Legislature(2005 - 2006)BUTROVICH 205
03/24/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR12 | |
| SB118 | |
| SJR12 | |
| SB119 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 12 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 118 | ||
| = | SB 119 | ||
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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