Legislature(2005 - 2006)BUTROVICH 205

03/24/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 12 URGE CONFIRM US SUPREME COURT NOMINEES TELECONFERENCED
Moved CSSJR 12(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 118 ONLINE ENTICEMENT OF MINOR
Moved CSSB 118(JUD) Out of Committee
= SB 119 BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS
Moved CSSB 119(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 24, 2005                                                                                         
                           8:52 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 12                                                                                                  
Requesting the United States Senate to move quickly to confirm                                                                  
all nominations by President George W. Bush to the United States                                                                
Supreme Court.                                                                                                                  
                                                                                                                                
     MOVED CSSJR 12(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 118                                                                                                             
"An Act relating to online enticement of minors."                                                                               
                                                                                                                                
     MOVED CSSB 118(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 119                                                                                                             
"An Act relating to dissemination of indecent material to                                                                       
minors."                                                                                                                        
                                                                                                                                
     MOVED CSSB 119(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 12                                                                                                                  
SHORT TITLE: URGE CONFIRM US SUPREME COURT NOMINEES                                                                             
SPONSOR(s): SENATOR(s) THERRIAULT                                                                                               
                                                                                                                                
03/03/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/05       (S)       JUD                                                                                                    
03/24/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 118                                                                                                                  
SHORT TITLE: ONLINE ENTICEMENT OF MINOR                                                                                         
SPONSOR(s): SENATOR(s) FRENCH                                                                                                   
                                                                                                                                
02/28/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/05       (S)       JUD, FIN                                                                                               
03/10/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/10/05       (S)       Heard & Held                                                                                           
03/10/05       (S)       MINUTE (JUD)                                                                                           
                                                                                                                                
BILL: SB 119                                                                                                                  
SHORT TITLE: BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS                                                                          
SPONSOR(s): SENATOR(s) FRENCH                                                                                                   
                                                                                                                                
02/28/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/05       (S)       JUD, FIN                                                                                               
03/10/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/10/05       (S)       Heard & Held                                                                                           
03/10/05       (S)       MINUTE (JUD)                                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Merle Thompson                                                                                                              
Susitna Valley, Alaska                                                                                                          
POSITION STATEMENT:  Testified in opposition to SJR 12                                                                        
                                                                                                                                
Ms. Anne Carpeneti                                                                                                              
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 118 and SB 119                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:52:46 AM.  Present were Senators                                                             
Hollis French, Charlie Huggins,  Gene Therriault, Gretchen Guess,                                                               
and Chair Ralph Seekins.                                                                                                        
                                                                                                                                
         SJR 12-URGE CONFIRM US SUPREME COURT NOMINEES                                                                      
                                                                                                                                
8:52:46 AM                                                                                                                    
SENATOR GENE  THERRIAULT, sponsor of  SJR 12, asserted SJR  12 is                                                               
an expression  on behalf  of the Alaska  Legislature to  the U.S.                                                               
Congress  that supports  expeditious nomination  of U.S.  Supreme                                                               
Court Justices by President George W. Bush.                                                                                     
                                                                                                                                
8:54:59 AM                                                                                                                    
CHAIR SEEKINS called for public testimony.                                                                                      
                                                                                                                                
MR. MERLE THOMPSON  testified in opposition to SJR  12. He stated                                                               
the process  for nominating justices  has been the same  for both                                                               
republicans and democrats for eons and  a filibuster is a part of                                                               
the process. He argued SJR 12  did not represent all Alaskans and                                                               
ended by saying SJR 12 borders on the ridiculous.                                                                               
                                                                                                                                
SENATOR  HOLLIS  FRENCH  asked Senator  Therriault  if  he  would                                                               
consider tempering the  language to allow for a  fair hearing and                                                               
a vote.                                                                                                                         
                                                                                                                                
8:57:47 AM                                                                                                                    
SENATOR  THERRIAULT replied  he  had concerns  with changing  the                                                               
language of SJR 12.                                                                                                             
                                                                                                                                
SENATOR FRENCH suggested  he add, "Bring to a vote  of the entire                                                               
body"  to  the  language.  He asked  Senator  Therriault  if  his                                                               
objection was to the filibuster process.                                                                                        
                                                                                                                                
SENATOR  THERRIAULT answered  yes. He  felt comfortable  with the                                                               
language in SJR 12, but asked committee members for suggestions.                                                                
                                                                                                                                
9:00:12 AM                                                                                                                    
The committee  considered changing the language  structure of SJR                                                               
12.                                                                                                                             
                                                                                                                                
SENATOR THERRIAULT suggested  the committee set SJR  12 aside and                                                               
move on the agenda.                                                                                                             
                                                                                                                                
9:00:57 AM                                                                                                                    
SENATOR FRENCH  passed an  article from  the Atlantic  Monthly to                                                               
the  committee  and  asked  them  to consider  the  will  of  the                                                               
majority.                                                                                                                       
                                                                                                                                
CHAIR  SEEKINS commented  the proper  responsibility of  the U.S.                                                               
Supreme Court is to comment  on the constitutionality of laws. He                                                               
announced the committee would set aside SJR 12.                                                                                 
9:03:35 AM                                                                                                                    
                                                                                                                                
               SB 118-ONLINE ENTICEMENT OF MINOR                                                                            
                                                                                                                                
9:03:51 AM                                                                                                                    
CHAIR SEEKINS announced SB 118 to be up for consideration.                                                                      
                                                                                                                                
SENATOR FRENCH  advised the committee  the concern in  their last                                                               
meeting was  that SB 118 could  create an overlap with  sex abuse                                                               
of  a minor  in first  degree and  sex abuse  of a  minor in  the                                                               
second  degree.  He  discussed  the  issue  at  length  with  the                                                               
Department  of Law.  In case  of an  overlap, SB  118 would  only                                                               
carve out those individuals who  are conducting online enticement                                                               
of a minor.                                                                                                                     
                                                                                                                                
9:05:36 AM                                                                                                                    
SENATOR FRENCH  made a motion  to adopt Amendment  1,labeled A.1,                                                               
which was suggested by Dean Guaneli.                                                                                            
                                                                                                                                
                                                      24-LS0577\A.1                                                             
                                                         Luckhaupt                                                              
                                                           11/3/05                                                              
                       A M E N D M E N T                                                                                    
                                                                                                                                
OFFERED IN THE SENATE                         BY SENATOR FRENCH                                                                 
     TO:  SB 118                                                                                                                
                                                                                                                                
Page 1, following line 12:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(c)  In a prosecution under this section, it is not                                                                  
     necessary for the prosecution to show that the act                                                                         
     described in AS 11.41.255(a)(1) - (7) was actually                                                                         
     committed."                                                                                                                
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Page 1, line 13:                                                                                                                
     Delete "(d)"                                                                                                               
     Insert "(e)"                                                                                                               
                                                                                                                                
SENATOR  THERRIAULT objected  pointing out  the statute  cited in                                                               
the amendment did not exist. He  corrected the statute to read AS                                                               
11.41.455.                                                                                                                      
                                                                                                                                
SENATOR FRENCH agreed.                                                                                                          
                                                                                                                                
CHAIR  SEEKINS noted  the technical  correction  and, hearing  no                                                               
objections, adopted Amendment 1.                                                                                                
                                                                                                                                
9:08:09 AM                                                                                                                    
SENATOR  FRENCH commented  Dean  Guaneli would  provide a  fiscal                                                               
note in time for the next committee hearing of SB 118.                                                                          
                                                                                                                                
9:09:10 AM                                                                                                                    
SENATOR GRETCHEN GUESS moved SB 118 out of committee as amended                                                                 
with individual recommendations and attached zero fiscal notes.                                                                 
Hearing no objections, the motion carried.                                                                                      
                                                                                                                                
         SJR 12-URGE CONFIRM US SUPREME COURT NOMINEES                                                                      
                                                                                                                                
9:09:56 AM                                                                                                                    
CHAIR SEEKINS announced SJR 12 to be up for consideration.                                                                      
                                                                                                                                
SENATOR THERRIAULT suggested an amendment on Page 2, line 4,                                                                    
after the word "quickly", insert the words, "to a majority floor                                                                
vote of the Senate".                                                                                                            
                                                                                                                                
SENATOR FRENCH agreed.                                                                                                          
                                                                                                                                
Hearing no objections, Amendment 1 was adopted.                                                                                 
                                                                                                                                
SENATOR THERRIAULT moved CSSJR 12(JUD) from committee with                                                                      
individual recommendations and accompanying fiscal notes.                                                                       
Hearing no objections, the motion carried.                                                                                      
Chair Seekins announced a short recess at 9:12:46 AM.                                                                         
Chair Seekins reconvened the meeting at 9:16:22 AM.                                                                           
                                                                                                                                
        SB 119-BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS                                                                    
                                                                                                                                
9:16:57 AM                                                                                                                    
CHAIR SEEKINS announced SB 119 to be up for consideration.                                                                      
                                                                                                                                
SENATOR FRENCH moved to adopt Amendment 1.                                                                                      
                                                      24-LS0578\G.1                                                             
                                                         Luckhaupt                                                              
                                                           11/3/05                                                              
                       A M E N D M E N T                                                                                    
                                                                                                                                
OFFERED IN THE SENATE                         BY SENATOR FRENCH                                                                 
     TO:  SB 119                                                                                                                
                                                                                                                                
Page 1, line 6, following "person":                                                                                             
     Insert ", being 18 years of age or older,"                                                                                 
                                                                                                                                
Page 1, line 7:                                                                                                                 
     Delete "(1)"                                                                                                               
                                                                                                                                
CHAIR SEEKINS objected for the purpose of an explanation.                                                                       
                                                                                                                                
SENATOR FRENCH  answered it was  in response to  a recommendation                                                               
by the Department of Law, that  being the crime should be focused                                                               
on adults.                                                                                                                      
                                                                                                                                
9:18:39 AM                                                                                                                    
MS. ANNE  CARPENETI, criminal division  Department of  Law (DOL),                                                               
affirmed she had no objections to Amendment 1.                                                                                  
                                                                                                                                
SENATOR THERRIAULT pointed  out SB 119 and SB 118  are similar in                                                               
nature and asked  if the committee should  consider mirroring the                                                               
language by adding  the word "knowingly" on Page 1,  line 6 after                                                               
the word "person". The bills should use the same terminology.                                                                   
                                                                                                                                
SENATOR FRENCH agreed.                                                                                                          
                                                                                                                                
SENATOR GUESS asked  Ms. Carpeneti if SB 119 addresses  a 17 year                                                               
old who is distributing electronic pornography.                                                                                 
                                                                                                                                
MS. CARPENETI  advised SB 119  does not address anyone  under the                                                               
age of 18.                                                                                                                      
                                                                                                                                
9:21:26 AM                                                                                                                    
SENATOR THERRIAULT  commented at a  certain age one  would expect                                                               
the average  person to be  able to distinguish between  right and                                                               
wrong.                                                                                                                          
                                                                                                                                
SENATOR FRENCH said the purpose of  SB 118 is to keep middle aged                                                               
predators away from impressionable young children.                                                                              
                                                                                                                                
9:23:52 AM                                                                                                                    
CHAIR  SEEKINS   removed  his  objections.  Hearing   no  further                                                               
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
9:24:45 AM                                                                                                                    
SENATOR FRENCH moved Amendment 2.                                                                                               
                                                                                                                                
                                                      24-LS0578\G.2                                                             
                                                         Luckhaupt                                                              
                                                           11/3/05                                                              
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
OFFERED IN THE SENATE                         BY SENATOR FRENCH                                                                 
     TO:  SB 119                                                                                                                
                                                                                                                                
Page 1, lines 7 - 8:                                                                                                            
     Delete    "or   other    device   capable    of   electronic                                                               
communication"                                                                                                                  
                                                                                                                                
CHAIR SEEKINS objected for the purpose of discussion.                                                                           
                                                                                                                                
SENATOR  FRENCH explained  the amendment  addressed the  previous                                                               
committee  concerns regarding  prosecuting mainline  transmitters                                                               
of pornography (HBO, MSN, Yahoo).                                                                                               
                                                                                                                                
9:26:02 AM                                                                                                                    
CHAIR  SEEKINS  removed  his objection  and  hearing  no  further                                                               
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
SENATOR THERRIAULT moved Amendment 3.                                                                                           
     Page 1, line 7; after the (1) insert the word "knowingly".                                                                 
                                                                                                                                
Hearing no objection, the committee adopted Amendment 3.                                                                        
                                                                                                                                
9:27:00 AM                                                                                                                    
SENATOR GUESS mentioned  SB 118 might allow for  someone to claim                                                               
they didn't believe the recipient was less than 16 years of age.                                                                
                                                                                                                                
CHAIR SEEKINS  commented using the  word "knowingly"  would cover                                                               
it.                                                                                                                             
                                                                                                                                
SENATOR  GUESS  countered  a  person  could  dispute  the  charge                                                               
because of unclear  language. She proposed Amendment  4. Amend SB                                                               
119 to be in conjunction with SB 118.                                                                                           
                                                                                                                                
CHAIR SEEKINS objected for the purpose of discussion.                                                                           
                                                                                                                                
SENATOR FRENCH admitted SB 118 was better drafted than SB 119.                                                                  
                                                                                                                                
9:29:48 AM                                                                                                                    
                                                                                                                                
CHAIR SEEKINS clarified they could  use the language from SB 118,                                                               
Page 1,  lines 7-10 and  insert that  same language into  SB 119,                                                               
Page 1, line 7.                                                                                                                 
                                                                                                                                
SENATOR FRENCH agreed  and read the proposed verbiage  on Page 1,                                                               
line 7:                                                                                                                         
      knowingly distributes by computer any material that                                                                       
      depicts an act described in AS 11.41.455 (a)(1)-(7)                                                                       
     and                                                                                                                        
          (1) the other person is a child under 16 years                                                                        
               of age; or                                                                                                       
          (2) the person believes that the other person is                                                                      
               a child under 16 years of age.                                                                                   
                                                                                                                                
9:32:05 AM                                                                                                                    
CHAIR SEEKINS recognized no further discussion and Amendment 4                                                                  
was adopted. He asked Ms. Carpeneti if SB 119 meets with DOL                                                                    
approval.                                                                                                                       
                                                                                                                                
MS. CARPENETI responded the DOL supports SB 119.                                                                                
                                                                                                                                
9:32:51 AM                                                                                                                    
SENATOR GUESS moved CSSB 119(JUD) from committee with individual                                                                
recommendations and attached fiscal notes. There being no                                                                       
objection, the motion carried.                                                                                                  
                                                                                                                                
Chair Seekins announced a short recess at 9:33:28 AM.                                                                         
Chair Seekins reconvened the meeting at 9:37:27 AM.                                                                           
                                                                                                                                
CHAIR SEEKINS informed the committee members of the schedule for                                                                
the following week.                                                                                                             
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Seekins adjourned the meeting at 9:39:10 AM.                                                                            

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