Legislature(2013 - 2014)HOUSE FINANCE 519

04/02/2013 09:00 AM FINANCE


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09:04:52 AM Start
09:05:27 AM SB22
10:21:29 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 21 OIL AND GAS PRODUCTION TAX TELECONFERENCED
Scheduled But Not Heard
<Pending Referral>
+ HB 73 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT TELECONFERENCED
Heard & Held
<Companion Bill to SB 22>
+ SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT TELECONFERENCED
<Pending Referral - Heard & Held>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 2, 2013                                                                                            
                         9:04 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:04:52 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the House Finance Committee meeting                                                                     
to order at 9:04 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Alan Austerman, Co-Chair                                                                                         
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Mark Neuman, Vice-Chair                                                                                          
Representative Mia Costello                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative Lindsey Holmes                                                                                                   
Representative Scott Kawasaki, Alternate                                                                                        
Representative Cathy Munoz                                                                                                      
Representative Steve Thompson                                                                                                   
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Anne Carpeneti,  Assistant Attorney General,  Legal Services                                                                    
Section-Juneau,  Criminal   Division,  Department   of  Law;                                                                    
Richard   Svobodny,   Deputy  Attorney   General,   Criminal                                                                    
Division, Department of Law.                                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 73     CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                              
                                                                                                                                
          HB 73 was SCHEDULED but not HEARD.                                                                                    
                                                                                                                                
CSSB 21(FIN am(efd fld)                                                                                                         
          OIL AND GAS PRODUCTION TAX                                                                                            
                                                                                                                                
          CSSB 21(FIN am(efd fld)was SCHEDULED but not                                                                          
          HEARD.                                                                                                                
                                                                                                                                
CSSB 22(FIN)                                                                                                                    
         CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                               
                                                                                                                                
          SB 22 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
CS FOR SENATE BILL NO. 22(FIN)                                                                                                
                                                                                                                                
     "An  Act relating  to the  commencement of  actions for                                                                    
     felony  sex trafficking  and felony  human trafficking;                                                                    
     relating to  the crime of  sexual assault;  relating to                                                                    
     the crime  of unlawful contact; relating  to forfeiture                                                                    
     for certain crimes  involving prostitution; relating to                                                                    
     the  time in  which to  commence certain  prosecutions;                                                                    
     relating to release in a  prosecution for stalking or a                                                                    
     crime involving  domestic violence or for  violation of                                                                    
     a  condition  of release  in  connection  with a  crime                                                                    
     involving domestic  violence; relating  to interception                                                                    
     of private  communications for certain  sex trafficking                                                                    
     or  human  trafficking  offenses; relating  to  use  of                                                                    
     evidence  of  sexual   conduct  concerning  victims  of                                                                    
     certain   crimes;   relating    to   consideration   at                                                                    
     sentencing  of the  effect of  a crime  on the  victim;                                                                    
     relating to the time to  make an application for credit                                                                    
     for  time served  in a  treatment program  or while  in                                                                    
     other  custody; relating  to  suspending imposition  of                                                                    
     sentence for  sex trafficking; relating  to consecutive                                                                    
     sentences for  convictions of certain  crimes involving                                                                    
     child  pornography  or  indecent materials  to  minors;                                                                    
     relating  to  the  referral of  sexual  felonies  to  a                                                                    
     three-judge  panel;  relating   to  the  definition  of                                                                    
     'sexual  felony'  for   sentencing  and  probation  for                                                                    
     conviction   of  certain   crimes;   relating  to   the                                                                    
     definition  of  'sex  offense' regarding  sex  offender                                                                    
     registration;  relating to  the  definition of  'victim                                                                    
     counseling   centers'   for   disclosure   of   certain                                                                    
     communications  concerning sexual  assault or  domestic                                                                    
     violence;  relating  to  violent  crimes  compensation;                                                                    
     relating to  certain information in  retention election                                                                    
     of  judges concerning  sentencing of  persons convicted                                                                    
     of  felonies; relating  to remission  of sentences  for                                                                    
     certain sexual felony offenders;  relating to forms for                                                                    
     sexual   assault,  stalking,   and  domestic   violence                                                                    
     protective orders;  relating to  the subpoena  power of                                                                    
     the attorney general  in cases involving the  use of an                                                                    
     Internet  service   account;  relating   to  reasonable                                                                    
     efforts in child-in-need-of-aid  cases involving sexual                                                                    
     abuse  or   sex  offender  registration;   relating  to                                                                    
     mandatory reporting by athletic  coaches of child abuse                                                                    
     or  neglect;  making  conforming  amendments;  amending                                                                    
     Rules  16, 32.1(b)(1),  and  32.2(a),  Alaska Rules  of                                                                    
     Criminal Procedure,  and Rules  404(a) and  (b), Alaska                                                                    
     Rules  of  Evidence;  and providing  for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
9:05:27 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  announced that  the companion bill  for HB                                                                    
73,  SB 22,  would be  the legislative  vehicle used  by the                                                                    
house going forward.                                                                                                            
                                                                                                                                
MICHAEL  GERAGHTY,  ATTORNEY  GENERAL,  DEPARTMENT  OF  LAW,                                                                    
provided an overview of SB  22. He stated that the important                                                                    
intent  of  the  legislation  was the  reduction  of  sexual                                                                    
assault, domestic violence, and  sexual abuse of children in                                                                    
the  state. Senate  Bill 22  would reverse  the effect  of a                                                                    
recent  decision by  the Alaska  Court of  Appeals that  had                                                                    
misinterpreted the legislative  intent in adopting increased                                                                    
ranges of  sentences for persons convicted  of sex felonies.                                                                    
The decision  by the court  of appeals had allowed  for more                                                                    
latitude for  judges to refer  the defense to a  three judge                                                                    
sentencing review  panel, which the department  believed was                                                                    
inconsistent with what the legislature  had intended when it                                                                    
amended the  law in  2006. The bill  also addressed  gaps in                                                                    
sexual  assault statutes  to prohibit  probation and  parole                                                                    
officers  from  having  sexual   relations  with  people  on                                                                    
probation and parole. The legislation  would make changes in                                                                    
criminal procedures  to protect  victims of  sexual assault,                                                                    
sexual abuse  and domestic violence; for  example, a hearing                                                                    
before a judicial officer would  be required before a person                                                                    
arrested for  a bail  violation for domestic  violence crime                                                                    
could  be released.  Additionally,  the  bill broadened  the                                                                    
protection for victims from the  use of evidence of past and                                                                    
future  sexual conduct.  The bill  would give  protection of                                                                    
confidential  communications   between  victims   of  sexual                                                                    
assault and domestic violence, and  counselors who worked on                                                                    
United States military bases or  were contracted by the U.S.                                                                    
military.                                                                                                                       
                                                                                                                                
9:09:47 AM                                                                                                                    
Co-Chair Stoltze requested  for a moment of  silence for the                                                                    
sacrifice made by law enforcement public servants.                                                                              
                                                                                                                                
Attorney  General  Geraghty  read a  statement  from  Joseph                                                                    
Masters, Commissioner, Department of Public Safety:                                                                             
                                                                                                                                
     I regret that  I am not able to  personally address the                                                                    
     House Finance  Committee today  to introduce  this very                                                                    
     important legislation. The  Department of Public Safety                                                                    
     and  indeed the  State of  Alaska experienced  a tragic                                                                    
     loss over  the weekend  with the  crash of  Helo-1, and                                                                    
     the  resulting loss  of three  lives. Our  thoughts and                                                                    
     prayers  are with  the families  of  pilot Mel  Nading,                                                                    
     trooper  Tage Toll  and  their  rescued passenger  Carl                                                                    
     Ober.                                                                                                                      
                                                                                                                                
Attorney   General   Geraghty   requested   on   behalf   of                                                                    
Commissioner Masters a moment of  silence for the victims of                                                                    
the crash.                                                                                                                      
                                                                                                                                
9:13:51 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman  asked about the court  case decision that                                                                    
had resulted  in the  optional transfer  of sentencing  to a                                                                    
three-judge panel.                                                                                                              
                                                                                                                                
Attorney  General Geraghty  deferred  the  question to  Anne                                                                    
Carpeneti,  Assistant   Attorney  General,   Legal  Services                                                                    
Section-Juneau,  Criminal Division,  Department  of Law.  He                                                                    
believed that  the courts had  misinterpreted the  intent of                                                                    
the initial legislation.                                                                                                        
                                                                                                                                
Representative  Wilson   asked  if  there   were  statistics                                                                    
available regarding the problem that  the bill was trying to                                                                    
fix.                                                                                                                            
                                                                                                                                
Attorney   General  Geraghty   said   that  the   statistics                                                                    
indicated  that sexual  assault and  domestic violence  were                                                                    
rampant in  the state and  that the statistics in  the state                                                                    
far exceeded  the national average in  alarming respects. He                                                                    
understood that the  problem would not be  eradicated by the                                                                    
passage  of  one  law  but the  process  was  evolving;  the                                                                    
legislation was to supplement and complement existing law.                                                                      
                                                                                                                                
9:17:50 AM                                                                                                                    
                                                                                                                                
Representative  Wilson thought  that the  issue relating  to                                                                    
probation  officers  should  be  included  in  the  employee                                                                    
contract.  She  was  interested   in  more  statistics  that                                                                    
illustrated how the legislation would be effective.                                                                             
                                                                                                                                
Attorney  General Geraghty  would be  happy to  provide more                                                                    
detail in writing. He shared  that a probation officer could                                                                    
be fired  for misconduct,  but that criminal  charges should                                                                    
also  be  filed, which  was  the  gap  was in  the  criminal                                                                    
statute. He deferred further questions to Anne Carpeneti.                                                                       
                                                                                                                                
9:20:09 AM                                                                                                                    
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION-JUNEAU,  CRIMINAL   DIVISION,  DEPARTMENT   OF  LAW,                                                                    
provided differences between HB 73 and SB 22:                                                                                   
                                                                                                                                
     CSHB  73(JUD)  and  CSSB 22(FIN)  are  essentially  the                                                                    
     same, but with two exceptions:                                                                                             
                                                                                                                                
     •    CSHB 73(JUD) added two sections  (30 and 31) which                                                                    
     make conforming  amendments to the law  that provides a                                                                    
     savings clause in our adoption code.    In that code, a                                                                    
     victim of sexual abuse or  incest that becomes pregnant                                                                    
     as a  result of the  crime may initiate  proceedings to                                                                    
     terminate the  parental rights of the  perpetrator.  If                                                                    
     they do  so, the  law "saves"  other remedies  for them                                                                    
     against the perpetrator.   The legislature neglected to                                                                    
     specifically  include victims  of sexual  abuse in  the                                                                    
     savings clause.  The additions  specify that victims or                                                                    
     sexual assault are protected, too.                                                                                         
                                                                                                                                
     •    Both  bills  amend  Rule 16(b),  Alaska  Rules  of                                                                    
     Criminal  Procedure,   by  limiting  the   copying  and                                                                    
     distribution of child pornography  that is attendant on                                                                    
     the discovery process in a  criminal prosecution.  CSHB                                                                    
     73(JUD) allows  the court to make  arrangements to send                                                                    
     the materials to experts both  in and outside the state                                                                    
     for  examination.   CSSB 22(FIN)  would only  allow the                                                                    
     material to be sent to an expert out of state.                                                                             
                                                                                                                                
Ms. Carpeneti  stated that SB  22 differed from  prior bills                                                                    
related to similar  topics because it maintained  a focus on                                                                    
criminal  procedure   changes  in   the  law,   rather  than                                                                    
substantive  changes,  with the  exception  of  making it  a                                                                    
crime for a probation or  parole officer to engage in sexual                                                                    
conduct with a person on probation  or parole. It would be a                                                                    
Class C felony  for a probation or parole  officer to engage                                                                    
in sexual penetration with a  person on probation or parole,                                                                    
and  a Class  A misdemeanor  for  that person  to engage  in                                                                    
sexual contact with a person on probation or parole.                                                                            
                                                                                                                                
Co-Chair Stoltze asked if consent was an issue.                                                                                 
                                                                                                                                
Ms.  Carpeneti  replied in  the  negative;  it was  the  act                                                                    
itself that was a crime.                                                                                                        
                                                                                                                                
9:23:45 AM                                                                                                                    
                                                                                                                                
Representative   Wilson   asked   why   the   bill   related                                                                    
specifically to parole officers.                                                                                                
                                                                                                                                
Ms.  Carpeneti replied  that the  section  applied to  adult                                                                    
victims as  well as minors.  She explained that  the current                                                                    
law provided  that consent  was a  non-issue in  relation to                                                                    
sexual  abuse of  a minor,  because children  are unable  to                                                                    
consent  to  sexual  relationships.  The  current  law  only                                                                    
prohibits   consensual    sexual   relations    in   certain                                                                    
circumstances; one  if it was  a police officer,  another if                                                                    
it  was  a  correctional  officer. The  bill  addressed  the                                                                    
position of control that a  probation officer has over adult                                                                    
parolees.                                                                                                                       
                                                                                                                                
Co-Chair  Stoltze remarked  that the  people singled  out in                                                                    
the   legislation  were   chosen   because   they  were   in                                                                    
positions of trust.                                                                                                             
                                                                                                                                
Ms.  Carpeneti referred  to the  Satch Carlson  case. Gordon                                                                    
"Satch" Carlson,  an English,  journalism and  film teacher,                                                                    
and columnist for  the Anchorage Daily News  and AutoWeek in                                                                    
the  1980s faced  three felony  criminal  charges in  August                                                                    
1989 involving  his sexual  relationship with  a 17-year-old                                                                    
Bartlett  senior that  could  have sent  him  to prison  for                                                                    
eight years. At least  four female students made allegations                                                                    
about Carlson,  but only one student's  allegations resulted                                                                    
in  charges.  The charges  were  dismissed  in January  1990                                                                    
because the  student was  above the  age of  16, the  age of                                                                    
legal consent  in Alaska;  the judge also  found that  a law                                                                    
raising the age  of consent to 18 in cases  in which a child                                                                    
is  entrusted  to an  adult's  care  "by authority  of  law"                                                                    
applied  to court-ordered  guardians, but  not to  teachers.                                                                    
The  student  sued  Carlson  in  civil  court  in  1991.  In                                                                    
reaction to  the Satch Carlson case,  the Alaska Legislature                                                                    
passed  the  so-called  "Satch   Carlson  law,"  making  sex                                                                    
between an adult and any person  under age 18 illegal if the                                                                    
adult occupied a position of authority over the minor.                                                                          
                                                                                                                                
RICHARD   SVOBODNY,   DEPUTY  ATTORNEY   GENERAL,   CRIMINAL                                                                    
DIVISION, DEPARTMENT  OF LAW, affirmed the  case had changed                                                                    
Alaska law.                                                                                                                     
                                                                                                                                
Ms. Carpeneti  relayed that generally,  for adults,  the law                                                                    
required lack of  consent in order for sexual  assault to be                                                                    
a  crime. The  bill would  allow victims  of sex-trafficking                                                                    
and human  trafficking to bring  a civil action  for damages                                                                    
at  any  time  regardless  of  the  elapsed  time  from  the                                                                    
commission of the  crime. It allowed the  state to prosecute                                                                    
a person  for felony sex-trafficking, distribution  of child                                                                    
pornography and  felony human trafficking regardless  of the                                                                    
time elapsed  from the commission  of the offense.  The bill                                                                    
would make it  a crime for an offender to  contact a witness                                                                    
from  prison  provided non-contact  had  been  ordered by  a                                                                    
judge.                                                                                                                          
                                                                                                                                
Ms. Carpeneti discussed Section 10:                                                                                             
                                                                                                                                
     Section 10  allows the state  to request  forfeiture of                                                                  
     property of a patron of  a prostitute or the prostitute                                                                    
     if  the  property  was  used   to  institute,  aid,  or                                                                    
     facilitate  prostitution, or  was  received or  derived                                                                    
     from    prostitution.   It    makes   the    forfeiture                                                                    
     discretionary   with  the   court   and  requires   the                                                                    
     defendant to  be convicted before  the property  may be                                                                    
     forfeited.                                                                                                                 
                                                                                                                                
9:29:56 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti moved to Sections 12 and 13:                                                                                      
                                                                                                                                
     Sections 12 and  13 allow the court  the discretion, in                                                                  
     releasing on bail  a person in connection  with a crime                                                                    
     involving  domestic violence  or  stalking, to  require                                                                    
     the defendant  to participate in  electronic monitoring                                                                    
     by a  global positioning  device or  similar technology                                                                    
     if  it meets  guidelines adopted  by the  Department of                                                                    
     Corrections  in  consultation  with the  Department  of                                                                    
     Public Safety.                                                                                                             
                                                                                                                                
Representative  Holmes  asked   for  verification  that  the                                                                    
section related to people out of jail.                                                                                          
                                                                                                                                
Ms. Carpeneti  replied the requirements would  be related to                                                                    
bail conditions.                                                                                                                
                                                                                                                                
Representative Holmes  wanted to  ensure that the  law would                                                                    
not be found unconstitutional.                                                                                                  
                                                                                                                                
Ms. Carpeneti replied  that similar laws had  not been found                                                                    
unconstitutional in any other state.                                                                                            
                                                                                                                                
9:32:37 AM                                                                                                                    
                                                                                                                                
Representative  Thompson asked  whether  the limitations  of                                                                    
where   the  offender   could  travel   could  inadvertently                                                                    
highlight the location of the victim.                                                                                           
                                                                                                                                
Ms. Carpeneti  replied that the  bill would require  DOC and                                                                    
DPS to work out and adopt guidelines.                                                                                           
                                                                                                                                
Representative  Thompson thought  developing the  guidelines                                                                    
would be difficult.                                                                                                             
                                                                                                                                
Ms. Carpeneti  replied that  it was a  good idea  to monitor                                                                    
offenders, but  she agreed  that the state  did not  want to                                                                    
put victims in increased danger.                                                                                                
                                                                                                                                
Representative  Thompson wondered  if the  guideline details                                                                    
would be included in regulation.                                                                                                
                                                                                                                                
Ms. Carpeneti  replied that the  technology was  changing so                                                                    
quickly that it would be  prudent to leave some latitude for                                                                    
the court and  the people that would  administer the program                                                                    
to change according the developments in the field.                                                                              
                                                                                                                                
Representative  Thompson though  that the  legislature would                                                                    
be addressing the issue in the future.                                                                                          
                                                                                                                                
Co-Chair Stoltze noted that SB 22  had yet to go through the                                                                    
House Judiciary  Committee, but that  it was expected  to do                                                                    
so.                                                                                                                             
                                                                                                                                
9:35:24 AM                                                                                                                    
                                                                                                                                
Representative Costello asked if  the definition of stalking                                                                    
was different than the definition of harassment.                                                                                
                                                                                                                                
Ms.  Carpeneti  replied  that stalking  was  when  a  person                                                                    
knowingly  engaged in  a course  of conduct  that recklessly                                                                    
placed another person  in fear of death  or physical injury,                                                                    
or in fear of death or physical injury of a family member.                                                                      
                                                                                                                                
Representative   Costello  asked   if  the   definition  for                                                                    
harassment was different.                                                                                                       
                                                                                                                                
Ms.  Carpeneti   replied  that   harassment  did   not  mean                                                                    
following  a person  and putting  them in  fear of  death or                                                                    
physical injury.                                                                                                                
                                                                                                                                
Mr.  Svobodny   added  that  harassment   included  repeated                                                                    
telephone calls,  offensive physical contact  and disorderly                                                                    
conduct. He  noted that harassment was  a lesser misdemeanor                                                                    
offence defined by annoying behavior.                                                                                           
                                                                                                                                
Representative Costello  understood that a  judicial officer                                                                    
could order  counseling and an  ankle bracelet prior  to the                                                                    
resolution of a case.                                                                                                           
                                                                                                                                
Ms. Carpeneti  replied in the  affirmative. She  stated that                                                                    
the  judicial  officer  would  have  the  authority  to  set                                                                    
various conditions  of release in  cases where a  person had                                                                    
been   charged   with  a   crime   and   a  probable   cause                                                                    
determination  had been  made by  the judicial  officer. She                                                                    
continued to Section 14:                                                                                                        
                                                                                                                                
     Section  14  requires  that a  person  arrested  for  a                                                                  
     violation of a condition  of release in connection with                                                                    
     a  domestic violence  crime appear  before  a judge  in                                                                    
    person or by telephone before release from custody.                                                                         
                                                                                                                                
Ms. Carpeneti read Section 15:                                                                                                  
                                                                                                                                
     Section 15  authorizes the attorney  general to  make a                                                                    
     written application  to a court  for an  order allowing                                                                    
     interception of the private  communications of a person                                                                    
     that   may  provide   evidence  that   the  person   is                                                                    
     committing  or planning  to commit  sex trafficking  in                                                                    
     the  first or  second degree,  or human  trafficking in                                                                    
     the   first   degree.   Sex   trafficking   and   human                                                                    
     trafficking are  crimes that would  require cooperation                                                                    
     among perpetrators. Interception  of the communications                                                                    
     of a person under  these circumstances would facilitate                                                                    
     the investigation of these crimes.                                                                                         
                                                                                                                                
Representative  Holmes noted  that  sex  trafficking in  the                                                                    
Second degree was a Class  B felony, whereas everything else                                                                    
on  the list  was  a  Class A  or  Unclassified Felony.  She                                                                    
wondered the  intention had been  to include  various levels                                                                    
of felonies in the legislation.                                                                                                 
                                                                                                                                
Ms. Carpeneti  replied that the rationale  for including sex                                                                    
trafficking in  the Second degree  was because  it generally                                                                    
included  telephone calls  and  communication among  people.                                                                    
She added that  it was high standard  to order wire-tapping;                                                                    
it was expensive to carry out and was not done often.                                                                           
                                                                                                                                
9:40:37 AM                                                                                                                    
                                                                                                                                
Mr. Svobodny added that if a  police officer could not get a                                                                    
search  warrant for  wire-tapping; the  request would  first                                                                    
have to  be made  to the attorney  general who  would review                                                                    
the need for  the tap, then it would be  sent before a judge                                                                    
for approval. Wire-tapping required  a significant amount of                                                                    
resources because it had to  be constantly monitored to stop                                                                    
the capture  of non-criminal  activity. The number  of wire-                                                                    
taps were required to be  reported to the federal government                                                                    
annually; the amount had been zero over the last 20 years.                                                                      
                                                                                                                                
Representative Edgmon  asked if there was  existing law that                                                                    
differentiated   between   human  trafficking   and   sexual                                                                    
trafficking.                                                                                                                    
                                                                                                                                
Ms.  Carpeneti replied  that  there  were separate  statutes                                                                    
that addressed human and sex trafficking.                                                                                       
                                                                                                                                
9:42:33 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman noted that  under current statute parolees                                                                    
were required  to submit to regular  polygraph examinations.                                                                    
He asked  whether the parolee  could be forced to  cover the                                                                    
cost of the exam.                                                                                                               
                                                                                                                                
Ms. Carpeneti  stated that in  crafting the  legislation the                                                                    
department wanted  to make sure that  the responsibility for                                                                    
payment of the monitoring would be left up to the court.                                                                        
                                                                                                                                
Co-Chair Stoltze  requested that  his staff take  note about                                                                    
marking it in the courts budget for the following year.                                                                         
                                                                                                                                
Vice-Chair Neuman asked  if the issue could  be addressed in                                                                    
the bill.                                                                                                                       
                                                                                                                                
Co-Chair Stoltze replied in the affirmative.                                                                                    
Ms. Carpeneti agreed.                                                                                                           
                                                                                                                                
Ms. Carpeneti spoke to Section 16 of the legislation:                                                                           
                                                                                                                                
     Section  16  expands  the protection  of  a  victim  of                                                                  
     sexual assault,  sexual abuse of a  minor, and unlawful                                                                    
     exploitation  of minor  by  excluding  evidence of  the                                                                    
     victim's  sexual  conduct  both before  and  after  the                                                                    
     person  was  victimized.   Current  law  provides  this                                                                    
     protection for  evidence of  sexual conduct  before the                                                                    
     offense charged.  This rule is commonly  referred to as                                                                    
     the  rape shield  law, and  the purpose  is to  exclude                                                                    
     evidence of the victim's  private sexual conduct unless                                                                    
     the proponent  has a valid  evidentiary reason  for its                                                                    
     admission. Section  16 also  requires the  defendant to                                                                    
     make the request  to admit this evidence  at least five                                                                    
     days  before  trial, unless  the  request  is based  on                                                                    
     information  learned after  the  deadline or  otherwise                                                                    
     for good cause.                                                                                                            
                                                                                                                                
Co-Chair Stoltze turned the gavel over to Co-Chair                                                                              
Austerman.                                                                                                                      
                                                                                                                                
9:45:22 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti moved to Sections 17 and 18:                                                                                      
                                                                                                                                
     Section  17 requires  a defendant  claiming credit  for                                                                  
     time spent  in a  treatment program  as a  condition of                                                                    
     bail release to file written  notice 10 days before the                                                                    
     sentencing  hearing on  that offense.  The notice  must                                                                    
     include the  number of days  the person is  claiming. A                                                                    
     court may not  consider a request for  credit made more                                                                    
     than 90 days after the  deadline except for good cause.                                                                    
     Section 17  also requires  a person  to make  a request                                                                    
     for  credit  for  time spent  in  a  treatment  program                                                                    
     pending  appeal  within  90  days  after  the  case  is                                                                    
     returned to  the trial court following  appeal. A court                                                                    
     may  not  consider  a  request  for  credit  after  the                                                                    
     deadline except for good cause.                                                                                            
                                                                                                                                
     Section  18 requires  a defendant  claiming credit  for                                                                  
     time spent  in a  treatment program  as a  condition of                                                                    
     probation or a condition  of bail release in connection                                                                    
     with a petition  to revoke probation to  file notice of                                                                    
     the request  10 days before the  disposition hearing on                                                                    
     the  petition. The  notice must  include the  number of                                                                    
     requested days  of credit. A  court may not  consider a                                                                    
     request for  credit made  more than  90 days  after the                                                                    
     deadline except for good cause.                                                                                            
                                                                                                                                
Vice-Chair Neuman  asked about Section  16 as it  related to                                                                    
sexual  conduct   victimization.  He  asked  if   there  was                                                                    
specific  language   in  the  section  that   prohibited  an                                                                    
attorney  from  delving  into   the  victim's  prior  sexual                                                                    
conduct.                                                                                                                        
                                                                                                                                
Ms.  Carpeneti  replied that  it  was  in current  law.  She                                                                    
stated that the procedure in  the rape shield protection was                                                                    
that  a  defense attorney  should  raise  the issue  in  the                                                                    
evidence that  they wanted to  have introduced,  outside the                                                                    
presence  of the  jury, so  that the  judge could  weigh the                                                                    
relevance  of  the  evidence before  it  was  introduced  at                                                                    
trial.  She noted  that sometimes  information was  relevant                                                                    
and needed to be introduced.                                                                                                    
                                                                                                                                
9:48:52 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman queried where  the changes were located in                                                                    
Section 16.                                                                                                                     
                                                                                                                                
Ms.  Carpeneti  pointed  to  Line   18  of  page  9  of  the                                                                    
legislation which said:                                                                                                         
                                                                                                                                
     evidence of  the [COMPLAINING  WITNESS'PREVIOUS] sexual                                                                    
     conduct  of the  complaining witness,  occurring either                                                                    
     before  or  after  the  offense  charged,  may  not  be                                                                    
     admitted  nor  may  reference  be made  to  it  in  the                                                                    
     presence  of  the  jury  except  as  provided  in  this                                                                    
     section.                                                                                                                   
                                                                                                                                
Representative Wilson looked at  Section 17. She wondered if                                                                    
there were  statistics showing  that the  treatment programs                                                                    
worked.                                                                                                                         
                                                                                                                                
Mr. Svobodny  answered that  through case  law in  the state                                                                    
people got  credit for time  in jail and  if they were  in a                                                                    
program that  the court called the  functional equivalent of                                                                    
incarceration. If a person was  in an alcohol rehabilitation                                                                    
program, in  a locked  facility, they  would get  credit for                                                                    
the time there. The provision  stated that 10 day notice had                                                                    
to be given to the  court prior to sentencing that requested                                                                    
the  credit.  He  stressed  that  the  people  who  ran  the                                                                    
programs  were   striving  for  scientific   based  analysis                                                                    
related to the programs' success.                                                                                               
                                                                                                                                
Representative   Wilson  wondered   if  it   cost  more   to                                                                    
rehabilitate or  incarcerate an  offender. She  wondered who                                                                    
was paying for the rehabilitation programs.                                                                                     
                                                                                                                                
Mr. Svobodny replied that  the rehabilitation programs would                                                                    
cost less than incarceration.                                                                                                   
                                                                                                                                
Representative Wilson  asserted that the state  paid for the                                                                    
rehabilitation programs.  She asked for more  information on                                                                    
the cost to the state.                                                                                                          
                                                                                                                                
9:53:19 AM                                                                                                                    
                                                                                                                                
Ms. Carpeneti turned to Section 19:                                                                                             
                                                                                                                                
     Section 19 makes a person  convicted of sex trafficking                                                                  
    ineligible for a suspended imposition of sentence.                                                                          
                                                                                                                                
Ms. Carpeneti continued to Section 20:                                                                                          
                                                                                                                                
     Sections 20  requires the court in  sentencing a person                                                                  
     convicted  of two  or more  crimes  of distribution  of                                                                    
     child pornography, possession  of child pornography, or                                                                    
     distribution  of indecent  material to  minors to  give                                                                    
     some consecutive  time for each  crime or  attempted or                                                                    
     solicited  crime  for  which  the  defendant  is  being                                                                    
     sentenced.                                                                                                                 
                                                                                                                                
Co-Chair Stoltze resumed control of the gavel.                                                                                  
                                                                                                                                
Representative  Thompson  requested further  explanation  of                                                                    
the language in Section 21, line 28:                                                                                            
                                                                                                                                
     (2) a  history free  of unprosecuted,  undocumented, or                                                                    
     undetected sexual offenses.                                                                                                
                                                                                                                                
Ms. Carpeneti  replied that the  court of appeals  ruling on                                                                    
Collins v.  State had  created two  non-statutory mitigating                                                                    
factors  that  would  justify  a  person's  sentence  to  be                                                                    
transferred from the court to  a three-judge panel. Based on                                                                    
legislative intent in 2006, when  the legislature had raised                                                                    
the  sentencing   ranges  for  most  sexual   felonies,  the                                                                    
findings  adopted  by  the Senate  stated  that  people  who                                                                    
committed  sexual  felonies  were  difficult  to  treat  and                                                                    
tended  to  reoffend  at  a  high  rate.  Additionally,  the                                                                    
finding  stated that  generally,  people  who committed  sex                                                                    
felonies  had victimized  many people  before they  had been                                                                    
reported and prosecuted.  Furthermore, many sexual offenders                                                                    
began crimes  early in  life and the  harm that  they caused                                                                    
their victims was devastating. The  court had taken from the                                                                    
findings that the legislative intent  was that a person with                                                                    
less than extraordinary  prospects for rehabilitation should                                                                    
be transferred  to a three-judge  panel. The  department did                                                                    
not believe  the legislative intent from  2006 justified the                                                                    
court  ruling.  She noted  that  it  would be  difficult  to                                                                    
disprove "a  history free of unprosecuted,  undocumented, or                                                                    
undetected sexual  offenses" because the offense  would have                                                                    
been undetected.                                                                                                                
                                                                                                                                
9:58:14 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman  asserted that  the legislative  intent in                                                                    
2006 was based  on the fact that  convicted sexual offenders                                                                    
had a 92  percent recidivism rate, only 22 to  24 percent of                                                                    
all  sexual   offenses  were  reported,  and   every  sexual                                                                    
offender  had 12  to  14 offenses  before  being caught.  He                                                                    
stressed that  the intent  was to  make sure  that offenders                                                                    
went to jail for the safety of the rest of society.                                                                             
                                                                                                                                
Ms. Carpeneti continued to Section 23:                                                                                          
                                                                                                                                
     Section  23  corrects an  error  in  the definition  of                                                                  
     sexual   felony  by   including  the   crimes  of   sex                                                                    
     trafficking in  the first degree and  online enticement                                                                    
     of a  minor in the definition.  The term is used  in AS                                                                    
     12.55.125(i),  which  adopts higher  sentencing  ranges                                                                    
     for  most sex  felonies, including  sex trafficking  in                                                                    
    the first degree and online enticement of a minor.                                                                          
                                                                                                                                
Ms. Carpeneti turned to Section 24:                                                                                             
                                                                                                                                
     Section  24 adds  the felony  of  being a  patron of  a                                                                  
     prostitute who  is under 18  years of age  in violation                                                                    
     of   AS  11.66.100   to  those   crimes  that   require                                                                    
     registration as  a sex  offender, if  the patron  is 18                                                                    
     years or older and at  least three years older than the                                                                    
     prostitute. It  also corrects a reference  to the crime                                                                    
     of sex  trafficking in the  first degree and  the third                                                                    
     degree in the sex offender law.                                                                                            
                                                                                                                                
Ms. Carpeneti continued to Sections 25 and 26:                                                                                  
     Sections 25  and 26 make  conforming amendments  to the                                                                  
     warning  on  sexual  assault,  stalking,  and  domestic                                                                    
     violence  protective  orders.   Certain  violations  of                                                                    
     these  protective  orders  are a  class  A  misdemeanor                                                                    
     under  AS 11.56.740.  The maximum  fine for  a class  A                                                                    
     misdemeanor  has  been  raised   to  $10,000  under  AS                                                                    
     12.55.035.  Sections 25  and 26  update the  warning to                                                                    
     describe the maximum fine under current law.                                                                               
                                                                                                                                
Ms. Carpeneti moved to Section 27:                                                                                              
                                                                                                                                
     Section 27 adds to  the definition of victim counseling                                                                  
     centers to  include victim counseling  centers operated                                                                    
     by or  contracted by  a branch of  the armed  forces of                                                                    
     the  United States.  The effect  of this  change is  to                                                                    
     extend  the privilege  for confidential  communications                                                                    
     between  a   victim  of  sexual  assault   or  domestic                                                                    
     violence   and    their   counselors    to   counseling                                                                    
     organizations   that   provide  services   to   victims                                                                    
     connected with the military.                                                                                               
                                                                                                                                
10:02:02 AM                                                                                                                   
                                                                                                                                
Representative Thompson wondered what a military contract                                                                       
entailed.                                                                                                                       
                                                                                                                                
Ms. Carpeneti understood that some military bases                                                                               
contracted out for base counselors.                                                                                             
                                                                                                                                
Ms. Carpeneti resumed the sectional analysis:                                                                                   
                                                                                                                                
     Section 28  amends the law  addressing persons  who are                                                                  
     eligible  for violent  crimes  compensation to  include                                                                    
     victims  of  sex  trafficking, human  trafficking,  and                                                                    
     unlawful exploitation of a minor.                                                                                          
                                                                                                                                
     Sections  29,  39,  and 40  strengthen  and  make  more                                                                  
     explicit statutes and court rules  that require a court                                                                    
     to  consider the  impact of  the crime  on the  victim.                                                                    
     Section 39  requires the presentence report  to include                                                                    
     a victim impact statement or  an explanation of why the                                                                    
     victim   or  victim's   representative  could   not  be                                                                    
     interviewed. Section 40 requires  the court to take the                                                                    
     victim's impact  statement into account  when preparing                                                                    
     the sentencing  report and for other  purposes. Section                                                                    
     29  requires the  Alaska  Judicial  Council to  include                                                                    
     information  about a  judge's consideration  of victims                                                                    
     when  imposing sentence  in a  felony  case with  other                                                                    
     information  about  the  judge  in  connection  with  a                                                                    
     retention election.                                                                                                        
                                                                                                                                
Ms. Carpeneti  explained that  in the  house version  of the                                                                    
bill the  House Judiciary Committee had  added two sections:                                                                    
30 and  31. The section  addressed the state's  adoption law                                                                    
which contained  a savings  clause that  provided that  if a                                                                    
victim of  sexual assault or abuse  had a child as  a result                                                                    
of the crime the victim  could sue to terminate the parental                                                                    
rights of  the perpetrator. The  savings clause was  a civil                                                                    
provision  that provided  that  if the  victim  had filed  a                                                                    
cause  of action  to terminate  the parental  rights of  the                                                                    
perpetrator,  then  the  victim   would  also  retain  other                                                                    
remedies for damages. The two  sections added sexual assault                                                                    
to the savings  clause and then defined  sexual assault. The                                                                    
addition  of  sexual  assault  in  the  savings  clause  was                                                                    
something that had needed to be fixed.                                                                                          
                                                                                                                                
Ms. Carpeneti continued with the sectional analysis:                                                                            
                                                                                                                                
     Section  30  provides that  a  person  convicted of  an                                                                  
     unclassified or  class A sexual felony  is not eligible                                                                    
     for mandatory parole (also called good time).                                                                              
                                                                                                                                
10:06:18 AM                                                                                                                   
                                                                                                                                
     Sections  31 --  34  address the  procedure  for a  law                                                                  
     enforcement   officer  to   obtain  an   administrative                                                                    
     subpoena  for  the  business  records  of  an  Internet                                                                    
     service provider. These subpoenas  may be issued in the                                                                    
     investigation of  the crimes of online  enticement of a                                                                    
     minor, unlawful  exploitation of a  minor, distribution                                                                    
     of child pornography,  possession of child pornography,                                                                    
     and distribution  of indecent material to  a minor. The                                                                    
     amendments allow the attorney  general to designate the                                                                    
     deputy attorney  general for the civil  division or the                                                                    
     criminal  division  to  evaluate applications  for  the                                                                    
     subpoena,  in addition  to  the  attorney general.  The                                                                    
     investigation of  these cases  often requires  a prompt                                                                    
     response to  a request for  a subpoena, and  having two                                                                    
     attorneys  who   may  approve  them  will   assist  law                                                                    
     enforcement in their investigations.                                                                                       
                                                                                                                                
     Section  35  adds to  the  circumstances  that allow  a                                                                  
     court to  decide that reasonable efforts  by the Office                                                                    
     of Children's Services to reunite  a child who is in an                                                                    
     out-of-home placement  with the child's family  are not                                                                    
     required.  It provides  that the  court  may make  this                                                                    
     determination  if  it  finds by  clear  and  convincing                                                                    
     evidence  that the  parent  or  guardian has  committed                                                                    
     sexual abuse against the child  or another child of the                                                                    
     parent or guardian,  or that the parent  or guardian is                                                                    
     registered or  required to register  as a  sex offender                                                                    
     or child kidnapper.                                                                                                        
                                                                                                                                
Co-Chair   Stoltze  asked   if  the   issue  was   currently                                                                    
discretionary.                                                                                                                  
                                                                                                                                
Ms. Carpeneti replied  that it was not  specified in current                                                                    
law. The  section would  add the  provisions of  whether the                                                                    
parent or  guardian had abused  a child or was  a registered                                                                    
sex offender.                                                                                                                   
                                                                                                                                
Co-Chair  Stoltze  understood  that under  current  law  the                                                                    
Office  of Children's  Services  was required  to make  best                                                                    
efforts  to reunite  a child  in out-of-home  placement with                                                                    
the child's family.                                                                                                             
                                                                                                                                
Ms. Carpeneti replied in the affirmative.                                                                                       
                                                                                                                                
Representative  Thompson asked  whether the  language of  AS                                                                    
12.63 was  too broad  because it  included everyone  who had                                                                    
ever  had  to  register  and not  just  the  most  egregious                                                                    
offenders.                                                                                                                      
                                                                                                                                
Ms.  Carpeneti   noted  that   it  was   discretionary.  The                                                                    
department would  have to ask  for the judge to  excuse them                                                                    
from best  efforts and  then the judge  would use  their own                                                                    
discretion. If the person were  no longer on the registry it                                                                    
would not apply.                                                                                                                
                                                                                                                                
10:11:38 AM                                                                                                                   
                                                                                                                                
Representative Costello referred to  a presentation from the                                                                    
Department of  Public Safety in  the year prior.  During the                                                                    
presentation  Commissioner  Masters  had  relayed  that  the                                                                    
state  did  not   comply  with  all  of   the  Sex  Offender                                                                    
Registration   and   Notification    Act   (SORNA)   federal                                                                    
requirements for registration. She  referred to a letter she                                                                    
had  received  from  the commissioner  that  explained  that                                                                    
there were offenses under Alaska  law that did not currently                                                                    
require  registration  under  AS  12.62 but  that  would  be                                                                    
required under  federal law; human trafficking  in the First                                                                    
degree  if  the  victim  was   under  18  years  old,  human                                                                    
trafficking in  the Second  degree if  the victim  was under                                                                    
the age  of 18 years  old, and involving sexual  contact. In                                                                    
addition, federal offenses that  were not currently included                                                                    
in the  state's requirement  for the registry  included: sex                                                                    
trafficking  of  children,  video   voyeurism  of  a  minor,                                                                    
offenses resulting in death, and  misleading domain names on                                                                    
the internet.  She added that  state did not  require school                                                                    
information  for  the  sex offender  registry,  which  could                                                                    
expose  high school  students attending  college classes  to                                                                    
offenders.                                                                                                                      
                                                                                                                                
Ms.  Carpeneti  replied  that  the  bill  would  add  felony                                                                    
patrons   of  child   prostitutes   to   the  sex   offender                                                                    
requirement.  She  believed  that sex  trafficking  offenses                                                                    
were included in the state's  sex offender registration. She                                                                    
requested  a copy  of commissioner's  letter and  offered to                                                                    
reply specifically to  any questions the letter  raised at a                                                                    
later date.                                                                                                                     
                                                                                                                                
Representative  Costello said  she would  provide a  copy of                                                                    
the letter to the committee and the department.                                                                                 
                                                                                                                                
Representative Wilson  asked if the provision  in Section 35                                                                    
could open the courts up to liability.                                                                                          
                                                                                                                                
Ms. Carpeneti replied  that the bill would  allow the courts                                                                    
to  make the  best  decision possible  with the  information                                                                    
available.  She  said  that the  courts  were  protected  by                                                                    
immunity for judicial acts.                                                                                                     
                                                                                                                                
Representative Wilson  did not understand why  the provision                                                                    
was discretionary and not mandatory.                                                                                            
                                                                                                                                
Ms.  Carpeneti responded  that the  section  would give  the                                                                    
courts the  discretion to excuse the  department from trying                                                                    
to make best  efforts to reunite the child with  a parent or                                                                    
guardian  who  refused to  address  behavior  that could  be                                                                    
damaging to the child.                                                                                                          
                                                                                                                                
10:16:24 AM                                                                                                                   
                                                                                                                                
Ms. Carpeneti continued with the sectional analysis:                                                                            
                                                                                                                                
     Sections 36 and 37 add  athletic coaches to the persons                                                                  
     who  are  required  to report  to  authorities  if  the                                                                    
     person  has reasonable  cause to  believe that  a child                                                                    
     has  suffered   harm  from  child  abuse   or  neglect.                                                                    
     Athletic  coach is  defined in  Section  37 to  include                                                                  
    paid leaders of a sports team and their assistants.                                                                         
                                                                                                                                
     Section  38  adopts  a  court   rule  that  limits  the                                                                  
     publication  of child  pornography  that occurs  during                                                                    
     the  discovery process  in a  prosecution for  unlawful                                                                    
     exploitation  of  a  minor. Because  every  viewing  of                                                                    
     child pornography is an additional  harm to the victim,                                                                    
     this   section   requires   the   defendant   and   the                                                                    
     defendant's attorney  to view the material  where it is                                                                    
     stored. If a defendant  is not represented, it requires                                                                    
     the  court   to  arrange  for   the  defendant   to  be                                                                    
     supervised   while  viewing   the   material.  If   the                                                                    
     defendant requests that an expert  witness out of state                                                                    
     view the material, it requires  the court to arrange to                                                                    
     send the material directly to the expert.                                                                                  
                                                                                                                                
Ms. Carpeneti  pointed out that  SB 22 would only  allow the                                                                    
materials  to  be  copied  and sent  to  an  expert  witness                                                                    
outside the  state. The house  version extended  the court's                                                                    
ability  to copy  the  material  and send  it  to an  expert                                                                    
witness both inside and outside the state.                                                                                      
                                                                                                                                
Representative Thompson  expressed concern with  copying and                                                                    
sending the information outside the  state. He noted that an                                                                    
expert witness was not an officer of the court.                                                                                 
                                                                                                                                
Ms. Carpeneti  replied that expert witnesses  needed special                                                                    
equipment  to  view  the material  which  would  burden  the                                                                    
expert to bring their equipment to the material.                                                                                
                                                                                                                                
Mr. Svobodny discussed  an Adam Walsh Act. He  said that the                                                                    
defense could argue  that they could choose  the expert that                                                                    
they wanted from wherever they  wanted. He asserted that the                                                                    
client had  the right to  have the material examined  by the                                                                    
person of their choice. He said  that it was a cost question                                                                    
and that it was expensive to send materials out of state.                                                                       
                                                                                                                                
10:20:58 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stoltze   asked  the  department  to   finish  the                                                                    
sectional analysis at a later date.                                                                                             
                                                                                                                                
SB  22  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
CS FOR SENATE BILL NO. 21(FIN) am(efd fld)                                                                                    
                                                                                                                                
     "An  Act relating  to the  interest rate  applicable to                                                                    
     certain amounts due for fees,  taxes, and payments made                                                                    
     and property  delivered to  the Department  of Revenue;                                                                    
     providing a  tax credit against the  corporation income                                                                    
     tax  for   qualified  oil  and  gas   service  industry                                                                    
     expenditures; relating  to the  oil and  gas production                                                                    
     tax rate; relating  to gas used in  the state; relating                                                                    
     to  monthly installment  payments  of the  oil and  gas                                                                    
     production tax; relating to oil  and gas production tax                                                                    
     credits for  certain losses and  expenditures; relating                                                                    
     to  oil and  gas  production  tax credit  certificates;                                                                    
     relating  to  nontransferable   tax  credits  based  on                                                                    
     production;  relating to  the  oil and  gas tax  credit                                                                    
     fund; relating  to annual  statements by  producers and                                                                    
     explorers;    establishing    the     Oil    and    Gas                                                                    
     Competitiveness  Review  Board; and  making  conforming                                                                    
     amendments."                                                                                                               
                                                                                                                                
CSSB 21(FIN am(efd fld)was SCHEDULED but not HEARD.                                                                             
                                                                                                                                
HOUSE BILL NO. 73                                                                                                             
                                                                                                                                
     "An  Act relating  to the  commencement of  actions for                                                                    
     felony  sex trafficking  and felony  human trafficking;                                                                    
     relating to  the crime of  sexual assault;  relating to                                                                    
     the crime  of unlawful contact; relating  to forfeiture                                                                    
     for certain crimes  involving prostitution; relating to                                                                    
     the  time in  which to  commence certain  prosecutions;                                                                    
     relating  to release  for violation  of a  condition of                                                                    
     release in  connection with a crime  involving domestic                                                                    
     violence;   relating   to   interception   of   private                                                                    
     communications  for certain  sex  trafficking or  human                                                                    
     trafficking offenses;  relating to  use of  evidence of                                                                    
     sexual  conduct concerning  victims of  certain crimes;                                                                    
     relating  to  procedures  for granting  immunity  to  a                                                                    
     witness   in  a   criminal   proceeding;  relating   to                                                                    
     consideration at  sentencing of  the effect of  a crime                                                                    
     on  the  victim;  relating  to  the  time  to  make  an                                                                    
     application for credit for time  served in detention in                                                                    
     a  treatment   program  or  while  in   other  custody;                                                                    
     relating to  suspending imposition of sentence  for sex                                                                    
     trafficking;  relating  to  consecutive  sentences  for                                                                    
     convictions   of   certain   crimes   involving   child                                                                    
     pornography or  indecent materials to  minors; relating                                                                    
     to  the referral  of sexual  felonies to  a three-judge                                                                    
     panel; relating  to the  definition of  'sexual felony'                                                                    
     for sentencing and probation  for conviction of certain                                                                    
     crimes;  relating to  the definition  of "sex  offense"                                                                    
     regarding  sex   offender  registration;   relating  to                                                                    
     protective orders  for stalking and sexual  assault and                                                                    
     for a  crime involving  domestic violence;  relating to                                                                    
     the  definition  of  'victim  counseling  centers'  for                                                                    
     disclosure of certain  communications concerning sexual                                                                    
     assault  or  domestic  violence;  relating  to  violent                                                                    
     crimes  compensation; relating  to certain  information                                                                    
     in retention  election of judges  concerning sentencing                                                                    
     of   persons  convicted   of   felonies;  relating   to                                                                    
     remission  of  sentences   for  certain  sexual  felony                                                                    
     offenders;  relating  to  the  subpoena  power  of  the                                                                    
     attorney  general  in cases  involving  the  use of  an                                                                    
     Internet  service   account;  relating   to  reasonable                                                                    
     efforts in child-in-need-of-aid  cases involving sexual                                                                    
     abuse  or   sex  offender  registration;   relating  to                                                                    
     mandatory reporting by athletic  coaches of child abuse                                                                    
     or  neglect;  making  conforming  amendments;  amending                                                                    
     Rules  16, 32.1(b)(1),  and  32.2(a),  Alaska Rules  of                                                                    
     Criminal  Procedure,  Rule   404(b),  Alaska  Rules  of                                                                    
     Evidence,  and  Rule  216, Alaska  Rules  of  Appellate                                                                    
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
HB 73 was SCHEDULED but not HEARD.                                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
10:21:29 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:21 a.m.                                                                                         

Document Name Date/Time Subjects
HB 73 Changes JUD.pdf HFIN 4/2/2013 9:00:00 AM
HB 73
HB 73 Comparison to CSSB 22 FIN.pdf HFIN 4/2/2013 9:00:00 AM
HB 73
SB 22
HB 73 Sectional Analysis JUD.pdf HFIN 4/2/2013 9:00:00 AM
HB 73
HB 73 Support.pdf HFIN 4/2/2013 9:00:00 AM
HB 73
SB 22 support.PDF HFIN 4/2/2013 9:00:00 AM
SB 22
SB 22 Transmittal Letter.pdf HFIN 4/2/2013 9:00:00 AM
SB 22
SB 22 CSSB 22(FIN) Sectional description.pdf HFIN 4/2/2013 9:00:00 AM
SB 22
SB 22 - CSSB22(FIN) -l Letters of Support.pdf HFIN 4/2/2013 9:00:00 AM
SB 22
SB 22 -- CSSB 22(FIN) -- differences from HB 73.doc HFIN 4/2/2013 9:00:00 AM
HB 73
SB 22
SB 22 - CSSB22 (FIN) highlights.doc HFIN 4/2/2013 9:00:00 AM
SB 22
SB 22 (FIN).ACLU Review.2013-04-03.pdf HFIN 4/2/2013 9:00:00 AM
SB 22