Legislature(1993 - 1994)

02/24/1993 01:00 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                        February 24, 1993                                      
                            1:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Pete Kott                                                               
  Rep. Gail Phillips                                                           
  Rep. Joe Green                                                               
  Rep. Cliff Davidson                                                          
  Rep. Jim Nordlund                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 69:    "An Act relating to registration of and                            
            information about sex offenders and amending                       
            Alaska Rules of Criminal Procedure 11(c) and                       
            32(b)."                                                            
                                                                               
            HELD FOR FURTHER CONSIDERATION                                     
                                                                               
  HB 97:    "An Act clarifying the responsibilities of the                     
            Department of Health and Social Services and                       
            parents for children who are committed to the                      
            custody of the department and are placed by the                    
            department with the parents; and providing for an                  
            effective date."                                                   
                                                                               
            NOT HEARD                                                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  DEBRA GERRISH                                                                
  9202 Emily Way                                                               
  Juneau, Alaska 99801                                                         
  Phone:  789-3236                                                             
  Position Statement:  Supported HB 69                                         
                                                                               
  GAYLE HORETSKI                                                               
  Committee Counsel                                                            
  House Judiciary Committee                                                    
  State Capitol, Room 120                                                      
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-4990                                                             
  Position Statement:  Discussed HB 69                                         
                                                                               
  C E. SWACKHAMMER                                                             
  Deputy Commissioner                                                          
  Department of Public Safety                                                  
  P.O. Box 111200                                                              
  Juneau, Alaska 99811-0200                                                    
  Phone:  465-4322                                                             
  Position Statement:  Discussed HB 69                                         
                                                                               
  MARGOT KNUTH                                                                 
  Assistant Attorney General                                                   
  Criminal Division                                                            
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  465-3428                                                             
  Position Statement:  Discussed HB 69                                         
                                                                               
  DOUG WOOLIVER                                                                
  Staff for the House Majority                                                 
  Alaska State Legislature                                                     
  State Capitol, Room 24                                                       
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-6846                                                             
  Position Statement:  Answered questions on HB 69                             
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB  69                                                                
  SHORT TITLE: SEX OFFENDER REGISTRATION                                       
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) BARNES,Ulmer,Phillips,                         
  Nordlund,Porter,Olberg,James,B.Davis,Green,Sanders,                          
  Toohey,Mackie                                                                
                                                                               
  TITLE: "An Act relating to registration of and information                   
  about sex offenders and amending Alaska Rules of Criminal                    
  Procedure 11(c) and 32(b)."                                                  
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/15/93        89    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/15/93        90    (H)   STATE AFFAIRS,JUDICIARY,FINANCE                  
  01/27/93       169    (H)   COSPONSOR(S): NORDLUND                           
  01/29/93       183    (H)   COSPONSOR(S): PORTER                             
  02/01/93       202    (H)   COSPONSOR(S): OLBERG, JAMES,                     
                              B.DAVIS                                          
  02/02/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  02/02/93              (H)   MINUTE(STA)                                      
  02/03/93       223    (H)   COSPONSOR(S): GREEN, SANDERS,                    
                              TOOHEY                                           
  02/04/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  02/06/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  02/06/93              (H)   MINUTE(STA)                                      
  02/08/93       250    (H)   STA RPT  CS(STA)  4DP                            
  02/08/93       251    (H)   DP: VEZEY,SANDERS,ULMER,G.DAVIS                  
  02/08/93       251    (H)   -2 ZERO FNS (LAW, CORR) 2/8/93                   
  02/10/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
  02/10/93              (H)   MINUTE(JUD)                                      
  02/18/93       383    (H)   COSPONSOR(S): MACKIE                             
  02/24/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
  BILL:  HB  97                                                                
  SHORT TITLE: PARENTAL CARE FOR CHILD IN STATE CUSTODY                        
  BILL VERSION:                                                                
  SPONSOR(S): HEALTH, EDUCATION AND SOCIAL SERVICES                            
                                                                               
  TITLE: "An Act clarifying the responsibilities of the                        
  Department of Health and Social Services and parents for                     
  children who are committed to the custody of the department                  
  and are placed by the department with the parents; and                       
  providing for an effective date."                                            
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/29/93       177    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/29/93       178    (H)   HES, JUDICIARY, FINANCE                          
  02/08/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/08/93              (H)   MINUTE(HES)                                      
  02/10/93       288    (H)   HES RPT  7DP  2NR                                
  02/10/93       288    (H)   DP: BUNDE,G.DAVIS,TOOHEY,OLBERG                  
  02/10/93       288    (H)   DP: NICHOLIA,B.DAVIS,BRICE                       
  02/10/93       288    (H)   NR: KOTT, VEZEY                                  
  02/10/93       289    (H)   -ZERO FISCAL NOTE (DHSS) 2/10/93                 
  02/17/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
  02/17/93              (H)   MINUTE(JUD)                                      
  02/24/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-20, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Committee meeting was called to order at                 
  2:08 p.m. on February 24, 1993.  A quorum was present.                       
                                                                               
  CHAIRMAN PORTER announced that although two bills were                       
  scheduled to be heard, the committee would likely not have                   
  time to hear HB 97, Parental Care of Child in State Custody.                 
  The chairman announced that the committee would first take                   
  up HB 69, Sex Offender Registration.                                         
  HB 69 - SEX OFFENDER REGISTRATION                                            
                                                                               
  Number 031                                                                   
                                                                               
  DEBRA GERRISH, from Juneau, testified that she had been                      
  raped 19 years earlier.  She stated that for many years she                  
  feared what would happen when her attacker was released from                 
  prison.  She said she supported HB 69 because she believed                   
  that victims of sex offenses should not have to live with                    
  the fear of their attackers reappearing.                                     
                                                                               
  Number 070                                                                   
                                                                               
  CHAIRMAN PORTER commented that HB 69 would require that                      
  convicted sex offenders register with the Department of                      
  Public Safety or a local police department.  He added that                   
  the registration information would be available to the                       
  public and to victims.                                                       
                                                                               
  Number 103                                                                   
                                                                               
  GAYLE HORETSKI, COMMITTEE COUNSEL TO THE HOUSE JUDICIARY                     
  COMMITTEE, described amendments made to a proposed Judiciary                 
  committee substitute (CS).  She called members' attention to                 
  a work draft dated February 24, 1993.  She stated that the                   
  first change was located on page 1, section 2, of the work                   
  draft.  She noted that in the work draft the specific                        
  registration requirements were set out, whereas the previous                 
  version of the bill merely stated that an offender needed to                 
  register.                                                                    
                                                                               
  MS. HORETSKI added that failure to register was made a class                 
  A misdemeanor in the current work draft.  She noted that in                  
  an earlier version of HB 69, failure to register was                         
  sometimes a class A misdemeanor, and other times a class B                   
  misdemeanor.                                                                 
                                                                               
  Number 157                                                                   
                                                                               
  MS. HORETSKI noted a technical, cross-referencing change                     
  located in section 3, line 6.  She mentioned that major                      
  changes had been made to section 4 of the work draft.  She                   
  said that an earlier draft of the bill was thought to                        
  provide impediments to registration by requiring an offender                 
  to register with the state troopers.  If the offender was                    
  not able to reach the state troopers, then he could register                 
  at a local police department.  The current work draft, on                    
  page 2, line 19, required an offender to register with                       
  either the state troopers or a local police department.                      
  This new language was proposed by the Department of Public                   
  Safety, she added, and was supported by the chiefs of                        
  police.                                                                      
                                                                               
  Number 190                                                                   
                                                                               
  MS. HORETSKI called the members' attention to page 2, line                   
  23.  She said the words "at a minimum" had been added prior                  
  to the list of registration requirements.  She noted that                    
  the change would give the Department of Public Safety                        
  latitude to expand the registration requirements.  She                       
  indicated that on page 2, line 27, the word "Alaska" was                     
  removed from in front of "driver's license number."                          
                                                                               
  MS. HORETSKI commented that the phrase "local police                         
  department" appeared throughout the current work draft.                      
  However, the drafters preferred to use the phrase "municipal                 
  police department" because it was felt that the latter                       
  phrase was more clearly defined in statute.                                  
                                                                               
  Number 219                                                                   
                                                                               
  REP. PHILLIPS asked Ms. Horetski if "municipal police                        
  department" would, in any instance, not apply to a local                     
  police department in Alaska.                                                 
                                                                               
  Number 223                                                                   
                                                                               
  MS. HORETSKI replied that according to the drafters,                         
  "municipal police department" would apply to all local                       
  police departments in the state.                                             
                                                                               
  REP. PHILLIPS asked if the phrase would apply to village                     
  public safety officers (VPSOs) as well.                                      
                                                                               
  MS. HORETSKI indicated that village public safety officers                   
  would not be included in the definition of "municipal police                 
  department."  She said that she recalled Deputy Commissioner                 
  Swackhammer of the Department of Public Safety saying that                   
  the department did not favor including VPSOs because they                    
  were not equipped with cameras and fingerprinting equipment.                 
                                                                               
  Number 237                                                                   
                                                                               
  CHAIRMAN PORTER asked if using "municipal police department"                 
  would exclude the North Slope Borough police department.                     
                                                                               
  Number 245                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER, of the DEPARTMENT OF PUBLIC                 
  SAFETY, responded that the North Slope Borough was                           
  considered a municipality under Title 29 of the Alaska                       
  Statutes.  He commented that in a few instances, villages                    
  had what were called village police officers.  In those                      
  cases, he said, the officer's authority was conferred by the                 
  village.  He said he preferred that HB 69 use the term                       
  "local police department."                                                   
                                                                               
  REP. GREEN questioned whether either "local" or "municipal"                  
  could be used.                                                               
                                                                               
  MS. HORETSKI replied that the drafter's objection was that                   
  the term "local" was not defined in statute, whereas the                     
  term "municipal" was.  She said that she did not mind using                  
  the term "municipal" as long as it was broad enough to                       
  include police departments located in smaller communities                    
  that perhaps had not yet incorporated.  She added that the                   
  drafters believed that the "municipal" terminology would                     
  cover those smaller departments.                                             
                                                                               
  Number 279                                                                   
                                                                               
  CHAIRMAN PORTER commented that the test of the language was                  
  whether or not it created more questions than it answered.                   
  He noted that the statute would be interpreted by those                      
  individuals who were required to register.  He said he would                 
  be more comfortable with the term "local police department"                  
  as a common knowledge term.                                                  
                                                                               
  Number 295                                                                   
                                                                               
  REP. NORDLUND said that he believed that any local,                          
  organized political subdivision was considered a                             
  municipality under state law.  He commented that the term                    
  "local police department" was less precise in that it was                    
  unclear whether or not that term covered VPSOs.  He said the                 
  proper terminology should be researched.                                     
                                                                               
  Number 308                                                                   
                                                                               
  REP. PHILLIPS noted that a definition of "local police                       
  department" could be added to HB 69.                                         
                                                                               
  Number 312                                                                   
                                                                               
  MS. HORETSKI stated that new language appeared on page 3,                    
  lines 8-11.  She said subsection (e) required that an                        
  offender required to register on or after January 1, 1997,                   
  provide two specimens of blood and a saliva sample.  The                     
  specimens and the sample would be sent to the Department of                  
  Public Safety for genetic typing analysis.  She noted that                   
  the department wished to make some comments about this                       
  addition to the bill.                                                        
                                                                               
  Number 340                                                                   
                                                                               
  REP. PHILLIPS asked what the rationale had been behind                       
  waiting until 1997.                                                          
                                                                               
  Number 341                                                                   
                                                                               
  MS. HORETSKI replied that the state crime laboratory did not                 
  currently have the expertise to perform genetic typing                       
  analysis.                                                                    
                                                                               
  REP. PHILLIPS asked if it would take three years for the                     
  department to gain that expertise.                                           
                                                                               
  MS. HORETSKI responded that representatives of the                           
  Department of Public Safety could best address Rep.                          
  Phillips' question.                                                          
                                                                               
  Number 352                                                                   
                                                                               
  REP. GREEN asked about how an offender would go about                        
  "providing" samples and specimens.                                           
                                                                               
  MS. HORETSKI stated that the department felt it was not                      
  capable of undertaking the genetic typing analysis at the                    
  present time.  However, the bill would give the department                   
  the authority to perform the analysis in the future.  She                    
  noted that in other states, offenders provided samples prior                 
  to their release from prison.  She added that the                            
  Departments of Public Safety and Corrections would be able                   
  to work out cooperative procedures.  She said that strict                    
  procedures for providing samples would have to be employed.                  
  She commented that HB 69 would give the Department of Public                 
  Safety the authority to adopt regulations to implement the                   
  specimen program.                                                            
                                                                               
  MS. HORETSKI indicated that the registration period had been                 
  changed in the current work draft on page 3, lines 15 and                    
  17.  She stated that for unclassified, class A, and class B                  
  felony sex offenses, an offender would have to register for                  
  20 years, as opposed to 10 years in an earlier version of HB
  69.  In addition, an offender convicted of a class C felony                  
  or a class A misdemeanor sex offense would have to register                  
  for 10 years (as compared to five years in earlier versions                  
  of HB 69).                                                                   
                                                                               
  Number 391                                                                   
                                                                               
  REP. PHILLIPS said that during the last committee meeting,                   
  members had requested a lifetime registration requirement.                   
                                                                               
  Number 394                                                                   
                                                                               
  CHAIRMAN PORTER noted that Rep. Phillips was correct.                        
  However, he noted that the Department of Law was concerned                   
  that a lifetime registration would be difficult to defend.                   
  He said that if the committee still wanted to create a                       
  lifetime registration requirement, Margot Knuth from the                     
  Department of Law should address the issue.                                  
                                                                               
  Number 406                                                                   
                                                                               
  REP. PHILLIPS stated that she would also like to hear from                   
  the Department of Public Safety on the subject.                              
                                                                               
  Number 425                                                                   
                                                                               
  MS. HORETSKI noted that the definition of "sex offense" had                  
  been expanded to include the distribution of child                           
  pornography and first-degree promotion of prostitution.  She                 
  added that the definition now also included references to                    
  former laws.                                                                 
                                                                               
  MS. HORETSKI said that minor, technical changes had been                     
  made to section 5 on pages 3 and 4.  She stated that a                       
  photograph of the offender was added to the list of                          
  information that could be released to the public.  Ms.                       
  Horetski said technical changes had been made to section (c)                 
  on page 4.                                                                   
                                                                               
  MS. HORETSKI stated that changes had been made to the                        
  Department of Public Safety's regulatory authority.                          
  Subsections (B) and (C) were additions to the current work                   
  draft, she said.  Those two subsections specified that the                   
  department would adopt regulations to ensure the appropriate                 
  circulation to law enforcement agencies of information                       
  contained in the central registry, and to provide to local                   
  police departments the forms and directions necessary to                     
  allow offenders to comply with registration requirements.                    
                                                                               
  MS. HORETSKI noted that the next change was in HB 69's                       
  applicability section.  She said the work draft held that an                 
  offender was required to register on the date that his or                    
  her duty arose, or on January 1, 1994, whichever date                        
  occurred later.                                                              
                                                                               
  Number 527                                                                   
                                                                               
  CHAIRMAN PORTER asked Deputy Commissioner Swackhammer if                     
  January 1, 1997, was a good date for implementation of the                   
  genetic typing analysis program.                                             
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER replied that it was                          
  difficult to determine what an appropriate date was due to                   
  changes in technology.  He commented that the department                     
  would not need a saliva sample because a single blood sample                 
  would be sufficient for the department's purposes.  He noted                 
  that with current technology, genetic typing analysis would                  
  be cost-prohibitive for the department.  He said he saw the                  
  advantage of having the ability to do that testing allowed                   
  in statute, with the program implemented as technology                       
  allowed.  He noted that the department projected that it                     
  would not be able to implement the program for at least two                  
  years.                                                                       
                                                                               
  Number 557                                                                   
                                                                               
  CHAIRMAN PORTER asked if HB 69 could provide that the                        
  department was authorized to conduct genetic typing analysis                 
  when technology was available.                                               
                                                                               
  Number 561                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER responded that he did not                    
  think that was possible.  He said he agreed with Ms.                         
  Horetski on her approach of including a date certain for                     
  implementing the program.  He expressed his belief that it                   
  would be easier to include a date in the bill at the time,                   
  rather than amending the law later.  He recommended that the                 
  committee strike language relating to saliva samples.  He                    
  also recommended that HB 69 mention that the department                      
  would adopt regulations for how samples would be provided.                   
                                                                               
  CHAIRMAN PORTER asked if the regulations section of the bill                 
  did not already provide for that.                                            
                                                                               
  Number 580                                                                   
                                                                               
  MS. HORETSKI said she believed that the regulations section                  
  already provided for implementing the specimen program.  She                 
  called the members' attention to page 4, line 18, of the                     
  work draft.                                                                  
                                                                               
  Number 590                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER stated that the department                   
  would implement the program so as to ensure that samples                     
  came from a particular offender.                                             
                                                                               
  REP. PHILLIPS commented that the safe thing to do would be                   
  to include the January 1, 1997, date in the bill.  She said                  
  the department could ask for an amendment to the law if it                   
  was apparent that the program could not be implemented by                    
  that date.                                                                   
                                                                               
  REP. GREEN asked if the language pertaining to genetic                       
  typing analysis should be dropped from the bill.  A                          
  discussion ensued among committee members, Ms. Horetski, and                 
  Deputy Commissioner Swackhammer over what to do about the                    
  genetic typing analysis language.                                            
                                                                               
  Number 612                                                                   
                                                                               
  CHAIRMAN PORTER noted that striking the language would not                   
  preclude the department from conducting genetic typing                       
  analyses, but would allow the department to adopt                            
  regulations that included that type of analysis.                             
                                                                               
  Number 632                                                                   
                                                                               
  MS. HORETSKI suggested a language change that required a sex                 
  offender to "provide a specimen of blood adequate for                        
  genetic typing analysis, including analysis of DNA."                         
                                                                               
  Number 644                                                                   
                                                                               
  REP. GREEN commented that he did not want to require the                     
  Department of Public Safety to do something that they might                  
  not want to do.                                                              
                                                                               
  Number 648                                                                   
                                                                               
  CHAIRMAN PORTER noted that the suggested language required                   
  that a specimen be adequate for doing a certain type of                      
  analysis, but did not require that this type of analysis be                  
  performed.  He asked Deputy Commissioner Swackhammer to                      
  comment on the duration of the registration requirements.                    
                                                                               
  Number 659                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER said that he was in favor of                 
  a lifetime registration requirement.  However, he said he                    
  understood that there were legal complications surrounding                   
  lifetime registration requirements.                                          
                                                                               
  Number 671                                                                   
                                                                               
  ASSISTANT ATTORNEY GENERAL MARGOT KNUTH, of the DEPARTMENT                   
  OF LAW'S CRIMINAL DIVISION, stated that it would be helpful                  
  to know about the experiences of other states which had                      
  lifetime registration requirements.  She added that she did                  
  not know whether or not Alaska could enact a lifetime                        
  registration requirement.  She said that most individuals                    
  would find it reasonable to require lifetime registration                    
  for predatory sex offenders.  She stated that the problem                    
  that she foresaw was that the definition of "sex offenders"                  
  included some fairly "minor" sex offenses, including                         
  statutory rape.                                                              
                                                                               
  MS. KNUTH commented that due process laws required a                         
  relationship between legitimate goals of government and                      
  requirements such as registration of sex offenders.  She                     
  noted that the Alaska constitution had the goals of                          
  reaffirming societal norms and rehabilitating offenders.                     
  She expressed her concern that the court system could view a                 
  lifetime registration requirement as inconsistent with                       
  rehabilitation of "non-classic" sex offenders.                               
                                                                               
  MS. KNUTH said that she was also concerned about what would                  
  happen if the courts determined that lifetime registration                   
  of certain sex offenders was a problem.  She commented that                  
  the courts could throw out the entire registration law, or                   
  could tinker with the law to come up with acceptable                         
  registration periods for certain offenders.                                  
                                                                               
  Number 717                                                                   
                                                                               
  REP. PHILLIPS noted that it would be a good idea for the                     
  committee to hear about the experiences of other states.                     
  She indicated that she would prefer lifetime registration                    
  for offenders if the precedent of lifetime registration had                  
  held up to challenges in other states.                                       
                                                                               
  Number 729                                                                   
                                                                               
  REP. GREEN asked why registration periods of 10 and 20 years                 
  had been placed in HB 69.                                                    
                                                                               
  Number 729                                                                   
                                                                               
  MS. KNUTH said that the numbers were probably a result of                    
  simply wanting higher numbers than had been in earlier                       
  versions of HB 69.                                                           
                                                                               
  Number 732                                                                   
                                                                               
  DOUG WOOLIVER, STAFF TO THE HOUSE MAJORITY, said there are                   
  currently at least eight states that have lifetime                           
  registration requirements for sex offenders.  He stated that                 
  the state of Washington had a lifetime registration                          
  requirement for class A felonies, 15 years for class B                       
  felonies, and 10 years for class C felonies.  He noted that                  
  if the committee was concerned that lifetime registration                    
  for lesser sex crimes might be excessively severe, the                       
  Washington model might be a good one to follow.                              
                                                                               
  MR. WOOLIVER commented that the Washington law was currently                 
  being challenged.  He said the law had been upheld at the                    
  appellate level last summer.  He added that the law had been                 
  argued before the Washington Supreme Court, but a decision                   
  had not yet been issued.  He indicated that numerous states                  
  had lifetime registration requirements.                                      
                                                                               
  Number 759                                                                   
                                                                               
  REP. GREEN commented that he liked the approach taken by                     
  Washington state, as it would likely protect against the                     
  courts throwing out the registration requirements entirely.                  
                                                                               
  CHAIRMAN PORTER asked Mr. Wooliver if the Alaska Statutes                    
  lent themselves to the division of registration periods, as                  
  the state of Washington had done.                                            
                                                                               
  MR. WOOLIVER said that Alaska could break down its                           
  registration requirements in a manner similar to the state                   
  of Washington.                                                               
                                                                               
  Number 775                                                                   
                                                                               
  CHAIRMAN PORTER asked if the committee wished for staff to                   
  develop language creating such a breakdown of registration                   
  periods.                                                                     
                                                                               
  REP. PHILLIPS indicated that this was her desire, and                        
  commented that the minimum registration period should be 10                  
  years.                                                                       
                                                                               
  MS. HORETSKI asked if the committee approved of a lifetime                   
  registration requirement for offenders convicted of                          
  unclassified, class A, or class B felony sex offenses, and a                 
  10 year registration requirement for offenders convicted of                  
  class C felony sex offenses or class A misdemeanor sex                       
  offenses.                                                                    
                                                                               
  Number 789                                                                   
                                                                               
  MS. KNUTH suggested a lifetime registration for unclassified                 
  and class A felonies, because both crimes carried                            
  presumptive sentences.  She said the presumptive sentences                   
  were an indication of the seriousness of the crimes                          
  involved.  She suggested that class B and class C felonies,                  
  and misdemeanors, be given registration periods of less than                 
  lifetime.                                                                    
                                                                               
  CHAIRMAN PORTER asked if it would be logical to have one                     
  registration period for class B and class C felonies, and a                  
  shorter period for misdemeanors.                                             
                                                                               
  MS. KNUTH said that the chairman's suggestion was logical.                   
                                                                               
  TAPE 93-20, SIDE B                                                           
  Number 005                                                                   
                                                                               
  CHAIRMAN PORTER suggested a 25 year registration period for                  
  class B and C felonies, and a 10 year registration period                    
  for misdemeanors.                                                            
                                                                               
  Number 010                                                                   
                                                                               
  MS. KNUTH commented that the 25 year period for class B and                  
  class C felonies exceeded the Washington state law by far.                   
                                                                               
  MR. WOOLIVER responded that Washington state had a 15 year                   
  registration requirement for class B felonies and a 10 year                  
  registration period for class C felonies.                                    
                                                                               
  Number 023                                                                   
                                                                               
  REP. PHILLIPS stated that since the current work draft of                    
  HB 69 required a 20 year registration period for class B                     
  felonies, they could leave that requirement as it was,                       
  adding class C felonies to that requirement.  A 10 year                      
  requirement could be placed on misdemeanor offenders, she                    
  said.                                                                        
                                                                               
  MS. KNUTH commented that if the courts had a problem with                    
  registration periods in the bill, they would likely just                     
  lower one level down to the next level, instead of striking                  
  down the entire law.                                                         
                                                                               
  Number 040                                                                   
                                                                               
  CHAIRMAN PORTER noted that Alaska had a constitutional right                 
  to privacy, and that right needed to be kept in mind.  He                    
  asked the committee members if any other issues required                     
  discussion.                                                                  
                                                                               
  REP. PHILLIPS replied that the issue of local police                         
  departments versus municipal police departments needed to be                 
  researched.                                                                  
                                                                               
  Number 074                                                                   
                                                                               
  CHAIRMAN PORTER asked Ms. Horetski if she were aware of a                    
  police department that the committee considered local and                    
  capable of receiving registration information, but which was                 
  not located within a municipality.                                           
                                                                               
  Number 080                                                                   
                                                                               
  MS. HORETSKI responded that she did not know the answer to                   
  the chairman's question.                                                     
                                                                               
  Number 084                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER stated that he had asked                     
  department officials to identify villages that had police                    
  officers.  He noted that there was a difference between                      
  village public safety officers and village police officers.                  
  He said the department would provide that information to the                 
  committee later.                                                             
                                                                               
  Number 095                                                                   
                                                                               
  CHAIRMAN PORTER announced that HB 69 would be back before                    
  the committee on the following Friday.                                       
  CHAIRMAN PORTER indicated there was not time to hear HB 97.                  
                                                                               
  CHAIRMAN PORTER asked the committee to consider introducing                  
  as a committee bill a House bill which had died the previous                 
  year in the Senate Rules Committee.  The bill dealt with the                 
  state's right to appeal in criminal cases, he said.  Hearing                 
  no objection, he announced that the bill would be introduced                 
  as a Judiciary Committee bill.                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 2:55 p.m.                           

Document Name Date/Time Subjects