  under the                                                               
age of  12 carried the most  stringent penalties, ages 13  to 16,                                                               
carries  a  slightly  lower  penalty   so  long  as  the  age  is                                                               
appropriate  between the  victim  and the  offender.  He said  he                                                               
hoped  to put  together a  chart  to better  clarify the  penalty                                                               
provisions.                                                                                                                     
                                                                                                                                
SENATOR MICCICHE agreed a chart  would be helpful. He related his                                                               
understanding  that a  three-year  age difference  would be  more                                                               
serious than if the victim was  17 years old and the offender was                                                               
18 years old.                                                                                                                   
                                                                                                                                
MR.  SKIDMORE said  that sexual  activity between  an 18-year-old                                                               
and 17-year-old would not fall  under sexual abuse of minor since                                                               
it is above the age of  consent. The department would evaluate as                                                               
to  whether  the  activity  was without  consent.  He  related  a                                                               
scenario with an  18-year-old offender and a  16-year old victim,                                                               
which would fall under the sexual assault statutes.                                                                             
                                                                                                                                
SENATOR  MICCICHE asked  whether the  penalty would  be different                                                               
for an 18-year-old perpetrator and a 15-year old victim or a 17-                                                                
year-old perpetrator and a 14-year-old victim since the 18-year-                                                                
old would be an adult.                                                                                                          
                                                                                                                                
MR.  SKIDMORE responded  that  two provisions  of  law come  into                                                               
play. First,  the scenario indicates  a 3-year-age  difference so                                                               
it would not fall under sexual  abuse of a minor. However, if the                                                               
ages in the  scenario slightly increased and  the perpetrator was                                                               
17 years old  and the victim was 13 years  old or the perpetrator                                                               
was 18 years old and the victim  was 14 years old, there would be                                                               
a four-year age  difference. The question would  be whether those                                                               
juveniles  would be  charged in  adult court.  It would  not fall                                                               
under  an automatic  waiver unless  it was  considered a  class A                                                               
felony  offense or  an  unclassified  felony. That  determination                                                               
would  be made  based on  whether penetration  or sexual  contact                                                               
occurred.  He said  that an  18-year-old would  be treated  as an                                                               
adult and a  17-year-old would be treated as a  juvenile. He said                                                               
that sexual  abuse of a  minor is a class  B felony, so  it would                                                               
not fall  under an  automatic waiver.  Thus, the  two individuals                                                               
would be treated differently, he said.                                                                                          
                                                                                                                                
1:54:53 PM                                                                                                                    
SENATOR KIEHL  recalled that  the penalty for  sexual abuse  of a                                                               
minor was a class C felony.                                                                                                     
                                                                                                                                
MR.  SKIDMORE clarified  the difference  in felony  penalties for                                                               
sexual abuse of a  minor. The crime would be a  class B felony if                                                               
the crime included  sexual penetration and it would be  a class C                                                               
felony if the crime included sexual contact.                                                                                    
                                                                                                                                
SENATOR KIEHL  directed attention to  the proposed changes  in SB                                                               
35. He related  his understanding that the crime  of sexual abuse                                                               
of a minor  in the third degree was not  one involving force, but                                                               
it  was a  crime  because the  age difference  is  too great  for                                                               
consent to be allowed.                                                                                                          
                                                                                                                                
MR. SKIDMORE answered yes.                                                                                                      
                                                                                                                                
SENATOR  KIEHL  referred to  Section  7  to  the 6-year  age  gap                                                               
between  the  perpetrator  and  the victim.  He  noted  the  more                                                               
stringent penalty.  He asked whether  the penalty for  that crime                                                               
would include registration as a sex offender.                                                                                   
                                                                                                                                
MR. SKIDMORE answered yes.                                                                                                      
                                                                                                                                
SENATOR  KIEHL and  Chair Hughes  agreed  that a  chart would  be                                                               
helpful.                                                                                                                        
                                                                                                                                
1:57:32 PM                                                                                                                    
MR. WHITT reviewed Section 11.                                                                                                  
                                                                                                                                
       Section 11: Amends AS 11.41.455(c) increasing the                                                                        
     criminal classification for unlawful exploitation of a                                                                     
     minor (Page 5, Line 28 through Page 6, Line 5).                                                                            
                                                                                                                                
MR. WHITT highlighted the current penalties:                                                                                    
                                                                                                                                
   • The first offense of exploitation of a minor is a class B                                                                  
     felony                                                                                                                     
   • The second offense of exploitation of a minor is a class A                                                                 
     felony.                                                                                                                    
                                                                                                                                
Under  SB  35,  Version  K,  the  penalties  would  increase,  as                                                               
follows:                                                                                                                        
                                                                                                                                
   • The first offense of unlawful exploitation of a minor would                                                                
     be a class A felony; and                                                                                                   
                                                                                                                                
   • The penalty for the minor being exploited who is under the                                                                 
     age of 13 would be an unclassified felony.                                                                                 
                                                                                                                                
In response to Chair Hughes,  he confirmed that the penalties for                                                               
exploitation of a minor under the age of 13, were as follows:                                                                   
                                                                                                                                
   • The penalty for exploitation of a minor under the age of 13                                                                
     would be an unclassified felony; and                                                                                       
                                                                                                                                
   • The second offense for exploitation of a minor under the                                                                   
     age of 13 would also be an unclassified felony.                                                                            
                                                                                                                                
SENATOR  SHOWER  asked  whether  jurisdiction  means  Alaska  and                                                               
includes offenders convicted in other states.                                                                                   
                                                                                                                                
MR. WHITT explained  that topic would be addressed  in Section 22                                                               
of SB 35.                                                                                                                       
                                                                                                                                
1:59:44 PM                                                                                                                    
CHAIR  HUGHES  remarked  that  an  unclassified  felony  is  very                                                               
serious.  However,  as  the  legislature  toughens  its  criminal                                                               
penalties, it  should keep in  mind penalties for  crimes against                                                               
children  in  other  jurisdictions.  For  example,  in  Oklahoma,                                                               
offenders  convicted of  any  offense of  forcible  anal or  oral                                                               
sodomy rape,  rape by instrumentation,  or lewd molestation  of a                                                               
child  under the  age of  14  shall be  punished by  death or  by                                                               
imprisonment for  life without  parole. She  asked the  record to                                                               
reflect this consideration.                                                                                                     
                                                                                                                                
2:00:45 PM                                                                                                                    
MR.  WHITT added  that Section  11 was  added at  the request  of                                                               
several members, including Senator Reinbold.                                                                                    
                                                                                                                                
2:01:09 PM                                                                                                                    
MR. WHITT reviewed Section 12.                                                                                                  
                                                                                                                                
     Section  12:  Amends  AS 11.41.458(b)  which  clarifies                                                                    
     that indecent exposure  in the first degree  is a class                                                                    
     B  felony when  the offense  occurs  in the  view of  a                                                                    
     minor under  16 years of  age (Page 6, Line  18 through                                                                    
     21).                                                                                                                       
                                                                                                                                
2:01:31 PM                                                                                                                    
SENATOR KIEHL asked for further  clarification on the penalty for                                                               
indecent exposure in  the first degree. He referred  to lines 20-                                                               
21  and asked  whether the  class B  felony is  for the  first or                                                               
second offense.                                                                                                                 
                                                                                                                                
CHAIR HUGHES, reading from her  notes, reviewed the penalties for                                                               
indecent exposure, as follows:                                                                                                  
                                                                                                                                
   • Indecent exposure in the second degree plus masturbation,                                                                  
     when the victim is 16 years of age or older would be a                                                                     
     class C felony;                                                                                                            
                                                                                                                                
   • Indecent exposure in the second degree plus masturbation                                                                   
     when the victim is 15 years of age or younger, would be a                                                                  
     class B felony;                                                                                                            
                                                                                                                                
   • Indecent exposure in the second degree when the offender                                                                   
     has a prior conviction for indecent exposure and the victim                                                                
     is 16 years of age or older, would be a class C felony; and                                                                
                                                                                                                                
   • Indecent exposure in the second degree when the offender                                                                   
     has a prior conviction for indecent exposure and the victim                                                                
    is 15 years of age or younger would be a class B felony.                                                                    
                                                                                                                                
MR. SKIDMORE  responded that he  believed the  penalty provisions                                                               
stated  were  correct. He  confirmed  that  the determination  of                                                               
penalties for a  class B felony or a class  C felony would depend                                                               
on  the age  of the  victim.  However, indecent  exposure in  the                                                               
first degree  is dependent upon  one of two factors,  whether the                                                               
crime also included  masturbation or if it was  a second indecent                                                               
offense. Finally,  as Chair Hughes  indicated, the  penalty would                                                               
change based on the victim's age.                                                                                               
                                                                                                                                
2:03:48 PM                                                                                                                    
SENATOR  KIEHL expressed  concern  because  the penalties  seemed                                                               
disproportionate. He acknowledged that a  person streaking in the                                                               
view of a high school would  be engaging in criminal activity and                                                               
must be  prosecuted. However,  he was  unsure that  the penalties                                                               
for these  crimes were  on par  with other  class B  felonies. He                                                               
said he  viewed indecent exposure  as being in a  different class                                                               
than the crime  of sexual penetration of a minor.  In response to                                                               
Chair  Hughes,  he  confirmed  his  scenario  involved  a  person                                                               
streaking in the view of a high school.                                                                                         
                                                                                                                                
REGINA  LARGENT,  Staff,  Senator Shelley  Hughes,  Alaska  State                                                               
Legislature, Juneau, stated that  indecent exposure in the second                                                               
degree  involves the  exposure of  genitals. She  reiterated that                                                               
the distinction  of a class  C felony  was related to  adding the                                                               
sexual  act  of  masturbation  to  the  crime.  The  penalty  was                                                               
increased to a  class B felony when  a person who is  15 years or                                                               
younger  was exposed  to  genitals plus  a sexual  act  or if  it                                                               
pertained  to a  repeat offender.  She emphasized  that a  repeat                                                               
offender created a demonstrable danger to children.                                                                             
                                                                                                                                
2:05:56 PM                                                                                                                    
MR. WHITT  explained that Sections  14 through 18 all  pertain to                                                               
the  crime of  indecent viewing  or production  of a  picture. He                                                               
reviewed Section 14.                                                                                                            
                                                                                                                                
      Section 14: Amends AS 11.61.123(a) for the crime of                                                                       
      indecent viewing or production of a picture (Page 7,                                                                      
     Lines 13 through 30).                                                                                                      
                                                                                                                                
MR. WHITT  said the language  "production of a  picture" replaces                                                               
the language  "photography" in current statute.  Section 14 would                                                               
remove  the ability  for  the  minor and  parent  to consent  for                                                               
viewing or  production of  a picture. It  specifies that  a crime                                                               
occurs any  time that the person  viewed or produces an  image of                                                               
someone under  the age of  16. He said  that someone 16  years of                                                               
age and over can give consent.  However, it is a crime if consent                                                               
is  not  given  for  the  indecent viewing  or  production  of  a                                                               
picture.                                                                                                                        
                                                                                                                                
MR. WHITT skipped ahead to Section 17.                                                                                          
                                                                                                                                
    Section   17:    Amends   AS   11.61.123(f)    to   add                                                                     
      classifications for the crime of indecent viewing or                                                                      
     production of a picture (Page 8, Line 10 through 28).                                                                      
                                                                                                                                
MR. WHITT reviewed the penalties:                                                                                               
                                                                                                                                
   • Indecent viewing or production of a picture is a class B                                                                   
     felony if the victim is a minor;                                                                                           
                                                                                                                                
   • Indecent viewing or production of a picture is a class C                                                                   
     felony if the victim is a minor 16 years of age or over;                                                                   
     and                                                                                                                        
                                                                                                                                
   • Indecent viewing or production of a picture if the victim                                                                  
     is an adult is a class A misdemeanor.                                                                                      
                                                                                                                                
MR.  WHITT said  Section 15  would provide  a carve  out for  law                                                               
enforcement conducting  their duties. Section 16  would provide a                                                               
defense for  lawful surveillance systems or  crime prevention for                                                               
prosecution.  Section 18  would allow  lawful interaction  with a                                                               
child for physical or mental health reasons, he said.                                                                           
                                                                                                                                
2:08:39 PM                                                                                                                    
SENATOR SHOWER  asked whether  the defense  provision established                                                               
in  Sections   15-16  should   state  reproduction   rather  than                                                               
production or  if the semantics  matter if the material  is being                                                               
reproduced.                                                                                                                     
                                                                                                                                
MR. SKIDMORE  answered no. He  said he  would like to  verify the                                                               
definition  of  "production"  to   ensure  that  it  is  correct.                                                               
However, he  offered his  belief that  production means  any time                                                               
the image is produced,  whether it is the first time  or if it is                                                               
being "remade".                                                                                                                 
                                                                                                                                
SENATOR  SHOWER asked  the record  to reflect  that a  discussion                                                               
related  to producing  or reproducing  photographs or  images was                                                               
held.                                                                                                                           
                                                                                                                                
2:10:15 PM                                                                                                                    
MS. LARGENT recapped the classifications  for indecent viewing or                                                               
production of a picture. She  reviewed the penalties for indecent                                                               
viewing or  production of  a picture in  Version K.  She reviewed                                                               
the penalty  provisions for indecent  viewing or production  of a                                                               
picture:                                                                                                                        
                                                                                                                                
   • Indecent viewing of a minor is a class C felony;                                                                           
                                                                                                                                
   • Indecent viewing of an adult is a class A misdemeanor;                                                                     
                                                                                                                                
   • Indecent production of a picture of an adult is a class C                                                                  
     felony; and                                                                                                                
                                                                                                                                
   • Indecent production of a picture of a minor is a class B                                                                   
     felony.                                                                                                                    
                                                                                                                                
2:11:03 PM                                                                                                                    
SENATOR KIEHL  said he appreciated that  this provision addressed                                                               
concerns about parental  consent that were raised  during a prior                                                               
hearing. He  asked for  further clarification  on how  this would                                                               
affect 15-year old students sending  and sharing naked selfies to                                                               
one another.                                                                                                                    
                                                                                                                                
MR.  WHITT  explained  that  staff   held  discussions  with  the                                                               
Department  of Law,  including Ms.  Largent,  and the  department                                                               
worked  on  carve  out  language to  avoid  charging  minors  for                                                               
sharing explicit  images with one  another. However,  the feeling                                                               
was that allowing  explicit images to be shared  would be sending                                                               
the wrong  message to teens.  Secondly, the  department indicated                                                               
it does  not prosecute consensual  sharing of images  between two                                                               
minors as  per advice from  the [National Center for  Missing and                                                               
exploited Children]. Further, this crime  would be one that would                                                               
fall  under  the [Division  of  Juvenile  Justice, Department  of                                                               
Health and Social Services].                                                                                                    
                                                                                                                                
MS. LARGENT commented that she had nothing more to add.                                                                         
                                                                                                                                
MR. SKIDMORE  confirmed that the conduct  Senator Kiehl described                                                               
would be referred  to the Division of Juvenile  Justice. He added                                                               
that the  DJJ's statistics indicate  very few of these  cases, in                                                               
the single digits, result in any action.                                                                                        
                                                                                                                                
SENATOR KIEHL said he appreciated  the "best practices" approach.                                                               
He  asked what  level  of  offense the  department  would not  be                                                               
pursuing.                                                                                                                       
                                                                                                                                
MR.  SKIDMORE responded  that it  would be  evaluated on  whether                                                               
charges should be  filed against a juvenile under the  age of 16.                                                               
He elaborated that  the department would consider  whether it was                                                               
a private exposure, which means  a person exposed a person's body                                                               
or part  of a body  in a place  and under circumstances  that the                                                               
person reasonably believed would not  result in the person's body                                                               
or body  parts being  viewed by  the defendant  or produced  in a                                                               
picture or produced  in a photo. However, a person  cannot have a                                                               
reasonable  expectation  that the  photo  was  not taken  if  the                                                               
individual takes a selfie and sends it, he said.                                                                                
                                                                                                                                
SENATOR MICCICHE  suggested more time  might need to be  spent on                                                               
this provision because  he was not sure where the  photos end up.                                                               
For  example, these  photographs could  end  up on  a child  porn                                                               
site. He hoped  the activity would not ultimately  be ignored and                                                               
that it would  warrant the Division of Juvenile  Justice (DJJ) to                                                               
take  seriously  that  two   underage  individuals  were  sending                                                               
inappropriate photos to one another and not ignore it.                                                                          
                                                                                                                                
2:16:20 PM                                                                                                                    
CHAIR  HUGHES asked  Mr. Skidmore  whether the  situation of  two                                                               
teenagers taking a  private consensual photo and  one sharing the                                                               
photo with  a third person  could be  pursued with DJJ.  She also                                                               
asked if other laws would apply if  the photo were to appear on a                                                               
child porn site.                                                                                                                
                                                                                                                                
MR. SKIDMORE  offered a two-phased  answer. First, he  reread the                                                               
definition  of private  exposure,  which is  "exposed a  person's                                                               
body or  part of a body  in a place and  under circumstances that                                                               
the person reasonably  believed would not result  in the person's                                                               
body or body parts being viewed  by the defendant." If person (a)                                                               
did not reasonably believe that  person (c) would view the photo,                                                               
he believed that the law would provide for prosecution.                                                                         
                                                                                                                                
MR. SKIDMORE  said, secondly, the  question would be  whether the                                                               
photograph that was  posted in some other  location would qualify                                                               
as child  pornography. Although  he thought  it was  possible, he                                                               
recalled  that  the  definition  of  child  pornography  must  be                                                               
something slightly more  than a photograph of a  naked person. It                                                               
would need  to be based  on the facts  plus he would  aslo review                                                               
the definition  of child pornography to  make that determination,                                                               
he said.                                                                                                                        
                                                                                                                                
2:19:17 PM                                                                                                                    
SENATOR   MICCICHE  expressed   concern   that   some  of   these                                                               
photographs   end  up   in  suicides   and  other   very  serious                                                               
consequences. He related  a scenario in which a  teenage girl has                                                               
a boyfriend.  She thinks she  will marry  him, so she  decides to                                                               
send  an explicit  photograph of  herself to  her boyfriend.  The                                                               
boyfriend subsequently shows it to  the hockey team. That type of                                                               
behavior often destroys a teenage girl's life, he said.                                                                         
                                                                                                                                
He argued  it should only be  legal for adults to  share explicit                                                               
photographs. He questioned  whether the age of  consent should be                                                               
16 years  of age. He  characterized this issue as  unresolved and                                                               
problematic. Although  he said he did  not plan to hold  the bill                                                               
up because of this provision, more work needs to be done.                                                                       
                                                                                                                                
CHAIR HUGHES  asked for further  clarification from  Mr. Skidmore                                                               
on the above scenario.                                                                                                          
                                                                                                                                
MR. SKIDMORE agreed that the  boyfriend sharing an explicit image                                                               
with the  hockey team would  result in criminal  behavior because                                                               
the victim would  have a reasonable belief  that photograph would                                                               
not be  viewed by another. He  clarified that it would  apply not                                                               
only to  the viewing but also  to production since the  image was                                                               
passed on to the team.                                                                                                          
                                                                                                                                
2:21:12 PM                                                                                                                    
SENATOR MICCICHE said that what seems  to be missing is a lack of                                                               
consequences for  the initial production and  distribution of the                                                               
image to another  young person. Once the photo  is distributed it                                                               
is too  late because  the damage  is done. If  the person  is too                                                               
young to consent to sexual  activity the individual should not be                                                               
able to consent to sexually explicit photographs, he said.                                                                      
                                                                                                                                
CHAIR  HUGHES related  her  understanding  that Senator  Micciche                                                               
would like  it to be  a crime  before the explicit  photograph is                                                               
shown to the hockey team.                                                                                                       
                                                                                                                                
MR. WHITT  referred to  language on  pages 22-23,  line 9,  to AS                                                               
47.17.020(e). He  explained that language was  added that relates                                                               
to criminal conduct.  The department must notify  the nearest law                                                               
enforcement agency if the  department suspects criminal activity.                                                               
He said  that subparagraph  (A) lists a  number of  statutes that                                                               
this  applies   to,  including  AS  11.41.410-11.41.458   and  AS                                                               
11.61.116. These statutes  refer to sending an  explicit image of                                                               
a minor,  harassment in  the first degree  with contact  over the                                                               
clothing,  harassment  in  the second  degree  specifically  with                                                               
photographs  and pictures,  indecent viewing  or production  of a                                                               
picture,  and  distribution  of   indecent  material  to  minors.                                                               
Further,  this  provision  specifically  states,  "including  sex                                                               
offenses  committed by  a minor  against a  minor." He  said that                                                               
when someone  in the Department  [of Health and  Social Services]                                                               
becomes aware of  this conduct, the person is  required to report                                                               
it   to  the   nearest   law  enforcement   agency  for   further                                                               
investigation.                                                                                                                  
                                                                                                                                
2:23:30 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:29:59 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
2:30:32 PM                                                                                                                    
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Legal  Services Section,  Department  of  Law, Juneau,  suggested                                                               
that  some confusion  might be  arising from  one change  made to                                                               
Section 14,  where the age  of consent was  raised from 13  to 16                                                               
years of age.                                                                                                                   
                                                                                                                                
She said that  the committee previously expressed  concern that a                                                               
parent could consent  to the private exposure of  an older child.                                                               
[Under Version  K] subsection  (a) of  Section 14  reads, "anyone                                                               
under  the age  of 16  cannot consent  to the  private exposure."                                                               
However, as Mr.  Skidmore pointed out "private  exposure" means a                                                               
person exposed a person's  body or part of a body  in a place and                                                               
under  circumstances that  the person  reasonably believed  would                                                               
not result  in the person's  body or  body parts being  viewed by                                                               
the defendant or produced in a picture."                                                                                        
                                                                                                                                
MS.  SCHROEDER  said  that  definition  could  potentially  imply                                                               
consent  because  the  individual  sending the  image  could  not                                                               
reasonably expect  others not  to view  the image.  She suggested                                                               
that  the   committee  could  consider  adjusting   the  language                                                               
"private exposure"  to clarify  that anyone under  the age  of 16                                                               
cannot consent.  She suggested  that would  make Section  14 work                                                               
harmoniously.                                                                                                                   
                                                                                                                                
CHAIR HUGHES  clarified that  had been  her intention  all along.                                                               
She  said  that  she  supports adjusting  the  language  and  the                                                               
definition.                                                                                                                     
                                                                                                                                
SENATOR  MICCICHE  agreed but  said  he  would  like to  see  the                                                               
specific  language. He  suggested that  teenagers ages  16 to  18                                                               
years might be  smarter about what they are  doing to themselves.                                                               
However, one could argue they might  not be smarter. He related a                                                               
scenario that teenagers  playing doctor is one  thing but sending                                                               
the photograph to  someone else could have  much more significant                                                               
results. He  reminded members of  reports of  suicides throughout                                                               
the U.S. because  teens just do not think  about the consequences                                                               
of their actions.                                                                                                               
                                                                                                                                
CHAIR  HUGHES suggested  that the  Division  of Juvenile  Justice                                                               
could address  this by  creating a  learning opportunity  for the                                                               
young person.  The person could  learn the ramifications  of what                                                               
that type of behavior would be for adults.                                                                                      
                                                                                                                                
MR. WHITT skipped Section 18. The explanation reads as follows:                                                                 
                                                                                                                                
     Section 18:  Adds a new  subsection AS  11.61.123(g) to                                                                    
     provide for  exceptions crimes  of Indecent  Viewing or                                                                    
     Production of a  Picture (Page 8, Line  29 through Page                                                                    
     9, Line 4).                                                                                                                
                                                                                                                                
2:34:02 PM                                                                                                                    
MR. WHITT reviewed Section 19.                                                                                                  
                                                                                                                                
     Section  19:  Amends  AS  11.81.900(b)  to  add  a  new                                                                    
     paragraph defining semen (Page 9, Line 5 through 7).                                                                       
                                                                                                                                
He referred to  a letter in members' packets  from the Department                                                               
of Public Safety's forensic laboratory  [dated February 26, 2019]                                                               
that had  a scientific definition  of semen. That  definition was                                                               
added to Section 19.                                                                                                            
                                                                                                                                
2:34:49 PM                                                                                                                    
SENATOR KIEHL  expressed his appreciation  for the  definition of                                                               
semen since the  lab also answered questions on  semen along with                                                               
the fact that  there is not any lab test  for vaginal secretions.                                                               
He thought it would be helpful to  have the letter as part of the                                                               
packet for  SB 12, which  is a bill  that would close  the Justin                                                               
Schneider  loophole.  He  characterized  it as  a  very  valuable                                                               
letter  that   could  answer   any  potential   equal  protection                                                               
challenges.                                                                                                                     
                                                                                                                                
2:35:28 PM                                                                                                                    
MR. WHITT reviewed Section 20.                                                                                                  
                                                                                                                                
     Section  20:  Amends  AS  12.55.015  by  adding  a  new                                                                    
     subsection  specifying that  in the  cases of  domestic                                                                    
     violence or sex  crimes, there is a  presumption by the                                                                    
     court of  a no  contact order (Page  9, Line  8 through                                                                    
     14).                                                                                                                       
                                                                                                                                
MR. WHITT  explained that  this change  was requested  by Senator                                                               
Kiehl. The  previous language had  a presumption of  a protective                                                               
order for  any crimes,  which was  fixed with  a reference  to AS                                                               
12.63.100 and AS 18.66.990.                                                                                                     
                                                                                                                                
2:36:15 PM                                                                                                                    
                                                                                                                                
MR. WHITT reviewed Section 21.                                                                                                  
                                                                                                                                
     Section 21:  Amends AS  12.55.125(i) to  add conforming                                                                    
     sentencing  guidelines  for   the  crimes  of  unlawful                                                                    
     exploitation  of  a  minor, indecent  exposure  in  the                                                                    
     first  degree, sexual  abuse of  a minor  in the  third                                                                    
     degree,  and  indecent  viewing   or  production  of  a                                                                    
     picture (Page 9, Line 15 through Page 12, Line 23).                                                                        
                                                                                                                                
MR.  WHITT  explained that  this  provision  would also  increase                                                               
presumptive   sentencing  ranges   for   distribution  of   child                                                               
pornography. The presumptive sentencing  ranges are listed in the                                                               
following sections of SB 35:                                                                                                    
                                                                                                                                
   • Unlawful exploitation for a minor is referenced in Section                                                                 
     11.                                                                                                                        
                                                                                                                                
   • Indecent exposure in the first degree is listed in Section                                                                 
     12. Sexual abuse of a minor in the third degree is listed                                                                  
     in Sections 6 and 7.                                                                                                       
                                                                                                                                
   • Indecent viewing or production of a picture as described in                                                                
     Sections 14 and 17.                                                                                                        
                                                                                                                                
MR. WHITT  referred to changes  in Section  21, on page  11, line                                                               
12,  that would  increase the  presumptive sentencing  ranges for                                                               
distribution of child pornography.                                                                                              
                                                                                                                                
2:37:32 PM                                                                                                                    
CHAIR HUGHES expressed  concern that the penalties  in Alaska may                                                               
be too lenient  and might invite some unsavory  people to Alaska.                                                               
She  explained   that  those  involved  in   the  production  and                                                               
development  of child  pornography  websites  should be  punished                                                               
more harshly. SB 35 would toughen up penalties, she said.                                                                       
                                                                                                                                
MS. LARGENT asked  the record to reflect that  she, Senator Kiehl                                                               
and the  Department of Law  met with Sergeant Dunford  who helped                                                               
educate  them  on  peer-to-peer networks  and  mass  distribution                                                               
schemes. She deferred to Sergeant Dunford to further explain.                                                                   
                                                                                                                                
2:40:13 PM                                                                                                                    
SERGEANT DUNFORD explained that  peer-to-peer networks consist of                                                               
computers that  share files. Other  computers within  the network                                                               
provide  a table  of  contents  for users  to  access and  locate                                                               
specific files.  The computer  can make  a direct  connection and                                                               
share  the  file  to  the requesting  computer.  Other  types  of                                                               
networks share files in different ways, he said.                                                                                
                                                                                                                                
CHAIR HUGHES  related her understanding that  sharing information                                                               
located on  these folders would  not be  considered "accidental."                                                               
She  offered her  belief that  it could  indicate a  person is  a                                                               
member of a pedophile ring.                                                                                                     
                                                                                                                                
SERGEANT DUNFORD clarified that  he was referring to peer-to-peer                                                               
networks, in  which computers are sharing  files. He acknowledged                                                               
that  people could  accidentally  download  explicit images  when                                                               
searching for music. However, if  the person deleted the explicit                                                               
material   and  notified   law  enforcement,   it  would   be  an                                                               
affirmative defense.                                                                                                            
                                                                                                                                
CHAIR  HUGHES  asked  for   further  clarification  that  sharing                                                               
folders  would not  be considered  accidental and  would indicate                                                               
nefarious activity.                                                                                                             
                                                                                                                                
SERGEANT DUNFORD  explained that these networks  have the ability                                                               
to efficiently receive and send  files. If someone chooses not to                                                               
share,  the  system  would throttle  the  computer's  ability  to                                                               
receive  information, which  encourages sharing.  He acknowledged                                                               
that it would  be clear to the user that  the program is designed                                                               
to share  files and the user  agreement states the nature  of the                                                               
program.                                                                                                                        
                                                                                                                                
CHAIR HUGHES wondered what defense  someone who did not intend to                                                               
download the explicit images would  have. She asked the record to                                                               
reflect that the  sites on the dark web are  not registered. This                                                               
means a  person who instituted  a "Google" search would  not pull                                                               
up the  dark website. The  user would  need to know  the specific                                                               
name of the dark website, she said.                                                                                             
                                                                                                                                
2:45:08 PM                                                                                                                    
SENATOR KIEHL asked  whether these sharing programs  are the only                                                               
way  that people  receive images.  He  related his  understanding                                                               
that other ways exist on the dark web to receive them.                                                                          
                                                                                                                                
SERGEANT DUNFORD answered  yes. He referred to a  2015 study that                                                               
showed  60,092 specific  URLs and  442  newsgroups contain  child                                                               
sexual abuse images.                                                                                                            
                                                                                                                                
SENATOR KIEHL said  he supports the approach. He  said he thought                                                               
that the language in the bill was appropriate.                                                                                  
                                                                                                                                
2:46:27 PM                                                                                                                    
SENATOR  MICCICHE said  he likes  old  Ford pickups  and goes  on                                                               
internet sites  looking for  photos and  parts. He  asked whether                                                               
that  activity  was similar  to  the  peer-to-peer networks.  For                                                               
example, he has posted photographs of his 1979 Ford on sites.                                                                   
                                                                                                                                
SERGEANT  DUNFORD  explained  that  when the  person  performs  a                                                               
Google search on  the internet to search  for something specific,                                                               
such  as a  bezel  for a  headlight, the  chances  of the  person                                                               
accessing  one of  the  URLS  on the  dark  web  is unlikely.  He                                                               
explained that as  a person continues to search,  the chances are                                                               
the topics will be less and less related and relevant.                                                                          
                                                                                                                                
SENATOR MICCICHE said that he  participates in a group that likes                                                               
old trucks. He  asked whether that would site  would constitute a                                                               
peer-to-peer  site.  He  was not  concerned  about  inadvertently                                                               
accessing  a dark  web  site.  Instead he  would  like to  better                                                               
understand if it is the same type of technology, he said.                                                                       
                                                                                                                                
SERGEANT DUNFORD  answered no; that  the type of  registered site                                                               
Senator Micciche is using is not part  of the dark web. That is a                                                               
registered site on the internet and not the dark web, he said.                                                                  
                                                                                                                                
CHAIR HUGHES asked  whether the basic structure for  the dark web                                                               
works in the same manner,  even though Senator Micciche's site is                                                               
legit.                                                                                                                          
                                                                                                                                
SERGEANT  DUNFORD answered  that the  peer-to-peer networks  work                                                               
differently. The files  on the dark web are  shared from computer                                                               
to computer. The photographs are  sent to the webserver where the                                                               
form is kept, all of which is part of the dark web.                                                                             
                                                                                                                                
SENATOR MICCICHE  related his understanding  that someone  who is                                                               
actively sharing  explicit photos and  child porn is  someone who                                                               
is actively seeking out this material and it is not accidental.                                                                 
                                                                                                                                
SERGEANT DUNFORD answered yes, absolutely.  He said evidence that                                                               
supports  child  pornography  begins  with the  fact  that  these                                                               
images are  on a  secret computer. It  indicates that  people are                                                               
purposefully  looking  for  these  materials. He  said  that  the                                                               
investigators  also find  evidence  in the  person's web  browser                                                               
history. The evidence  is not just an image on  a computer, but a                                                               
compilation of  the things  that support that  the person  had an                                                               
interest in viewing images of sexually abused children.                                                                         
                                                                                                                                
2:52:15 PM                                                                                                                    
MR. WHITT reviewed Section 22.                                                                                                  
                                                                                                                                
     Section  22:  Amends  AS  12.55.145(a)  to  add  a  new                                                                    
     subsection  to  specify  that,   for  the  purposes  of                                                                    
     considering  prior sentences  when imposing  a sentence                                                                    
     of  imprisonment, a  crime occurring  in another  state                                                                    
     that is  similar to a crime  in the state of  Alaska is                                                                    
     considered  a  prior  conviction   (Page  14,  Line  18                                                                    
     through 21).                                                                                                               
                                                                                                                                
MR.  WHITT explained  that this  provision  addresses a  question                                                               
Senator Shower  previously had related to  consideration of prior                                                               
convictions.                                                                                                                    
                                                                                                                                
2:52:56 PM                                                                                                                    
MR. WHITT reviewed Section 24.                                                                                                  
                                                                                                                                
     Section  24:  Amends  AS 12.55.185(16)  to  add  sexual                                                                    
     abuse of a  minor in the third degree if  the victim is                                                                    
     at  least  six  years  younger than  the  offender  and                                                                    
     indecent  viewing or  production of  a picture,  to the                                                                    
     definition  of  "sexual  felony"   (Page  15,  Line  16                                                                    
     through 25).                                                                                                               
                                                                                                                                
He said the language in Section  24 was changed during a previous                                                               
hearing.  However, he  anticipated that  a forthcoming  amendment                                                               
would change  language on line 19,  related to sexual abuse  of a                                                               
minor in the third degree,  to reference AS 18.41.438 and specify                                                               
that the victim is at least  six years younger than the offender.                                                               
He  characterized the  proposed  amendment  as technical  cleanup                                                               
language.                                                                                                                       
                                                                                                                                
2:53:46 PM                                                                                                                    
MR. WHITT reviewed Section 25.                                                                                                  
                                                                                                                                
     Section  25:  Amends  AS  12.61.050  by  adding  a  new                                                                    
     subsection directing  the Department of  Corrections to                                                                    
     include in the Victim  Notification System that victims                                                                    
     of  domestic  violence  or  sexual  offenses  shall  be                                                                    
     informed of  their rights to secure  a protective order                                                                    
     and that  certain state victim resources  are available                                                                    
     to them (Page 15, Line 26 through [Page 16] Line 5).                                                                       
                                                                                                                                
He  explained  that  Senator Kiehl  requested  this  change,  but                                                               
Senator  Reinbold added  the request  that  certain state  victim                                                               
resources be made available to those victims.                                                                                   
                                                                                                                                
2:54:42 PM                                                                                                                    
MR. WHITT reviewed Section 31.                                                                                                  
                                                                                                                                
     Section  31:  Amends   AS  44.23.020(k)  with  specific                                                                    
     language  change requests  for the  tool which  will be                                                                    
     used that  will be developed  by the Department  of Law                                                                    
     for  tracking  felony sex  offenses  (Page  21, Line  6                                                                    
     through 19 ).                                                                                                              
                                                                                                                                
MR.  WHITT  explained that  this  is  cleanup language  that  the                                                               
committee  previously discussed.  It  would  direct the  attorney                                                               
general in consultation  with the Department of  Public Safety to                                                               
develop certain tools to track sex offenses in the state.                                                                       
                                                                                                                                
2:55:26 PM                                                                                                                    
MR. WHITT reviewed Section 32.                                                                                                  
                                                                                                                                
     Section  32:  Amends   AS  44.23.040(b)  with  specific                                                                    
     language to direct  the Department of Law  on data that                                                                    
     will be  reported on  sexual offenses  in the  state of                                                                    
     Alaska (Page 21, Line 20 through Page 22, Line 1).                                                                         
                                                                                                                                
He  explained that  that Section  32 was  amended during  a prior                                                               
committee, and  it was conceptually amended  by Senator Micciche.                                                               
This  language has  been  incorporated in  Section  32. It  would                                                               
clean up  four subsections of  the bill related to  the gathering                                                               
and reporting  of data.  In response to  Chair Hughes,  he agreed                                                               
that  this  issue  was  initially   brought  to  the  committee's                                                               
attention  by the  organization  Standing  Together Against  Rape                                                               
(STAR).                                                                                                                         
                                                                                                                                
2:56:07 PM                                                                                                                    
MR. WHITT reviewed Section 33.                                                                                                  
                                                                                                                                
     Section  33: Amends  AS 47.17.020(a)  to require  under                                                                    
     duty to  report law, that  if the harm against  a child                                                                    
     appears to  be the result  of a suspected  sex offense,                                                                    
     it must be  reported to law enforcement  (Page 22, Line                                                                    
     2 through 24).                                                                                                             
                                                                                                                                
MR. WHITT said  he anticipated a forthcoming  amendment to change                                                               
the  word "and"  to "or"  so the  person reporting  can make  the                                                               
determination,  through  training,   to  identify  suspected  sex                                                               
offense and  report directly  to law  enforcement rather  than to                                                               
two separate entities.                                                                                                          
                                                                                                                                
CHAIR HUGHES asked whether this  would give the reporter a choice                                                               
or require them to report.                                                                                                      
                                                                                                                                
MS. LARGENT stated that the  intent was to report suspected child                                                               
sexual abuse  to law  enforcement. However,  the language  in the                                                               
committee substitute,  Version K, included an  "and." This change                                                               
would  not give  the person  reporting the  offense a  choice but                                                               
would  allow   the  person  to  follow   standard  practices  and                                                               
procedures  when  child  abuse  is  suspected.  However,  if  the                                                               
suspected  abuse  was  sexual  in  nature  it  must  be  reported                                                               
immediately to law enforcement.  She characterized this provision                                                               
as correcting a drafting error.                                                                                                 
                                                                                                                                
CHAIR HUGHES  related her understanding  that this  would require                                                               
reporting suspected  child abuse  to law  enforcement and  not to                                                               
the  Office of  Children's  Services (OCS).  She emphasized  that                                                               
this  is  important  because  incidents   in  schools  should  be                                                               
reported to  law enforcement officers  and not to a  principal or                                                               
OCS.                                                                                                                            
                                                                                                                                
MR.  WHITT clarified  that the  language requires  the person  to                                                               
immediately report  any suspicions  of sexual  offenses regarding                                                               
children. He indicated the language on line 6 reads, "shall."                                                                   
                                                                                                                                
MS.  LARGENT  added that  this  would  not create  a  substantial                                                               
change in process.  Reports of neglect or abuse  can currently be                                                               
made  either to  the  Department of  Health  and Social  Services                                                               
(DHSS)  or  to  a  local  police  officer.  Currently,  mandatory                                                               
reporters, including  those involved in film,  internet services,                                                               
or  photographs, who  see sexual  exploitation  of children  must                                                               
immediately report it to law  enforcement. This effectively would                                                               
bring other  sexual abuse of  a minor  reports in line  with that                                                               
requirement.                                                                                                                    
                                                                                                                                
3:00:07 PM                                                                                                                    
CHAIR  HUGHES said  that not  only  would people  be required  to                                                               
report to law enforcement, but  this provision would also include                                                               
"sending  explicit images  of a  minor, harassment  in the  first                                                               
degree, sexual harassment in the  second degree, indecent viewing                                                               
or  photography, [and]  distribution  of indecent  material to  a                                                               
minor."                                                                                                                         
                                                                                                                                
SENATOR MICCICHE said that he  supports the proposed amendment as                                                               
it currently  reads. He expressed  concern that in some  parts of                                                               
the state people will not report  or are less likely to report to                                                               
law  enforcement. He  said at  least some  reporting would  occur                                                               
under  the current  requirements.  He said,  "Peter Miller  raped                                                               
babies for  30 years." He offered  his belief that if  people had                                                               
concerns, they  would likely  report them  to the  department. He                                                               
also thought they  would report suspected sexual  offenses to law                                                               
enforcement. He thought that the  current language would increase                                                               
the probability that at least some reporting would happen.                                                                      
                                                                                                                                
3:01:37 PM                                                                                                                    
SENATOR SHOWER asked for further  clarification on the department                                                               
that would receive the report.  He read, "immediately report harm                                                               
to the nearest office of the department."                                                                                       
                                                                                                                                
CHAIR HUGHES  answered it would  be the Department of  Health and                                                               
Social Services (DHSS).                                                                                                         
                                                                                                                                
MR. WHITT confirmed it was defined in statute.                                                                                  
                                                                                                                                
SENATOR  KIEHL asked  whether the  Office of  Children's Services                                                               
could  testify on  the shift  in the  approach from  DHSS to  law                                                               
enforcement.                                                                                                                    
                                                                                                                                
3:02:46 PM                                                                                                                    
NATALIE  NORBERG,   Director,  Office  of   Children's  Services,                                                               
Central  Office,  Department  of   Health  and  Social  Services,                                                               
Juneau,  said that  the department  initially  had some  concerns                                                               
about  double   reporting.  However,  she  also   shared  Senator                                                               
Micciche's  concern. She  suggested that  it would  be better  to                                                               
have both ways  to report these suspected crimes  because the OCS                                                               
has   a  centralized   reporting  system.   Since  the   OCS  has                                                               
implemented a statewide  hotline, it has seen an  increase in the                                                               
number of  reports. It  really shows  that a  simple, centralized                                                               
reporting system  lends itself to being  very effective. However,                                                               
figuring  out who  to  call  and what  number  to  call could  be                                                               
confusing and result in fewer  reports. The OCS had concerns that                                                               
mandated  reporters may  be  calling  different jurisdictions  on                                                               
children  since  children  could  be  seen by  a  provider  in  a                                                               
different  region of  the  state than  where  they normally  live                                                               
because  of travel.  She reiterated  that it  would be  better to                                                               
have  overreporting  than  trying  to address  the  concern  that                                                               
reports might not be made.                                                                                                      
                                                                                                                                
CHAIR HUGHES  noted that  Ms. Norberg  and Senator  Micciche both                                                               
preferred "and".                                                                                                                
                                                                                                                                
3:04:30 PM                                                                                                                    
SENATOR KIEHL  asked whether  any situations  occur in  which law                                                               
enforcement  is not  called  when  reports of  harm  are made  or                                                               
conversely,  where  law enforcement  is  called  but OCS  is  not                                                               
informed.                                                                                                                       
                                                                                                                                
MS. NORBERG  explained that there  are times when  the department                                                               
and law enforcement are called  separately. She said the statutes                                                               
provide  a clear  process and  that process  is the  department's                                                               
current practice. She  said that if the OCS receives  a report of                                                               
sexual  abuse or  a  medical  issue, and  the  child's abuser  is                                                               
outside the family, the department  will automatically notify law                                                               
enforcement. However,  if law enforcement  receives a  report but                                                               
the victim is  not related to the perpetrator, the  OCS would not                                                               
be notified.                                                                                                                    
                                                                                                                                
CHAIR  HUGHES  asked  whether the  centralized  call-in  line  is                                                               
manned 24-7.                                                                                                                    
                                                                                                                                
MS.   NORBERG  answered   no.  Currently,   two  shifts   provide                                                               
approximately 14 hours  of coverage. However, the  OCS is working                                                               
to expand it to 24/7.                                                                                                           
                                                                                                                                
CHAIR  HUGHES affirmed  that it  would be  important to  have the                                                               
call to  law enforcement  for that reason.  She pointed  out that                                                               
sometimes the window for collection of evidence is limited.                                                                     
                                                                                                                                
3:06:19 PM                                                                                                                    
SENATOR  MICCICHE said  he has  researched this  due to  a recent                                                               
case.  He highlighted  that in  some  parts of  Alaska local  law                                                               
enforcement do  not actively pursue certain  cases. He maintained                                                               
his strong  support for double  reporting, which would  help. The                                                               
OCS would ensure  that the information is  appropriately used. He                                                               
reminded  members that  it is  the legislature's  job to  be sure                                                               
everyone is treated  the same. This provision would  make it more                                                               
likely for that to occur.                                                                                                       
                                                                                                                                
3:07:13 PM                                                                                                                    
CHAIR  HUGHES  said that  leaving  in  "and" would  increase  the                                                               
chances of reporting. It would  also increase the likelihood of a                                                               
response to that report. She  noted that a proposed amendment was                                                               
developed to address  the concern about double  reporting, but it                                                               
may not  be offered.  Since Senator  Micciche has  withdrawn that                                                               
concern, she  felt satisfied  in leaving in  the word  "and." She                                                               
said she did not hear any objection at this point.                                                                              
                                                                                                                                
SENATOR  KIEHL asked  whether adding  the word  "and" would  mean                                                               
that  the  OCS  would  start receiving  calls  on  suspected  sex                                                               
offenses  by  offenders  not  related to  the  victim.  He  asked                                                               
whether  the  OCS  will  inform law  enforcement.  He  asked  for                                                               
further clarification on  how the OCS would  handle the increased                                                               
volume of calls.                                                                                                                
                                                                                                                                
MS. NORBERG  answered that under  the current law, the  OCS would                                                               
continue  to  receive  all reports,  including  any  child  abuse                                                               
regardless  if a  parent, a  non-parent,  or a  caregiver is  the                                                               
perpetrator.  The OCS  has dedicated,  trained, skilled  staff to                                                               
speak to  the person reporting.  She highlighted that  staff does                                                               
not  investigate  or make  solo  decisions  when child  abuse  is                                                               
reported.  This language  would require  additional reporting  to                                                               
law enforcement if sexual abuse was reported.                                                                                   
                                                                                                                                
CHAIR  HUGHES  clarified that  a  number  of sexual  crimes  were                                                               
already on the mandatory reporting  list and this provision added                                                               
additional crimes, as well as the law enforcement contact.                                                                      
                                                                                                                                
3:09:59 PM                                                                                                                    
MR. WHITT skipped Section 34.  The explanation of changes read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Section  34:  Amends  AS 47.17.020(e)  with  conforming                                                                    
     language for  the added provisions in  Section 33 (Page                                                                    
     22, Line 25 through Page 23, Line 9)                                                                                       
                                                                                                                                
3:10:38 PM                                                                                                                    
MR. WHITT reviewed Section 35.                                                                                                  
                                                                                                                                
     Section  35:  Amends  AS 47.17.020(g)  with  conforming                                                                    
     language for  the added provisions in  Section 33 (Page                                                                    
     23 Line 10 through 15).                                                                                                    
                                                                                                                                
He  said that  if  an amendment  is not  offered  to Section  33,                                                               
Section 35 would  need to be amended. He explained  that the word                                                               
"or"  would need  to  be  amended to  "and"  in  this section  to                                                               
conform to Section 33.                                                                                                          
                                                                                                                                
CHAIR  HUGHES  suggested  that  Senator  Micciche  could  make  a                                                               
conceptual amendment when the committee considers amendments.                                                                   
                                                                                                                                
3:10:51 PM                                                                                                                    
MR. WHITT reviewed Section 36.                                                                                                  
                                                                                                                                
     Section   36:  Amends   AS   47.17.022(b)   to  add   a                                                                    
     requirement  for   in-service  training   to  recognize                                                                    
     possible  sex   offenses,  for  those   occupations  or                                                                    
     positions  described in  Section 33  (Page 23,  Line 16                                                                    
     through 25).                                                                                                               
                                                                                                                                
MR.  WHITT  explained  that  a  forthcoming  amendment  would  be                                                               
offered  to remove  "in service."  He  related his  understanding                                                               
that resources were available that  are more efficient to provide                                                               
that training. Although it would  not be cost prohibitive to have                                                               
face-to-face  training, there  were more  cost-efficient ways  to                                                               
provide it.                                                                                                                     
                                                                                                                                
3:11:45 PM                                                                                                                    
MS. NORBERG  responded that currently  the OCS  provides mandated                                                               
training through an  online training module, which  can easily be                                                               
updated to add new components. The  OCS believes it would be more                                                               
efficient  to offer  the training  online rather  than during  an                                                               
annual  in-person staff  training session.  She pointed  out that                                                               
this  training  is  for  department  staff  and  school  district                                                               
employees.  She  said  that  providing  online  training  to  all                                                               
reporters  would  have  a  wider impact.  In  response  to  Chair                                                               
Hughes,  she agreed  that the  training  can be  accessed by  the                                                               
school  districts,  but sometimes  the  districts  use their  own                                                               
training.                                                                                                                       
                                                                                                                                
3:12:57 PM                                                                                                                    
MR. WHITT reviewed Section 37.                                                                                                  
                                                                                                                                
     Section 37:  Adds a new  paragraph to AS  47.17.290 for                                                                    
     the  definition of  sex offense  (Page 23,  Lines 26  &                                                                    
     27).                                                                                                                       
                                                                                                                                
MR. WHITT reviewed Section 39.                                                                                                  
                                                                                                                                
     Section 39:  Changes made to the  applicability section                                                                    
     to conform with  changes in the bill (Page  23, Line 29                                                                    
     through Page 24, Line 28).                                                                                                 
                                                                                                                                
MR. WHITT reviewed Section 40.                                                                                                  
                                                                                                                                
     Section  40: New  section added  for the  Department of                                                                    
     Law and Department of Public  Safety to adopt necessary                                                                    
     regulations for  the implementation of sections  31 and                                                                    
     32 (Page 24, Line 29 through Page 25, Line 4).                                                                             
                                                                                                                                
He  explained  that this  change  was  at  the request  of  Chair                                                               
Hughes.                                                                                                                         
                                                                                                                                
3:14:02 PM                                                                                                                    
SENATOR KIEHL  said he was  still interested in hearing  from the                                                               
public defender  about the change  in mental state in  Sections 2                                                               
and 3  of the  bill for  sexual assault in  the second  and third                                                               
degrees.                                                                                                                        
                                                                                                                                
CHAIR HUGHES said the public defender was not available today.                                                                  
                                                                                                                                
3:14:57 PM                                                                                                                    
SENATOR MICCICHE offered his belief  that it was not necessary to                                                               
change Section 35 from "or"  to "and." He explained the committee                                                               
preferred  the language  "and" remain  in Section  33, subsection                                                               
(a).  He noted  that Mr.  Whitt suggested  that Section  35 would                                                               
need to  be amended. However,  the "as required  under subsection                                                               
(a) of this  section" seemed to be adequate to  ensure that it be                                                               
reported. He asked Mr. Skidmore if  he could advise if that would                                                               
suffice.                                                                                                                        
                                                                                                                                
MR. SKIDMORE  answered that  it would  depend on  the committee's                                                               
intent. He said  that "or" would allow the  mandatory reporter to                                                               
report to either  the department or a law  enforcement agency. If                                                               
the  language  read "and,"  it  would  require reporting  to  the                                                               
department and to a law enforcement agency.                                                                                     
                                                                                                                                
3:17:03 PM                                                                                                                    
CHAIR HUGHES asked whether he  would review the language "and" in                                                               
Section 33  and determine whether  "or" would suffice  in Section                                                               
35.                                                                                                                             
                                                                                                                                
MR.  SKIDMORE  said that  the  language  seemed inconsistent.  He                                                               
offered his  belief that in  both instances it should  read "and"                                                               
or else "or" to be consistent.                                                                                                  
                                                                                                                                
SENATOR MICCICHE  explained that  Section 33 contains  both "and"                                                               
and  "or." It  becomes an  "and"  in instances  of suspected  sex                                                               
offenses.  However,  Section 35  refers  to  the requirements  in                                                               
subsection (a).  He interpreted it  to mean reports must  be made                                                               
to the  department and  a law enforcement  agency as  required in                                                               
subsection  (a),  which would  mean  "or"  would be  correct.  He                                                               
offered his belief that "and" would counter Section 33.                                                                         
                                                                                                                                
MR. SKIDMORE  said that  he would  need more  time to  review the                                                               
language  in Sections  33  and 35  to figure  out  how they  work                                                               
together. He was  not prepared to give the  interpretation on the                                                               
fly, he said.                                                                                                                   
                                                                                                                                
MR. WHITT deferred to Ms. Norberg.                                                                                              
                                                                                                                                
MS. NORBERG offered her belief  that the language needs to change                                                               
to  read  "and"  a  law  enforcement  agency  as  required  under                                                               
subsection (a) of this section.                                                                                                 
                                                                                                                                
3:20:14 PM                                                                                                                    
SENATOR  MICCICHE argued  that subsection  (a)  does not  require                                                               
reporting to law enforcement for  suspected child abuse. It would                                                               
only need to  be reported when suspected sexual abuse  of a child                                                               
occurred. He said "and" would  require reporting to both agencies                                                               
which may cause a conflict between these two sections.                                                                          
                                                                                                                                
3:20:56 PM                                                                                                                    
CHAIR HUGHES asked Mr. Skidmore  to consider the language in both                                                               
sections.                                                                                                                       
                                                                                                                                
3:21:16 PM                                                                                                                    
SENATOR SHOWER referred  to Section 5. He asked if  it would be a                                                               
valid defense if someone has the paperwork in hand.                                                                             
                                                                                                                                
MR.  SKIDMORE clarified  that  his question  was  related to  the                                                               
marriage defense and if the party  were to prove the marriage and                                                               
had  not  filed  for  separation,  divorce,  or  dissolution  and                                                               
whether that was enough to be a complete defense.                                                                               
                                                                                                                                
SENATOR SHOWER clarified it was whether either party has filed.                                                                 
                                                                                                                                
MR. SKIDMORE said  the act of filing does not  allow the defense.                                                               
The rationale  is that once one  party has filed for  a change in                                                               
marital status,  it puts the  couple or parties in  a contentious                                                               
situation. The  defense was limited  to situations in  which both                                                               
parties wanted  to be  together. The defense  would apply  if one                                                               
person  is a  law enforcement  officer  or works  as a  probation                                                               
officer or other  position in which the the  state would normally                                                               
find sexual  activity unacceptable.  However, if the  parties are                                                               
married,  law  enforcement  would   not  interfere  with  marital                                                               
relations. He  clarified that the  filing would mean  the defense                                                               
would no longer apply.                                                                                                          
                                                                                                                                
3:24:32 PM                                                                                                                    
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, the  committee substitute (CS)  for SB 35,  work order                                                               
31-GS1873\K, Version K, was adopted.                                                                                            
                                                                                                                                
3:24:49 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
3:25:35 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
[SB 35 was held in committee.]                                                                                                  

Document Name Date/Time Subjects
CSSB35 Version K.pdf SJUD 4/5/2019 1:30:00 PM
SB 35
CSSB35 Explanation of Changes from Version U to K v2.pdf SJUD 4/5/2019 1:30:00 PM
SB 35