Legislature(2001 - 2002)

05/02/2001 05:17 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
                    SENATE JUDICIARY COMMITTEE                                                                                
                            May 2, 2001                                                                                         
                             5:17 p.m.                                                                                          
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Robin Taylor, Chair                                                                                                     
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Dave Donley, Vice Chair                                                                                                 
Senator Johnny Ellis                                                                                                            
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 187                                                                                                              
"An Act relating  to the destruction, desecration,  and vandalism of                                                            
cemeteries and graves."                                                                                                         
     MOVED SCS HB 187(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR HOUSE BILL NO. 106(L&C) am                                                                                               
"An Act relating  to the authorizations for certain  state financial                                                            
institutions   of  certain  powers  and  limitations;   relating  to                                                            
confidential   records  of  depositors  and  customers   of  certain                                                            
financial  institutions;  relating  to the  examination  of  certain                                                            
institutions subject to  AS 06; relating to the Alaska Banking Code,                                                            
Mutual Savings  Bank Act, Alaska Small Loans Act,  and Alaska Credit                                                            
Union Act; amending Rule  45, Alaska Rules of Civil Procedure, Rules                                                            
17 and 37, Alaska  Rules of Criminal Procedure, and  Rule 24, Alaska                                                            
Bar Rules; and providing for an effective date."                                                                                
     MOVED SCS CSHB 106(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 214(L&C)                                                                                                  
"An Act relating  to a civil action against a person  under 21 years                                                            
of age who enters premises where alcohol is sold or consumed."                                                                  
     MOVED CSHB 214 (L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
CS FOR HOUSE BILL NO. 210(JUD) am                                                                                               
"An Act relating to sexual assault and sexual abuse of a minor."                                                                
     MOVED CSHB 210(JUD) am OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 102(JUD)                                                                                                  
"An Act relating to the theft of propelled vehicles."                                                                           
     MOVED CSHB 102(JUD) am OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE BILL NO. 210                                                                                                             
"An Act relating to the constitutional right to privacy."                                                                       
     MOVED CSSB 210(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action                                                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Lori Backes                                                                                                                 
Staff to Representative Whitaker                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 187                                                                                        
                                                                                                                                
Mr. Terry Elder, Director                                                                                                       
Division of Banking, Securities & Corporations                                                                                  
Department of Community & Economic Development                                                                                  
PO Box 110807                                                                                                                   
Juneau, AK  99811-0807                                                                                                          
POSITION STATEMENT:  Testified on HB 106                                                                                      
                                                                                                                                
Ms. Marjorie Vandor, Assistant Attorney General                                                                                 
Civil Division                                                                                                                  
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Testified on HB 106                                                                                      
                                                                                                                                
Representative Kevin Meyer                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 214                                                                                        
                                                                                                                                
Mr. O.C. Madden                                                                                                                 
Brown Jug                                                                                                                       
No address furnished                                                                                                            
POSITION STATEMENT:                                                                                                           
                                                                                                                                
Mr. Gerald Luckhaupt, Attorney                                                                                                  
Legislative Legal & Research Services                                                                                           
Legislative Affairs Agency                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified on HB 210                                                                                      
                                                                                                                                
Mr. Blair McCune                                                                                                                
Alaska Public Defender                                                                                                          
No address furnished                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 210                                                                                      
                                                                                                                                
Ms. Trisha Gentle, Executive Director                                                                                           
Council on Domestic Violence & Sexual Assault                                                                                   
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, AK  99811-1200                                                                                                          
POSITION STATEMENT:  Supported HB 210                                                                                         
                                                                                                                                
Representative Pete Kott                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 102                                                                                        
                                                                                                                                
Senator Pete Kelly                                                                                                              
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SB 210                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-28, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN ROBIN TAYLOR called  the Senate Judiciary Committee meeting                                                          
to order at 5:17 p.m.   Chairman Taylor announced the first order of                                                            
business would be HB 187.                                                                                                       
                                                                                                                                
                                                                                                                                
              HB 187-VANDALISM OF CEMETERIES & GRAVES                                                                       
                                                                                                                              
                                                                                                                              
Lori  Backes,  staff to  Representative  Whittaker,  testified  that                                                            
there  are no  statutes  relating  to vandalism  or  desecration  of                                                            
modern  cemeteries and  memorials.  Although acts  of vandalism  are                                                            
punishable  under criminal  mischief statutes,  the degree  of crime                                                            
centers around the monetary  value of the damage and doesn't address                                                            
the  personal  insult and  emotional  damage  such acts  inflict  on                                                            
individuals, families,  communities or tribes. HB 187 clearly states                                                            
that if a person  damages, defaces  or desecrates a cemetery,  tomb,                                                            
grave, memorial  or its contents it is a crime of  criminal mischief                                                            
in the second degree. This  is regardless of whether or not the tomb                                                            
grave or memorial  is in a cemetery or appears to  be abandoned lost                                                            
or neglected.  It would also be a crime of criminal  mischief in the                                                            
second degree  if an individual removes human remains  or associated                                                            
items from a cemetery, tomb, grave or memorial.                                                                                 
                                                                                                                                
SENATOR COWDERY recalled  the vandalism that occurred when he was in                                                            
charge  of the  downtown Anchorage  cemetery.  He  wondered how  the                                                            
dollar amount of such vandalism would be determined.                                                                            
                                                                                                                                
MS. BACKES  responded that the amendment  classifies such  vandalism                                                            
as a class C felony and  does not set a dollar amount on the damage.                                                            
In many cases,  it is not possible to establish a  monetary value on                                                            
damage done but emotional damage can be recognized.                                                                             
                                                                                                                                
Number 376                                                                                                                      
                                                                                                                                
CHAIRMAN  TAYLOR said  there are a  growing number  of instances  of                                                            
"digging".  This is where individuals  locate and collect  artifacts                                                            
from ancestral  graves  and then  sell them.  This legislation  will                                                            
prohibit this type of activity.                                                                                                 
                                                                                                                                
MS. BACKES  responded that  she was aware  of such activity  and any                                                            
persons  who  do  not  have a  state  or  federal  permit  or  legal                                                            
authorization  to disturb  a grave or memorial  would be  prohibited                                                            
from doing so  under this legislation. Under federal  law, there are                                                            
exceptions if the disturbance  is inadvertent but there are specific                                                            
reporting  requirements  for such  disturbances.  Digging without  a                                                            
permit  will  increase  fines  to  $50,000  and  up  to  five  years                                                            
incarceration.                                                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR asked where a dollar amount appears.                                                                            
                                                                                                                                
MS. BACKES said it is not  referred to in the bill but in chapter 12                                                            
of crimes of criminal mischief.                                                                                                 
                                                                                                                                
Number 675                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  asked for clarification  on the current  statute                                                            
governing burial sites.                                                                                                         
                                                                                                                                
MS. BACKES explained  that current statute that protects  cemeteries                                                            
is under  the  Alaska Historic  Preservation  Act.  Under that  act,                                                            
destruction  is a class  A misdemeanor. Although  penalties  are not                                                            
routinely  imposed because  it's difficult  to catch individuals  in                                                            
the act of  desecrating a grave, there  may be other charges  levied                                                            
that do not relate to the desecration of a grave.                                                                               
                                                                                                                                
It is  hoped that  raising  grave desecration  to a  class C  felony                                                            
would in itself be a deterrent.                                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR called  for additional  testimony  and received  no                                                            
response. He asked for the pleasure of the committee.                                                                           
                                                                                                                                
SENATOR  THERRIAULT  moved  SCS  HB  187(JUD)  from  committee  with                                                            
individual  recommendations.   There  being  no  objection,  SCS  HB                                                            
187(JUD) moved from committee.                                                                                                  
                                                                                                                                
                                                                                                                                
                   HB 106-FINANCIAL INSTITUTIONS                                                                            
                                                                                                                                
CHAIRMAN  TAYLOR announced  that  HB 106 is  a companion  to SB  66,                                                            
which  was  amended  to  include  credit  cards  and  to  reflect  a                                                            
compromise between  banking institutions and the state  examiner. HB                                                            
106 is now blended  into SB 66. He called for a motion  to adopt the                                                            
committee substitute.                                                                                                           
                                                                                                                                
SENATOR   COWDERY  moved   to  adopt  Bannister   5/2/01   committee                                                            
substitute as the working document. There was no objection.                                                                     
                                                                                                                                
MR.  TERRY  ELDER,  Director,  Division  of  Banking,  Securities  &                                                            
Corporations   testified  that   he  had   reviewed  the   committee                                                            
substitute  and it appeared  to include all  the changes made  in SB                                                            
66.                                                                                                                             
                                                                                                                                
SENATOR  COWDERY   moved  SCS  HB   106(JUD)  from  committee   with                                                            
individual recommendations.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  objected for the  purpose of asking a  question.                                                            
He  asked  whether  or  not  an  amendment  in  his  file  had  been                                                            
incorporated in the committee substitute.                                                                                       
                                                                                                                                
SENATOR COWDERY withdrew his motion.                                                                                            
                                                                                                                                
MS.  MARGIE VANDOR,  Assistant  Attorney  General,  Civil  Division,                                                            
Department  of Law, testified that  the reason for the amendment  is                                                            
that the  bill changes status  quo of current  law regarding  when a                                                            
bank is reimbursed  for costs to comply  to an order. The  amendment                                                            
makes it clear  that unless it is  an administrative order  separate                                                            
from another requirement,  the bank will not be reimbursed for those                                                            
costs.                                                                                                                          
                                                                                                                                
SENATOR THERRIAULT questioned  the clarity of the wording on page 3,                                                            
line  10  and  further  whether  Banking  and  Securities  had  been                                                            
involved in the changes.                                                                                                        
                                                                                                                                
MR. ELDER  repeated that  his department  had reviewed the  document                                                            
and had no objections.                                                                                                          
                                                                                                                                
SENATOR THERRIAULT  moved conceptual  amendment one for the  purpose                                                            
of allowing  the drafter  to reexamine the  wording on page  3, line                                                            
10. There being no objection, the motion passed.                                                                                
                                                                                                                                
CHAIRMAN  TAYLOR called  for additional  testimony  and received  no                                                            
response. He asked for a motion.                                                                                                
                                                                                                                                
SENATOR COWDERY  moved SCS CSHB 106(JUD)  with conceptual  amendment                                                            
and fiscal notes from committee with individual recommendations.                                                                
                                                                                                                                
There being no objection, the bill moved from committee.                                                                        
                                                                                                                                
                                                                                                                                
            HB 214-CIVIL ACTION AGAINST MINORS IN BARS                                                                      
                                                                                                                              
                                                                                                                                
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER, bill  sponsor, testified that  the bill                                                            
allows any  alcohol licensee to bring  a civil suit against  a minor                                                            
using  a  fake  identification   in  order  to  purchase   alcoholic                                                            
beverages.   Although  this  is  a   class  A  misdemeanor,   minors                                                            
frequently are  not prosecuted while the business  owner faces sever                                                            
penalties.                                                                                                                      
                                                                                                                                
Businesses  must post  a sign informing  the public  that any  minor                                                            
attempting  to enter the  premises is  in violation  of the  law and                                                            
could be liable for damages  up to $1,000.00 which can come from the                                                            
minor's permanent fund  dividend if there is a judgment against that                                                            
minor.  In Anchorage,  several  establishments  split the  $1,000.00                                                            
civil  fine imposed  between  the business  and the  employee as  an                                                            
incentive to  employees to catch minors  with fake identifications.                                                             
                                                                                                                                
HB 214 sends  a powerful message to  minors that both the  state and                                                            
businesses  are   serious  in  their  effort  to  curtail   underage                                                            
drinking.  He then  referenced  several letters  of  support in  the                                                            
committee  packets and  noted that  there has been  an ordinance  in                                                            
effect in Anchorage  for three years that mirrors  this legislation.                                                            
                                                                                                                                
SENATOR COWDERY asked who  would get the money from the fine if this                                                            
becomes a state statute.                                                                                                        
                                                                                                                                
REPRESENTATIVE MEYER responded  that the civil fine would be between                                                            
the licensee and  the minor. If there is criminal  prosecution, then                                                            
the fine imposed would  go to either the city or the state depending                                                            
on which one prosecutes.                                                                                                        
                                                                                                                                
SENATOR  THERRIAULT asked  whether the licensee  could prosecute  if                                                            
the police discover the  use of fake identification not the licensee                                                            
or their employee.                                                                                                              
                                                                                                                                
Number 1592                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR asked whether  a small claims action had to be filed                                                            
to get the money.                                                                                                               
                                                                                                                                
REPRESENTATIVE  MEYER  said  that  was  correct.  In  addition,  the                                                            
parents  would  be involved  which  is  not the  case  for  criminal                                                            
action.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT asked  whether there had to be an incident report                                                            
filing taken to small claims court to get the $1,000.00.                                                                        
                                                                                                                                
MR.  O.C.  MADDEN,  representative  from  Brown  Jug  in  Anchorage,                                                            
explained  that they  have been  using  the ordinance  to deal  with                                                            
underage drinking  issues for the  last three years. When  employees                                                            
seize fake  identification,  a demand for payment  order is  sent to                                                            
the  minors  residence  of record  which  immediately  involves  the                                                            
parents.  Sometimes a  small claims  action is necessary  and  it is                                                            
their policy to split the fine with the employee.                                                                               
                                                                                                                                
SENATOR  THERRIAULT pointed  out that although  the local  ordinance                                                            
may give authority  to demand payment without filing  a small claims                                                            
action,  the statute  does not. Small  claims action  must be  taken                                                            
before there is a right to make the demand.                                                                                     
                                                                                                                                
MR. MADDEN responded that  the Anchorage ordinance requires a demand                                                            
letter be sent 15 days prior to initiating a civil action.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR  explained that Anchorage has set  up a notification                                                            
time  line  and a  structure  in  which  to  do this.  There  is  no                                                            
requirement  of notification, however.  A small claims action  could                                                            
be filed immediately.                                                                                                           
                                                                                                                                
He called  for additional  testimony  and received  no response.  He                                                            
then asked for the pleasure of the committee.                                                                                   
                                                                                                                                
SENATOR COWDERY  moved CSHB 214(L&C) from committee  with individual                                                            
recommendations.                                                                                                                
                                                                                                                                
There being  no objection, CSHB 214(L&C)  moved from committee  with                                                            
individual recommendations.                                                                                                     
                                                                                                                                
                                                                                                                                
Number 1876                                                                                                                     
                                                                                                                                
                                                                                                                                
         HB 210-STAT. OF LIMITATIONS:SEXUAL ASSAULT/ABUSE                                                                   
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER,  bill  sponsor, testified  that HB  210                                                            
removes  the  statute  of  limitations   on felony   sexual  assault                                                            
involving penetration.  Currently, only sexual abuse  of a minor and                                                            
murder  have  no statute  of  limitations  and  HB 210  adds  sexual                                                            
assault  to the  list  of extreme  crimes.  New technology  and  DNA                                                            
testing make it possible  to use evidence many years after the crime                                                            
has been committed  and state law should protect the  victim's right                                                            
to justice.  The amendment  made on the House  floor includes  civil                                                            
penalties as well.                                                                                                              
                                                                                                                                
The legislation  will become  effective on  the date it becomes  law                                                            
and as long  as the 10 year limitation  has not expired by  the time                                                            
HB 210 becomes law, the  crime has no limitations for when it can be                                                            
prosecuted.                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR read from  page 1, line 9 through page 2, line 6 and                                                            
asked whether there was  already a 10 year statute of limitations in                                                            
effect.                                                                                                                         
                                                                                                                                
REPRESENTATIVE MEYER said  there was. He then added that the wording                                                            
was  confusing  to  him  but  the  drafter  was  present  to  answer                                                            
questions. The intent of  the bill centers on page 1, line 13, which                                                            
states  that  prosecution  of class  A,  or class  B  felony  sexual                                                            
assault or  violation of AS 11.41.425(a)(2)  or (3) may commence  at                                                            
any time.  Although  there are  other felony  sexual assaults,  they                                                            
deal with contact while this deals with penetration.                                                                            
                                                                                                                                
He announced he  would have no objection if the committee  wanted to                                                            
drop the  amendment that  was added on the  House floor which  drops                                                            
the statute  of limitations for civil  penalties. Because  his focus                                                            
was on criminal penalties,  he wasn't committed one way or the other                                                            
to  the statute  of  limitations  being extended  to  include  civil                                                            
penalties as well.                                                                                                              
                                                                                                                                
He thought the drafter  might better explain the bill arrangement if                                                            
there were questions.                                                                                                           
                                                                                                                                
SENATOR COWDERY asked whether  Representative Meyer had an amendment                                                            
ready.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  MEYER responded that section 1 could  be deleted and                                                            
the sections renumbered.                                                                                                        
                                                                                                                                
The reasoning  behind the amendment  was that if it was possible  to                                                            
prove that a suspect  was criminally liable for a  20 year old crime                                                            
then why  shouldn't the  victim be  able to bring  civil charges  as                                                            
well.                                                                                                                           
                                                                                                                                
Number 2100                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  asked the drafter to explain the  confusion over 10                                                            
years.                                                                                                                          
                                                                                                                                
MR. GERALD LUCKHAUPT, an attorney with Legislative Legal &                                                                      
Research Services, Legislative Affairs Agency explained that                                                                    
Section 2(a)  says there is no criminal  statute of limitations  for                                                            
the listed  offences. Subsection (b)  maintains the current  10 year                                                            
statute of limitations for class C felony sexual assault that                                                                   
involves contact and sexual abuse of a minor.                                                                                   
                                                                                                                                
CHAIRMAN TAYLOR asked why page 2, line 3 was included.                                                                          
                                                                                                                                
MR LUCKHAUPT replied that unless there is another applicable                                                                    
statute that specifies a different statute of limitations or if                                                                 
it is a crime listed in (a) then these are the statutes of                                                                      
limitations that generally apply in Alaska.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  said, then "it's  part of the exception.  Except as                                                            
otherwise provided by law or except as in section (a)."                                                                         
                                                                                                                                
MR LUCKHAUPT agreed.                                                                                                            
                                                                                                                                
CHAIRMAN TAYLOR asked how this affects outstanding cases. For                                                                   
instance, if a case was 12 to 15 years old before the police got                                                                
proof, current state law would not allow prosecution. Would                                                                     
passage of HB 210 allow prosecution of that case?                                                                               
                                                                                                                                
MR. LUCKHAUPT responded that if the statute of limitations on an                                                                
outstanding offense has not yet run, the statute of limitations                                                                 
could be extended.                                                                                                              
                                                                                                                                
CHAIRMAN TAYLOR  asked about a situation  in which no indictment  or                                                            
complaint was brought. Wouldn't it be a waste of time to go                                                                     
forward if there is a statute of limitations that would prevent                                                                 
this? "Does the look back caused by this legislation go beyond                                                                  
the previous 10 years?" For instance, consider that a crime was                                                                 
committed 15  to 20 years ago and  the investigation occurred  10 or                                                            
more years after the crime was committed and there was a 10 year                                                                
statute of limitations in effect. Would the passage of this                                                                     
legislation allow the prosecutor to prosecute the perpetrator?                                                                  
                                                                                                                                
MR. LUCKHAUPT replied that once the statute of limitations on an                                                                
offense has  run, that offense may  not be resurrected for  criminal                                                            
prosecution.                                                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR said he understood that this legislation would                                                                  
only affect offenses that have occurred ten years prior to the                                                                  
effective date of the act.                                                                                                      
                                                                                                                                
MR.  LUCKHAUPT  said  that  is basically  correct  but  there  is  a                                                            
provision that  deals with an offense  committed against  a minor or                                                            
an individual  who was not  aware that the  offense had occurred  so                                                            
there  could  be instances  in  which  the look  back  would  extend                                                            
farther that ten years.                                                                                                         
                                                                                                                                
CHAIRMAN TAYLOR thanked  Mr. Luckhaupt for the explanation and asked                                                            
whether there were additional witnesses who wanted to testify.                                                                  
                                                                                                                                
MR. BLAIR McCUNE,  Deputy Director,  Alaska Public Defender  Agency,                                                            
testified  that the  primary concern  addressed by  the bill  is the                                                            
physical evidence  left from a sexual  assault in which there  is no                                                            
suspect that  can be DNA tested. If  the DNA patterns are  kept in a                                                            
data  bank,  a suspect  may  be  identified  for  a crime  that  was                                                            
committed more that ten years ago.                                                                                              
                                                                                                                                
Side B                                                                                                                          
                                                                                                                                
Although he  can't argue against DNA  patterning being used  on that                                                            
category  of case, he is  concerned about  sexual assaults  in which                                                            
there is  some kind of recovered  memory issue  and there is  no DNA                                                            
evidence. A prosecution  that is undertaken 10 or 15 years after the                                                            
fact would  put the defense  at a decided  disadvantage. The  reason                                                            
for statutes  of limitation  is to provide  some protection  against                                                            
older  cases in which  there is  an alibi  but it  can no longer  be                                                            
established.                                                                                                                    
                                                                                                                                
With  this in mind,  he would  like  to explore  the possibility  of                                                            
restricting the  extended look back to DNA cases or  those involving                                                            
scientific evidence.                                                                                                            
                                                                                                                                
SENATOR  THERRIAULT remarked  that the occurrence  of a resurrected                                                             
memory  case is  remote and  both the  defense and  the prosecution                                                             
could be at  a disadvantage in terms  of corroborating witnesses  or                                                            
alibis.                                                                                                                         
                                                                                                                                
MR. McCUNE agreed  that the occurrence of such cases  is remote but,                                                            
in  such instances,  he  felt  the defense  would  be  at a  greater                                                            
disadvantage than the prosecution by the passage of time.                                                                       
                                                                                                                                
Number 2281                                                                                                                     
                                                                                                                                
MS TRISHA GENTLE,  Executive Director, Council on  Domestic Violence                                                            
& Sexual Assault,  testified in support of the bill.  It's important                                                            
to recognize that  this allows victims the time to  heal emotionally                                                            
and physically before coming forward to prosecute.                                                                              
                                                                                                                                
She  also  spoke  in  favor  of  the  amendment   to  include  civil                                                            
penalties.  Although she  thought there  would be  few instances  in                                                            
which  a victim  chose that  avenue but  it would  provide a  victim                                                            
another opportunity to feel whole once again.                                                                                   
                                                                                                                                
CHAIRMAN TAYLOR  called for questions and there were  none. He asked                                                            
for the pleasure of the committee.                                                                                              
                                                                                                                                
SENATOR  COWDERY   moved  CSHB  210(JUD)  forward  with   individual                                                            
recommendations.                                                                                                                
                                                                                                                                
There being no objection,  CSHB (210) and attached fiscal note moved                                                            
from committee with individual recommendations.                                                                                 
                                                                                                                                
                                                                                                                                
                HB 102-THEFT OF PROPELLED VEHICLES                                                                          
                                                                                                                              
Number 2214                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PETE  KOTT, bill  sponsor,  introduced  the bill  as                                                            
legislation  that focuses on  the crime of  vehicle theft and  equal                                                            
penalties associated  with the taking of propelled  vehicles without                                                            
the owners' permission.  Stealing watercraft such as skidoos and jet                                                            
skis would  be excluded  from the  felony prosecution  category  and                                                            
would instead be prosecuted at the misdemeanor level.                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR asked  whether any  of the  safety or registration                                                             
requirements for a boat of that size had been changed.                                                                          
                                                                                                                                
REPRESENTATIVE KOTT said they had not been changed.                                                                             
                                                                                                                                
SENATOR THERRIAULT  observed that  three and four wheel all  terrain                                                            
vehicles were added.                                                                                                            
                                                                                                                                
REPRESENTATIVE  KOTT responded  that  he would explain  that in  the                                                            
Section 2 discussion.  Section 1 deals  with watercraft and  removes                                                            
skidoo and  jet ski theft  from automatic  prosecution as a  class C                                                            
felony.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  asked if the reason  that these watercraft  were                                                            
removed from the  automatic felony prosecution category  was because                                                            
they are primarily  used for recreational purposes  instead of being                                                            
used as modes of transportation for employment.                                                                                 
REPRESENTATIVE  KOTT agreed and added that they are  not licensed by                                                            
the State either.                                                                                                               
                                                                                                                                
Additionally,  if damage amounts are $1,000.00 or  more or the owner                                                            
of record  incurs reasonable  expenses of $1,000.00  or more  or the                                                            
owner is deprived  of the use of the vehicle for seven  days or more                                                            
then the crime will be prosecuted as a class C felony.                                                                          
                                                                                                                                
CHAIRMAN TAYLOR  called for additional  testimony and observed  that                                                            
with zero  fiscal notes from  both the Alaska  Court System  and the                                                            
Department of  Corrections it was unlikely that there  would be many                                                            
prosecutions.                                                                                                                   
                                                                                                                                
He asked for the pleasure of the committee.                                                                                     
                                                                                                                                
SENATOR COWDERY moved CSHB 210(JUD) from committee with                                                                         
individual recommendations.                                                                                                     
                                                                                                                                
There being no objection, CSHB 102(JUD) and accompanying fiscal                                                                 
notes moved from committee with individual recommendations.                                                                     
                                                                                                                                
                                                                                                                                
CHAIRMAN TAYLOR called a recess at 6:18 p.m. The meeting was                                                                    
called back to order at 7:38 p.m. Chairman Taylor and Senators                                                                  
Therriault and Cowdery were present.                                                                                            
                                                                                                                                
                                                                                                                                
                 SB 210-LIMITS ON RIGHT TO PRIVACY                                                                          
                                                                                                                              
SENATOR  PETE KELLY, bill  sponsor, testified  that the legislation                                                             
gives the court direction  in addressing issues in areas of privacy.                                                            
                                                                                                                                
CHAIRMAN  TAYLOR  asked  whether  Senator  Kelly  had  reviewed  the                                                            
amendment Senator Therriault had prepared.                                                                                      
                                                                                                                                
SENATOR KELLY  acknowledged he had  and he supported the  amendment.                                                            
                                                                                                                                
SENATOR THERRIAULT  moved draft  A.1 of amendment  1 for SB  210 for                                                            
the committee consideration.                                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR   explained  that   Section  1  provides   for  the                                                            
implementation of the right  to privacy within Alaska Statute 01.10.                                                            
In the beginning of the  statute books there is a general provisions                                                            
section  that  provides guidance  to  the  three branches  on  those                                                            
generic items  such as how to repeal  or affect an amendment.  These                                                            
general provisions  have an effect  on all the laws the legislature                                                             
passes as well as the interpretation  of those laws by the executive                                                            
and judicial  branches. Therefore,  if the  legislature is  amending                                                            
the statutes  to  provide for  the implementation  of  the right  to                                                            
privacy,   then  it  is   appropriate  to   provide  for  the   same                                                            
implementation  language  in the generic  section  of statutes  that                                                            
provide guidance to the executive and judicial branches.                                                                        
                                                                                                                                
He thanked  Senator Kelly  for bringing the  legislation before  the                                                            
committee and Senator Therriault for offering the amendment.                                                                    
                                                                                                                                
He  asked  for  further  discussion.   There  was  no  response  and                                                            
amendment 1 passed.                                                                                                             
                                                                                                                                
He then offered  the following as amendment 2: On  page 1, lines 4-5                                                            
strike the  words "to benefits  for unmarried  partners." On  line 6                                                            
strike  "extend to"  and insert "create".  Strike  the last word  on                                                            
line  6 and  all  of lines  7  and  8. On  line  6, after  the  word                                                            
"receive"  insert  "public  money, a  public  benefit,  or a  public                                                            
service. On  lines 13-14, strike "to  state funding for abortions."                                                             
On line 15, strike the  words "extend to" and insert "create". After                                                            
the word "receive" strike  "state funding" and insert "public money,                                                            
a public  benefit, or a public  service." On  page 2, line  1 strike                                                            
"for abortion."                                                                                                                 
                                                                                                                                
SENATOR KELLY  said he understood  the amendment. He added  that, in                                                            
light of  the Duke  Law Review finding  the Alaska  Courts the  most                                                            
liberal in  the United States,  there is no  way to anticipate  what                                                            
the courts will do when  it comes to implementing social change that                                                            
he finds unacceptable.                                                                                                          
                                                                                                                                
The  language  inserted  in amendment  2  is  less specific  but  it                                                            
anticipates "further outrages by the court."                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR called for  additional discussion  or objection  to                                                            
amendment 2 and received no response.                                                                                           
                                                                                                                                
There being no objection, amendment 2 passed.                                                                                   
                                                                                                                                
There being no additional testimony, he asked for a motion.                                                                     
                                                                                                                                
SENATOR  COWDERY  moved SB  210,  as amended,  from  committee  with                                                            
individual recommendations.                                                                                                     
                                                                                                                                
There being  no objection, CSSB 210(JUD)  moved from committee  with                                                            
individual recommendations.                                                                                                     
                                                                                                                                
                                                                                                                                
There being  no further business before  the committee, the  meeting                                                            
was adjourned at 7:47 p.m.                                                                                                      
                                                                                                                                
                                                                                                                                

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