Legislature(2001 - 2002)

04/19/2002 01:42 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE JUDICIARY COMMITTEE                                                                                 
                         April 19, 2002                                                                                         
                            1:42 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Robin Taylor, Chair                                                                                                     
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Dave Donley, Vice Chair                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 231                                                                                                             
"An Act relating to correctional facilities."                                                                                   
     MOVED CSSB 231(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 243                                                                                                              
"An Act relating to sexual assault or abuse of a minor."                                                                        
     MOVED CSHB 243(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                              
Confirmation Hearing: Sheila Selkregg, PhD, Board of Governors of                                                               
the Alaska Bar Association                                                                                                      
                                                                                                                                
     CONFIRMATION ADVANCED                                                                                                      
                                                                                                                              
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                                
SB 231 - See CRA minutes dated 3/20/02 and Judiciary minutes                                                                    
dated 4/10/02 and 4/15/02.                                                                                                      
                                                                                                                                
HB 243 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Representative Fred Dyson                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 243.                                                                                       
                                                                                                                                
Ms. Anne Carpeneti                                                                                                              
Assistant Attorney General                                                                                                      
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions about HB 243.                                                                         
                                                                                                                                
Ms. Ann Thomas                                                                                                                  
Ketchikan, AK                                                                                                                   
POSITION STATEMENT:  Supports HB 243.                                                                                         
                                                                                                                                
Sheila Selkregg, PhD                                                                                                            
7120 E. Chester Hts. Cir.                                                                                                       
Anchorage, AK 99504                                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-20, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN  ROBIN  TAYLOR  called  the  Senate  Judiciary  Committee                                                            
meeting to order at 1:42 p.m.  Senators  Ellis, Cowdery, and Chair                                                              
Taylor were present. The committee took up SB 231.                                                                              
                                                                                                                                
             SB 231-CORRECTIONAL FACILITY EXPANSION                                                                         
                                                                                                                                
CHAIRMAN TAYLOR informed participants  that the committee heard SB
231 at its previous hearing.                                                                                                    
                                                                                                                                
SENATOR   COWDERY    moved   CSSB    231(JUD)   with    individual                                                              
recommendations and its attached fiscal note.                                                                                   
                                                                                                                                
CHAIRMAN  TAYLOR  announced  that without  objection,  the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
        HB 243-VERIFY AGE REQD FOR DEFENSE IN SEX CRIMES                                                                    
                                                                                                                                
REPRESENTATIVE DYSON  said Alaska  has the dubious  distinction of                                                              
leading  the nation  in child abuse  and child  sexual abuse.  The                                                              
older males  who typically prey on  young girls sometimes  use the                                                              
defense that  they were  told by  the female that  she was  16. In                                                              
working with prosecutors  and law enforcement officials,  he wants                                                              
to  make it  clear in  Alaska law  that  that is  not an  adequate                                                              
defense. If,  in fact,  the victim  is under 16  or at  least four                                                              
years  younger  than  the  perpetrator,  the older  male  needs  a                                                              
stronger  defense than  that he  was told  the minor  was of  age.                                                              
Representative Dyson said in his  first draft of this legislation,                                                              
the older  male would  have to card  the minor  or ask his  or her                                                              
parents.  However, Representative  Berkowitz argued  that was  not                                                              
adequate. The  House Judiciary  committee substitute  requires the                                                              
perpetrator to have  reasonably believed the victim to  be of age,                                                              
which is  existing law, and to  have taken reasonable  measures to                                                              
verify the victim was of age or older.   Representative Dyson said                                                              
that in order  to get a conviction in most crimes,  the prosecutor                                                              
must demonstrate that the perpetrator knew it was a crime.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR noted  the words, "unless the victim  was under 13                                                              
years  of age  at  the  time of  the  alleged offense"  are  being                                                              
deleted and  said that 13  has been the  age of consent  in Alaska                                                              
for some  time, which he finds  offensive. He asked if,  "in fact,                                                              
by  removing  that  is  it  possible  for  someone  to  have  made                                                              
reasonable effort  and to have believed  and yet to  have sexually                                                              
abused someone who is under 13 years of age?"                                                                                   
                                                                                                                                
REPRESENTATIVE DYSON replied that  Ms. Carpeneti, while testifying                                                              
in the House  Judiciary Committee, brought up a case  in which the                                                              
Alaska Court  of Appeals  ruled that one  can't have  an arbitrary                                                              
lower limit  for which the defense  can say, "I thought  they were                                                              
of age."  So by removing that  phrase, the state statutes  will be                                                              
brought  into  conformity with  that  ruling.  He asked  that  Ms.                                                              
Carpeneti address that question.                                                                                                
                                                                                                                                
MS.  ANNE CARPENETI,  representing  the Criminal  Division of  the                                                              
Department of  Law, said  the Court of  Appeals held that  even if                                                              
the  victim  is  under  15, the  defendant  must  be  allowed  the                                                              
possibility of proving the affirmative  defense of mistake of age.                                                              
                                                                                                                                
CHAIRMAN TAYLOR asked how old the defendant was in that case.                                                                   
                                                                                                                                
MS. CARPENETI said she would find  out. She then explained the age                                                              
of consent  is 16 for consensual  sexual relations but,  under age                                                              
13, the  law had  provided that  a defendant  cannot try  to prove                                                              
mistake of age.  However, since the Court of Appeals  ruling, that                                                              
law was struck down so it is being removed in HB 243.                                                                           
                                                                                                                                
CHAIRMAN TAYLOR took public testimony.                                                                                          
                                                                                                                                
MS.  ANN  THOMAS,  representing herself,  said  she  is  extremely                                                              
concerned  for our  children and  society and  the pressures  that                                                              
girls  and boys  are  experiencing with  their  own sexuality  and                                                              
development. She  is glad to  see this legislation.  She expressed                                                              
concern that no legislation pass  that can provide the perpetrator                                                              
a route to escape or get an easier  sentence. She does not want to                                                              
see a perpetrator  get an excellent  defense attorney and  be able                                                              
to say  that he or she  was shown a  false ID. She  believes young                                                              
people  will search  for  ways to  become  adults  and use  clever                                                              
means,  such  as   getting  false  IDs,  and   put  themselves  in                                                              
situations  they cannot  handle.  She noted  perpetrators come  in                                                              
"all sizes, shapes, and colors."  She said she works with children                                                              
and  has found  that parents  cannot  always be  depended upon  to                                                              
protect  their  children.  Therefore   she  believes  it  is  very                                                              
important that any laws enacted do  not contain any loopholes. She                                                              
said this  issue comes  down to  a basic  common sense  principle:                                                              
what  is the  perpetrator  doing anyway  having  sex with  someone                                                              
whose age they  do not know. She asked legislators  to continue to                                                              
enact stricter laws.                                                                                                            
                                                                                                                                
SENATOR   COWDERY  moved   CSHB  243(JUD)   from  committee   with                                                              
individual recommendations.                                                                                                     
                                                                                                                                
CHAIRMAN  TAYLOR  announced  that without  objection,  the  motion                                                              
carried.   He  then  noted   the  committee   would  discuss   the                                                              
confirmation of Dr. Sheila Selkregg.                                                                                            
                                                                                                                                
CHAIRMAN TAYLOR  asked Dr. Selkregg  to give members a  rundown of                                                              
her  background and  the reasons  she wants  to be  seated on  the                                                              
Board of Governors of the Alaska Bar Association.                                                                               
                                                                                                                                
DR. SHEILA  SELKREGG said  she is a  lifelong Alaska  resident who                                                              
has worked  in community  development and  planning. She  has been                                                              
employed by the  Municipality of Anchorage as  a planning director                                                              
and  previously  ran  the  rural   programs  for  the  USDA  rural                                                              
development.  She   is  currently  a  consultant   to  the  Alaska                                                              
Federation of  Natives for their  wellness programs. She  said she                                                              
was  asked  to  sit  on  the  Board  of  Governors  and  said  she                                                              
recognizes  the importance  of  legal integrity,  considering  how                                                              
important  the courts  are  and how  often  cases  are settled  in                                                              
court. She  sees her role  on the Board  of Governors as  a public                                                              
duty.                                                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR asked Dr. Selkregg if she has sat on the board.                                                                 
                                                                                                                                
DR.  SELKREGG  said  she  has  not   but  has  received  reams  of                                                              
information from the Board and will  need a whole new bookshelf in                                                              
her house just to get prepared.                                                                                                 
                                                                                                                                
SENATOR THERRIAULT  noted Dr. Selkregg  worked as an  assistant to                                                              
Dr. Lidia Selkregg in 1974 and asked what the relationship is.                                                                  
                                                                                                                                
DR. SELKREGG said Dr. Lidia Selkregg is her mother.                                                                             
                                                                                                                                
SENATOR  THERRIAULT asked  if she  is  related to  Lee, with  Rise                                                              
Alaska.                                                                                                                         
                                                                                                                                
DR. SELKREGG said Lee is her brother.                                                                                           
                                                                                                                                
SENATOR  THERRIAULT asked  about  Dr. Selkregg's  work  as a  news                                                              
reporter in 1968.                                                                                                               
                                                                                                                                
DR. SELKREGG  said she did  that job  right after high  school and                                                              
then went on to college.                                                                                                        
                                                                                                                                
SENATOR THERRIAULT  asked Dr. Selkregg  about her job  duties when                                                              
she worked with former U.S. Senator Mike Gravel.                                                                                
                                                                                                                                
DR.  SELKREGG said  she  worked as  a  receptionist  and did  some                                                              
casework.                                                                                                                       
                                                                                                                                
There  being  no  further  questions,  SENATOR  COWDERY  moved  to                                                              
forward  Dr.  Selkregg's name  to  the  full  body for  action  on                                                              
confirmation.                                                                                                                   
                                                                                                                                
CHAIRMAN  TAYLOR  announced  that without  objection,  the  motion                                                              
carried and  thanked Dr. Selkregg.  He then adjourned  the meeting                                                              
at 1:57 p.m.                                                                                                                    

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