04/11/2011 01:30 PM Senate JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| SB86 | |
| HB127 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 89 | TELECONFERENCED | |
| + | HB 127 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 86 | ||
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 11, 2011                                                                                         
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 89                                                                                                              
"An Act clarifying  that a legislator or  legislative employee is                                                               
allowed  to accept  certain charity  events; amending  disclosure                                                               
deadlines   under   the    Legislative   Ethics   Act;   relating                                                               
compassionate   gifts;  allowing   legislators  and   legislative                                                               
employees  to  use  legislative   to  requests  to  refrain  from                                                               
disclosure  under the  Legislative Ethics  Act; and  establishing                                                               
mailing lists for campaign  purposes and nonlegislative purposes;                                                               
allowing legislators  a seat  for an  alternate public  member on                                                               
the Select  Committee on Legislative  Ethics and  and legislative                                                               
employees  who  are  representing persons  in  an  administrative                                                               
hearing to  clarifying the requirements related  to participation                                                               
by alternate members in the  contact hearing officers and attempt                                                               
to influence the  outcome of the hearing if  they are proceedings                                                               
of the committee."                                                                                                              
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
SENATE BILL NO. 86                                                                                                              
"An Act relating  to the protection of property  of persons under                                                               
disability  and minors;  relating  to the  crime  of violating  a                                                               
protective order concerning  certain vulnerable persons; relating                                                               
to aggravating  factors at sentencing  for offenses  concerning a                                                               
victim  65  years  or  older;   relating  to  the  protection  of                                                               
vulnerable adults; amending Rule  12(h), Alaska Rules of Criminal                                                               
Procedure;  amending   Rule  45(a),  Alaska  Rules   of  Criminal                                                               
Procedure;  amending Rule  65, Alaska  Rules of  Civil Procedure;                                                               
amending  Rule 17,  Alaska Rules  of Probate  Procedure; amending                                                               
Rule  9, Alaska  Rules of  Administration; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 127(FIN)                                                                                
"An Act relating to the  crimes of stalking, online enticement of                                                               
a  minor,  unlawful  exploitation  of a  minor,  endangering  the                                                               
welfare  of  a child,  sending  an  explicit  image of  a  minor,                                                               
harassment,  and misconduct  involving confidential  information;                                                               
relating  to probation;  relating to  the subpoena  power of  the                                                               
attorney general  in cases involving  use of an  Internet service                                                               
account;  relating to  an appearance  before  a judicial  officer                                                               
after  arrest;  relating to  penalties  for  operating a  vehicle                                                               
without possessing proof of motor  vehicle liability insurance or                                                               
a  driver's  license; relating  to  penalties  for certain  arson                                                               
offenses;  amending  Rule  5(a)(1),   Alaska  Rules  of  Criminal                                                               
Procedure, and  Rule 43.10, Alaska  Rules of  Administration; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  86                                                                                                                  
SHORT TITLE: PROTECTION OF VULNERABLE ADULTS/MINORS                                                                             
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/09/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/09/11       (S)       JUD, FIN                                                                                               
02/21/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/21/11       (S)       Heard & Held                                                                                           
02/21/11       (S)       MINUTE(JUD)                                                                                            
03/18/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/18/11       (S)       Heard & Held                                                                                           
03/18/11       (S)       MINUTE(JUD)                                                                                            
03/30/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/30/11       (S)       Scheduled But Not Heard                                                                                
04/06/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/06/11       (S)       Heard & Held                                                                                           
04/06/11       (S)       MINUTE(JUD)                                                                                            
04/11/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 127                                                                                                                  
SHORT TITLE: OMNIBUS CRIME BILL                                                                                                 
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/26/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/11       (H)       JUD, FIN                                                                                               
02/07/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/07/11       (H)       Heard & Held                                                                                           
02/07/11       (H)       MINUTE(JUD)                                                                                            
02/09/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/09/11       (H)       Heard & Held                                                                                           
02/09/11       (H)       MINUTE(JUD)                                                                                            
02/11/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/11/11       (H)       Scheduled But Not Heard                                                                                
02/23/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/23/11       (H)       Heard & Held                                                                                           
02/23/11       (H)       MINUTE(JUD)                                                                                            
02/25/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/25/11       (H)       Scheduled But Not Heard                                                                                
02/28/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/28/11       (H)       Heard    &   Held;    Assigned   to    a                                                               
                         Subcommittee                                                                                           
02/28/11       (H)       MINUTE(JUD)                                                                                            
03/04/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/04/11       (H)       -- MEETING CANCELED --                                                                                 
03/08/11       (H)       JUD AT 11:00 AM CAPITOL 120                                                                            
03/08/11       (H)       Work Session on CS for above Bill                                                                      
03/11/11       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/11       (H)       Moved CSHB 127(JUD) Out of Committee                                                                   
03/11/11       (H)       MINUTE(JUD)                                                                                            
03/14/11       (H)       JUD RPT CS(JUD) NT 5DP 1NR                                                                             
03/14/11       (H)       DP: LYNN, GRUENBERG, THOMPSON, PRUITT,                                                                 
                         GATTO                                                                                                  
03/14/11       (H)       NR: KELLER                                                                                             
03/22/11       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/22/11       (H)       Heard & Held                                                                                           
03/22/11       (H)       MINUTE(FIN)                                                                                            
03/31/11       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/31/11       (H)       Heard & Held                                                                                           
03/31/11       (H)       MINUTE(FIN)                                                                                            
04/01/11       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/01/11       (H)       Moved CSHB 127(FIN) Out of Committee                                                                   
04/01/11       (H)       MINUTE(FIN)                                                                                            
04/04/11       (H)       FIN RPT CS(FIN) NT 7DP                                                                                 
04/04/11       (H)       DP:   FAIRCLOUGH,    T.WILSON,   HAWKER,                                                               
                         COSTELLO, EDGMON, STOLTZE, THOMAS                                                                      
04/07/11       (H)       TRANSMITTED TO (S)                                                                                     
04/07/11       (H)       VERSION: CSHB 127(FIN)                                                                                 
04/08/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/11       (S)       JUD, FIN                                                                                               
04/11/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Civil Division                                                                                                                  
Department of Law (DOL)                                                                                                         
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information on SB 86, version X                                                                 
and delivered a sectional analysis of HB 127.                                                                                   
                                                                                                                                
ELIZABETH RUSSO, Supervising Attorney                                                                                           
Public Guardian Section                                                                                                         
Office of Public Advocacy (OPA)                                                                                                 
Department of Administration (DOA)                                                                                              
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of SB 86, version X.                                                                
                                                                                                                                
SCOTT STERLING, Supervising Attorney                                                                                            
Elder Fraud and Assistance                                                                                                      
Department of Administration (DOA)                                                                                              
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of SB 86, version X.                                                                
                                                                                                                                
KELLY HENRIKSEN, Assistant Attorney General                                                                                     
Civil Division                                                                                                                  
Department of Law (DOL)                                                                                                         
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Suggested an amendment to SB 86, version X.                                                              
                                                                                                                                
SERGEANT DEREK DEGRAAF, Supervisor                                                                                              
Cyber Crimes Investigative Unit                                                                                                 
Alaska Bureau of Investigation                                                                                                  
Alaska State Troopers                                                                                                           
Department of Public Safety (DPS)                                                                                               
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 127.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:22 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee  meeting  to  order  at  1:34  p.m.  Senators  Coghill,                                                               
Paskvan, Wielechowski,  and French  were present  at the  call to                                                               
order.                                                                                                                          
                                                                                                                                
         SB  86-PROTECTION OF VULNERABLE ADULTS/MINORS                                                                      
                                                                                                                                
1:34:46 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of SB 86  and asked for                                                               
a motion to adopt the new work draft committee substitute (CS).                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  moved to  adopt CS for  SB 86,  version 27-                                                               
GS1722\X, as the working document.                                                                                              
                                                                                                                                
1:35:03 PM                                                                                                                    
CHAIR  FRENCH objected  for  the purpose  of  an explanation.  He                                                               
directed  attention  to  a  memorandum  from  his  office,  which                                                               
outlined the  basic changes  between the  previous version  B and                                                               
the current version  X, and noted that each  change was carefully                                                               
examined  at  the  last  hearing. First,  the  CS  clarifies  the                                                               
references to the three types  of protective orders: 1) ex parte,                                                               
2) six-month,  and 3)  permanent. Some of  the language  in [Sec.                                                               
13.26.209] was redrafted to correspond  to similar provisions for                                                               
modifications  in   the  domestic  violence   [protective  order]                                                               
statutes.  The  second  change removed  the  seemingly  redundant                                                               
phrase,  "at  the  earliest   opportunity,"  from  the  reporting                                                               
requirements [in AS 47.24.010(e)], because there is a clear 24-                                                                 
hour  deadline  for [police  officers  or  village public  safety                                                               
officers  to notify  the department]  when  a report  of harm  is                                                               
received.  It's  a  potentially  chargeable  offense  for  police                                                               
officers who fail to do this.  Finally, the CS clarifies that the                                                               
September effective  date applies only  to Sections 16 and  20 of                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR  FRENCH removed  his objection  and announced  that without                                                               
further objection, version  X was before the  committee. He noted                                                               
that  Elizabeth Russo  and  Scott Sterling,  with  the Office  of                                                               
Public  Advocacy, and  Brenda  Mahlatini,  with Adult  Protective                                                               
Services,  were  available  to  provide  information  and  answer                                                               
questions.                                                                                                                      
                                                                                                                                
1:36:42 PM                                                                                                                    
ELIZABETH RUSSO,  Supervising Attorney, Public  Guardian Section,                                                               
Office  of Public  Advocacy (OPA),  Department of  Administration                                                               
(DOA), stated that  SB 86 would be a great  help to their clients                                                               
and people who would become their clients.                                                                                      
                                                                                                                                
1:37:43 PM                                                                                                                    
SCOTT   STERLING,   Supervising   Attorney,   Elder   Fraud   and                                                               
Assistance,  Department of  Administration (DOA),  stated support                                                               
for the changes reflected in version X, CS for SB 86.                                                                           
                                                                                                                                
CHAIR FRENCH  closed public testimony and  announced that further                                                               
testimony  would be  by  invitation. He  asked  Ms. Henriksen  to                                                               
discuss the remaining housekeeping issue.                                                                                       
                                                                                                                                
1:38:24 PM                                                                                                                    
KELLY  HENRIKSEN,  Assistant  Attorney General,  Civil  Division,                                                               
Department  of   Law  (DOL)  informed  the   committee  that  she                                                               
represents   Health  and   Social   Services  (DHSS).   Directing                                                               
attention to  the span  site on  page 6,  line 11,  she suggested                                                               
that it  would avoid conflict  to narrow the citation  to include                                                               
just  the  new protective  order  rules,  Sec. 13.26.207  -  209.                                                               
Including  the  existing  AS   13.26.165  would  cause  confusion                                                               
because  it relates  to protective  orders for  conservatorships,                                                               
she said.                                                                                                                       
                                                                                                                                
CHAIR  FRENCH recapped  the suggestion  and noted  that the  span                                                               
site appears  in a  number of other  locations after  the initial                                                               
reference on page 6, line 11.                                                                                                   
                                                                                                                                
1:40:27 PM                                                                                                                    
CHAIR FRENCH offered Conceptual Amendment 1.                                                                                    
                                                                                                                                
     Replace   the   span   site   citation   AS 13.26.165 -                                                                    
     13.26.209 with AS 13.26.207 - 13.26.209 in conformity                                                                      
      with the discussion about referring to ex parte, six-                                                                     
     month and permanent protective orders.                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  objected. He  noted that  page 6,  line 16,                                                               
refers to AS 13.26.185, which is  outside the span site. That may                                                               
or may not be an issue.                                                                                                         
                                                                                                                                
MS. HENRIKSEN  said that particular provision  deals with notice,                                                               
and she isn't suggesting a change to that citation.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI noted additional  references to AS 13.26.165                                                               
on page 7, including a reference in the definitions section.                                                                    
                                                                                                                                
CHAIR FRENCH  asked Ms. Henriksen  if she intended to  change the                                                               
reference on page 7, line 16.                                                                                                   
                                                                                                                                
MS. HENRIKSEN  answered yes, and  added that she would  suggest a                                                               
change anywhere it occurs in AS 13.26.209.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  pointed out that  the same issue  occurs on                                                               
page 8, line 16, and page 8, line 23.                                                                                           
                                                                                                                                
CHAIR FRENCH  asked Ms.  Henriksen if she  was seeking  to change                                                               
those references.                                                                                                               
                                                                                                                                
MS. HENRIKSEN answered yes.                                                                                                     
                                                                                                                                
1:42:49 PM                                                                                                                    
SENATOR PASKVAN  referenced page  8, line 16  that talks  about a                                                               
central  registry, and  asked  if she  wanted  the Department  of                                                               
Public Safety (DPS) to maintain  a central registry of protective                                                               
orders for any statutes between AS 13.26.165 and 207.                                                                           
                                                                                                                                
MS. HENRIKSEN answered no.                                                                                                      
                                                                                                                                
SENATOR FRENCH cited eight references  to AS 13.26.165 on page 6,                                                               
lines 1 and 31;  page 7, lines 3, 4, 8, 16; page  8, lines 16 and                                                               
23 and noted that there were potentially others.                                                                                
                                                                                                                                
1:43:46 PM                                                                                                                    
SENATOR WIELECHOWSKI pointed out  an additional reference on page                                                               
2, lines 18 and 23.                                                                                                             
                                                                                                                                
CHAIR FRENCH  observed that  there were  at least  10 references,                                                               
and potentially more, for the drafter to change.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI asked  if these deletions would  be a simple                                                               
drafting issue or a substantive change.                                                                                         
                                                                                                                                
MS.  HENRIKSEN  replied  the change  is  substantive  in  effect,                                                               
because  it removes  substantive provisions  from applying  to AS                                                               
13.26.165.                                                                                                                      
                                                                                                                                
SENATOR  COGHILL   noted  that  the  definition   of  "protective                                                               
services"  includes   a  reference  to  AS   13.26.165  under  AS                                                               
47.24.900(11)(E) on  page 19.  He asked if  the intention  was to                                                               
remove 165  from the  petition for  protective orders  under that                                                               
definition.                                                                                                                     
                                                                                                                                
MS. HENRIKSEN  said no; Sec.  47.24 deals with the  protection of                                                               
vulnerable  adults,  and is  different  than  a protective  order                                                               
under the conservatorship statutes.                                                                                             
                                                                                                                                
SENATOR  COGHILL  pointed  out  that  it  can't  be  a  bill-wide                                                               
amendment,  because Title  18  and Title  47  are different  than                                                               
Title 11 in that regard.                                                                                                        
                                                                                                                                
SENATOR PASKVAN asked  for confirmation that the  reference to AS                                                               
13.26.165, on page 19, line 18, should be retained.                                                                             
                                                                                                                                
MS. HENRIKSEN  replied it's appropriate  to include  AS 13.26.165                                                               
in the span site in that location.                                                                                              
                                                                                                                                
1:46:17 PM                                                                                                                    
SENATOR WIELECHOWSKI  suggested the  committee get a  clean draft                                                               
before moving the bill.                                                                                                         
                                                                                                                                
CHAIR FRENCH said he'd hold that  thought until the motion on the                                                               
conceptual amendment to fix the span sites was complete.                                                                        
                                                                                                                                
SENATOR  COGHILL asked  if separate  motions  would be  necessary                                                               
since the span sites appear in more than Title 13.                                                                              
                                                                                                                                
1:47:55 PM                                                                                                                    
SENATOR   WIELECHOWSKI  reiterated   that   he   would  be   more                                                               
comfortable if the drafter were to prepare a new CS.                                                                            
                                                                                                                                
CHAIR FRENCH  agreed it was  appropriate to  get a clean  CS that                                                               
incorporates the changes that the committee made.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI commented  that, at  this point,  he wasn't                                                               
sure what the amendment includes.                                                                                               
                                                                                                                                
1:48:29 PM                                                                                                                    
CHAIR FRENCH asked  Ms. Henriksen to state the basic  idea of the                                                               
amendment.                                                                                                                      
                                                                                                                                
MS.  HENRIKSEN  said the  basic  idea  is  to consider  a  change                                                               
anyplace a span  site includes AS 13.26.165  because that section                                                               
of    statute   deals    just   with    protective   orders    in                                                               
conservatorships. Those are a different  type than the new 20-day                                                               
and six-month protective  orders that the bill  seeks to address.                                                               
She offered to walk through the bill.                                                                                           
                                                                                                                                
CHAIR FRENCH said he understood, but  he wanted to make sure that                                                               
the committee members do too.                                                                                                   
                                                                                                                                
1:50:01 PM                                                                                                                    
SENATOR  COGHILL  said it  would  be  helpful to  understand  the                                                               
context for 209 under Title 13 as opposed to Title 18.                                                                          
                                                                                                                                
SENATOR COGHILL moved  an amendment to Conceptual  Amendment 1 to                                                               
take up amendments for just Sec. 13.26.209 on pages 6 and 7.                                                                    
                                                                                                                                
CHAIR FRENCH  said he'd  accept that as  a friendly  amendment to                                                               
Conceptual Amendment  1. Finding no objection,  he announced that                                                               
the committee  would consider just  the span site  changes within                                                               
Sec. 13.26.209 located on pages 6  and 7. He noted that there was                                                               
still  a  motion  to  change   the  initial  citation  from  Sec.                                                               
13.26.165 to 207.                                                                                                               
                                                                                                                                
SENATOR  COGHILL  said  his  understanding was  that  this  is  a                                                               
compliance  form  dealing  with  protective orders  that  do  not                                                               
relate primarily to conservatorships.                                                                                           
                                                                                                                                
MS. HENRIKSEN said that's correct.                                                                                              
                                                                                                                                
SENATOR COGHILL said he had no objection.                                                                                       
                                                                                                                                
CHAIR FRENCH asked  if there was further discussion  or debate on                                                               
the proposed amendment.                                                                                                         
                                                                                                                                
MS. HENRIKSEN  added that  any changes to  Title 18  that include                                                               
that span site would need to  be amended because those only apply                                                               
to the 20-day or six-month protective orders.                                                                                   
                                                                                                                                
1:52:21 PM                                                                                                                    
CHAIR  FRENCH  acknowledged  the suggestion  and  announced  that                                                               
without further  objection, Conceptual Amendment 1,  [as amended]                                                               
was adopted.                                                                                                                    
                                                                                                                                
CHAIR FRENCH directed attention to Sections  13 and 14 on page 8,                                                               
that amend  Title 18.  He asked  Ms. Henriksen  if the  same span                                                               
site reference, [AS 13.25.165] was  inappropriate with respect to                                                               
the types of  protective orders that should  be maintained within                                                               
the central registry.                                                                                                           
                                                                                                                                
MS. HENRIKSEN answered yes.                                                                                                     
                                                                                                                                
SENATOR  COGHILL  asked   what  the  title  heading   is  for  AS                                                               
18.65.540(a) and (b).                                                                                                           
                                                                                                                                
1:53:36 PM                                                                                                                    
CHAIR  FRENCH  reviewed  the  statutes  and  reported  that  Sec.                                                               
18.65.540 is  entitled "Central  registry of  protective orders."                                                               
He asked Ms. Henriksen why  the protective orders in AS 13.26.165                                                               
shouldn't be included in the central registry.                                                                                  
                                                                                                                                
MS. HENRIKSEN  replied that is existing  law on conservatorships,                                                               
and  it's not  clear  how  "protective order"  is  defined in  AS                                                               
13.26.165  in terms  of  context,  but it  talks  about having  a                                                               
conservator appointed or a single order  from the court to have a                                                               
trustee changed. It's substantively  different than what would be                                                               
in either the 20-day or six-month protective orders.                                                                            
                                                                                                                                
CHAIR FRENCH  stated that when  he read AS 13.26.165  he wondered                                                               
why  the idea  of a  protective order  shouldn't be  removed from                                                               
that section altogether. It doesn't  seem to be the right concept                                                               
for what's  happening as opposed  to what  the bill does  in Sec.                                                               
207 - 209.                                                                                                                      
                                                                                                                                
SENATOR COGHILL said that was his thought as well.                                                                              
                                                                                                                                
CHAIR FRENCH  asked if, in  part, it's because violation  of some                                                               
protective orders don't rise to the level of a crime.                                                                           
                                                                                                                                
MS. HENRIKSEN said she believes  so, but it's doesn't necessarily                                                               
involve a  third party  committing fraud  against someone  who is                                                               
the  subject of  a petition.  It's  much broader  than that,  and                                                               
would  change the  intent  of these  particular  changes to  Sec.                                                               
13.26, she said.                                                                                                                
                                                                                                                                
1:56:08 PM                                                                                                                    
SENATOR PASKVAN asked  if the idea is to keep  someone's name out                                                               
of the  central registry  if the protective  order is  related to                                                               
becoming a trustee  or conservator as compared  to the protective                                                               
orders issued under AS 13.26.207 - 209.                                                                                         
                                                                                                                                
MS. HENRIKSEN reiterated that the  subject, intent and context of                                                               
the   protective  order   under  AS   13.26.165  are   completely                                                               
different. The registry  is intended to keeping a  bad actor from                                                               
harming  someone who  is  the  subject of  a  petition, which  is                                                               
similar to a domestic violence protective order.                                                                                
                                                                                                                                
SENATOR PASKVAN  asked if the intent  of the registry set  out on                                                               
page 8,  lines 16-17,  is that  law enforcement  can know  who is                                                               
potentially violating a court-ordered protective order.                                                                         
                                                                                                                                
MS. HENRIKSEN said she believes that is the intent.                                                                             
                                                                                                                                
1:57:57 PM                                                                                                                    
CHAIR FRENCH called an at-ease from  1:57 p.m. to 2:01 p.m. to do                                                               
some research on protective orders.                                                                                             
                                                                                                                                
2:01:55 PM                                                                                                                    
CHAIR FRENCH moved Conceptual Amendment 2.                                                                                      
                                                                                                                                
       Page 8, lines 16 and 17: Replace the span site AS                                                                        
     13.26.165 - 209 with Sec. 13.26.207 - 209.                                                                                 
       Page 8, line [23]: Replace AS 13.26.165 - 208 with                                                                       
     Sec. 13.26.207 - 208                                                                                                       
      Narrow the span site throughout the rest of the bill                                                                      
     where appropriate.                                                                                                         
                                                                                                                                
2:02:48 PM                                                                                                                    
MS. HENRIKSEN  asked if  the motion  is to  narrow the  span site                                                               
anywhere it occurs.                                                                                                             
                                                                                                                                
CHAIR FRENCH  replied the  intent of the  amendment is  to change                                                               
the  citation   where  it's  appropriate  in   order  to  confine                                                               
prosecutions to just the new references, Sec. 13.26.207 - 209.                                                                  
                                                                                                                                
MS.  HENRIKSEN asked  for confirmation  that it  wouldn't include                                                               
the reference on page 19, [lines 18-19].                                                                                        
                                                                                                                                
CHAIR  FRENCH said  that's  correct, it  would  not include  that                                                               
citation. The amendment would pick  up the references that appear                                                               
in court  rule changes. He noted  that the court rule  changes on                                                               
pages 22 and 23 look correct.                                                                                                   
                                                                                                                                
MS. HENRIKSEN  said she would  possibly have a  conversation with                                                               
the drafter.                                                                                                                    
                                                                                                                                
CHAIR  FRENCH found  no objection  and announced  that Conceptual                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
2:04:03 PM                                                                                                                    
SENATOR   WIELECHOWSKI  asked   for   some   discussion  of   the                                                               
legislative reason, in Section 46  on pages 21-22, for addressing                                                               
advanced age or extreme youth.                                                                                                  
                                                                                                                                
MS. HENRIKSEN deferred to Ms. Carpeneti.                                                                                        
                                                                                                                                
2:04:43 PM                                                                                                                    
ANNE  CARPENETI,  Assistant  Attorney  General,  Civil  Division,                                                               
Department of  Law (DOL), recalled  that the  discussion centered                                                               
on  the  notion  that  the  very  old  and  the  very  young  are                                                               
particularly sensitive to  time. The provision asks  the court to                                                               
give  consideration to  a victim's  circumstances in  every case,                                                               
and to  give special consideration  to a  very old or  very young                                                               
victim,  because of  the effect  that a  continuance or  delay of                                                               
trial would have on a person in those age groups.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  the  rationale  for including  a                                                               
victim of  extreme youth is to  wait until the individual  is old                                                               
enough to verbalize his or her testimony.                                                                                       
                                                                                                                                
MS. CARPENETI replied  the rationale is to take  age into account                                                               
and set  the trial earlier  rather than later. Time  is different                                                               
for  children than  for adults  and a  bad situation  has a  much                                                               
stronger effect on a young person, she stated.                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI said  that's what he wanted to  hear; a case                                                               
involving  a  child  in  a  bad situation  would  be  heard  more                                                               
quickly.                                                                                                                        
                                                                                                                                
MS. CARPENETI confirmed that is the intent.                                                                                     
                                                                                                                                
2:07:33 PM                                                                                                                    
CHAIR FRENCH announced he would  hold SB 86 in committee awaiting                                                               
a new CS that incorporates the conceptual amendments.                                                                           
                                                                                                                                
                   HB 127-OMNIBUS CRIME BILL                                                                                
                                                                                                                                
2:07:51 PM                                                                                                                    
CHAIR FRENCH  announced the consideration  of HB 127,  version I,                                                               
the omnibus  crime bill. He  noted that the  committee previously                                                               
heard the Senate companion bill.                                                                                                
                                                                                                                                
ANNE  CARPENETI,  Assistant  Attorney  General,  Civil  Division,                                                               
Department  of  Law  (DOL),   provided  the  following  sectional                                                               
analysis:                                                                                                                       
                                                                                                                                
Sections  1  and  2  expand  the  definition  of  "non-consensual                                                               
contact"  for   purposes  of   the  stalking   statute.  Stalking                                                               
prohibits a person  from putting another person in  fear of death                                                               
or physical injury  by following a course of  conduct. "Course of                                                               
conduct" is defined in statute  as including various instances of                                                               
non-consensual  contact.  This bill  adds  to  the definition  to                                                               
include  either  following a  person  with  a global  positioning                                                               
device (GPS) or  using either hardware or software  on a person's                                                               
phone or computer in their home, workplace, or vehicle.                                                                         
                                                                                                                                
CHAIR  FRENCH recalled  that Mr.  Svobodny gave  the committee  a                                                               
good overview of this provision.                                                                                                
                                                                                                                                
MS. CARPENETI continued:                                                                                                        
                                                                                                                                
Section  3  increases  the  penalty   for  the  crime  of  online                                                               
enticement of a minor from a class  C felony to a class B felony,                                                               
if  the  person is  a  first-time  offender.  If the  person  has                                                               
already  been  convicted  of  a   sex  offence,  the  penalty  is                                                               
increased from a class B felony to a class A felony.                                                                            
                                                                                                                                
CHAIR FRENCH noted that the  committee asked about the numbers of                                                               
prosecutions under the online enticement statute.                                                                               
                                                                                                                                
MS. CARPENETI informed the committee  that for 2008 through 2010,                                                               
15 cases of online enticement  were referred to the Department of                                                               
Law (DOL) for prosecution, and 12 were accepted for prosecution.                                                                
                                                                                                                                
CHAIR FRENCH said he would defer  to the entire committee, but he                                                               
isn't convinced of the need to  raise the status of the crime for                                                               
first-time offenders.  He added that  he likes the  Department of                                                               
Law's (DOL)  idea with respect  to repeat offenders;  they should                                                               
receive increased penalties.                                                                                                    
                                                                                                                                
MS.  CARPENETI said  Sergeant DeGraaf  was available  to describe                                                               
some of the cases.                                                                                                              
                                                                                                                                
CHAIR FRENCH  acknowledged that he  could be persuaded  to change                                                               
his mind.                                                                                                                       
                                                                                                                                
2:11:19 PM                                                                                                                    
SENATOR  WIELECHOWSKI  observed  that  the language  in  the  new                                                               
provisions in Section 1 is fairly  broad. He asked where it would                                                               
apply.                                                                                                                          
                                                                                                                                
MS.  CARPENETI explained  that  it's part  of  the definition  of                                                               
"non-consensual contact," which is  included in the definition of                                                               
"course  of  conduct"  in  the  stalking  statute.  That  statute                                                               
prohibits following  a course  of conduct that  puts a  person in                                                               
fear of death or physical  injury. "Course of conduct" is defined                                                               
as "Two or  more instances of non-consensual  contact." This bill                                                               
adds to that  definition. She agreed that the  language is broad,                                                               
but it is under current law as well.                                                                                            
                                                                                                                                
SENATOR PASKVAN asked if this would bring in the paparazzi.                                                                     
                                                                                                                                
MS.  CARPENETI said  probably not,  unless there  was some  other                                                               
evidence. It's  necessary to prove that  the defendant recklessly                                                               
placed  another person  in fear  of death  or physical  injury by                                                               
engaging  in a  course  of conduct  that includes  non-consensual                                                               
contact.                                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if the  standard for  committing the                                                               
crime  is objective  or subjective.  For example,  would he  have                                                               
committed  a crime  if he  used his  phone to  take a  picture of                                                               
somebody in their car, and  they thought subjectively that he was                                                               
harassing them?                                                                                                                 
                                                                                                                                
MS. CARPENETI replied  it's a more objective  standard, and added                                                               
that stalking cases aren't easy prosecutions.                                                                                   
                                                                                                                                
CHAIR  FRENCH said  the conduct  is  highly contextual.  Standing                                                               
outside  a  person's  house  holding  a  rose  isn't  threatening                                                               
conduct, unless it  comes after an assault, an  act of vandalism,                                                               
or a death threat.                                                                                                              
                                                                                                                                
2:15:05 PM                                                                                                                    
SENATOR WIELECHOWSKI  questioned whether that  hypothetical would                                                               
violate the  statute; whereas  making a threat  of harm  and then                                                               
taking  pictures of  the person  in their  car would  violate the                                                               
statute.                                                                                                                        
                                                                                                                                
MS. CARPENETI replied  it's in the context of where  this fits in                                                               
the stalking  statute. The intent  of these additions is  to take                                                               
new technology into account.                                                                                                    
                                                                                                                                
CHAIR FRENCH  pointed out that  subparagraph (G) on page  2, line                                                               
12,  could be  interpreted broadly;  it talks  about "placing  an                                                               
object on, or  delivering an object to." A  prosecutor would have                                                               
to convince  a jury  that there  was something  threatening about                                                               
that conduct,  but very  innocuous conduct could  be placed  in a                                                               
highly dangerous context by a broad course of conduct.                                                                          
                                                                                                                                
MS.  CARPENETI   suggested  reading  the  stalking   statute,  AS                                                               
11.41.270, to understand the starting point.                                                                                    
                                                                                                                                
2:16:48 PM                                                                                                                    
MS. CARPENETI continued the sectional analysis.                                                                                 
                                                                                                                                
Section 5 raises the crime of  unlawful exploitation of a minor -                                                               
creating pornography  using minors, to  a class A felony  for all                                                               
offenders.  Currently it's  a  class B  felony  for a  first-time                                                               
offender and a class A felony for a convicted sex offender.                                                                     
                                                                                                                                
Section 6  addresses the  crime of endangering  the welfare  of a                                                               
child. Current law prohibits a  person from leaving a child under                                                               
age  16 with  a person  that  is required  to register  as a  sex                                                               
offender, or has been charged for  a sex offense. This adds child                                                               
kidnapper to  the list,  because most  cases of  child kidnapping                                                               
involve  sexual  abuse.  She  noted   that  the  House  Judiciary                                                               
Committee made minor drafting changes  to clarify that the person                                                               
is either  required to register or  is under the charge  of these                                                               
offenses.                                                                                                                       
                                                                                                                                
SENATOR COGHILL asked how this  meshes with charges of kidnapping                                                               
as a result of child custody disputes.                                                                                          
                                                                                                                                
MS. CARPENETI explained  that people who get  into disputes about                                                               
their own children are charged  with custodial interference. They                                                               
are not  charged with kidnapping,  and don't have to  register as                                                               
either a sex offender or a child kidnapper.                                                                                     
                                                                                                                                
Section 7 deals  with sexting - sending an explicit  picture of a                                                               
minor. The  House committees changed  this provision in  a couple                                                               
of  important ways.  First, the  state is  required to  prove the                                                               
culpable mental  state that  the person sent  the image  with the                                                               
intent to annoy or humiliate  another person. Second, it would be                                                               
a class B  misdemeanor if the person sends the  image and a class                                                               
A  misdemeanor  if the  person  puts  the  image on  an  Internet                                                               
website that is accessible to the public.                                                                                       
                                                                                                                                
2:19:51 PM                                                                                                                    
SENATOR WIELECHOWSKI commented  that he'd never seen  a bill that                                                               
criminalized "the intent to annoy or humiliate."                                                                                
                                                                                                                                
CHAIR FRENCH  pointed out that  the crime of harassment  has been                                                               
on  the books  for a  long  time, and  it talks  about intent  to                                                               
harass  or  annoy.  This  new  section  is  intent  to  annoy  or                                                               
humiliate. He reiterated that intent is difficult to prove.                                                                     
                                                                                                                                
MS. CARPENETI agreed, and added  that the positive result of this                                                               
culpable mental  state is that  it avoids the problems  that were                                                               
previously  discussed about  baby pictures  and photographs  that                                                               
parents might send to brag about their children.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI asked  for an explanation of  how the intent                                                               
works,  because   a  young  child  wouldn't   feel  annoyance  or                                                               
humiliation about a photo that was sent or posted.                                                                              
                                                                                                                                
MS. CARPENETI responded that a  charge wouldn't be brought if the                                                               
prosecution couldn't  prove that a  person acted with  the intent                                                               
to annoy or humiliate a child.                                                                                                  
                                                                                                                                
Section 8 is  a conforming amendment to show that  the conduct in                                                               
the prior section is excluded from the harassment prohibition.                                                                  
                                                                                                                                
2:21:53 PM                                                                                                                    
SENATOR COGHILL asked  if the intent language had  been upheld in                                                               
other jurisdictions or federal law.                                                                                             
                                                                                                                                
MS. CARPENETI replied she hadn't  seen a decision addressing that                                                               
particular language,  but there  is some  precedent for  the term                                                               
here  in Alaska  where people  have been  convicted of  intent to                                                               
annoy or harass another person.                                                                                                 
                                                                                                                                
2:22:27 PM                                                                                                                    
Section  9  adopts  two  new   crimes:  1)  misconduct  involving                                                               
confidential information  in the first degree,  and 2) misconduct                                                               
involving  confidential information  in  the  second degree.  The                                                               
second  degree   offense  prohibits   a  person   from  obtaining                                                               
information that  is defined as  confidential by law  without the                                                               
consent   of  the   owner  of   that  information.   Confidential                                                               
information is  defined in several  places in  statute, including                                                               
child  in  need  of  aid  (CINA)  information,  juvenile  justice                                                               
information and information encoded on an access device.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI referenced  Section 7 and asked  if it would                                                               
be a  crime to take  an explicit  picture of a  two-year-old with                                                               
the intent to annoy or humiliate the parents.                                                                                   
                                                                                                                                
MS.  CARPENETI answered  no, and  directed attention  to page  3,                                                               
lines 28-29.  The intent  to annoy or  humiliate relates  back to                                                               
the person whose picture was taken.                                                                                             
                                                                                                                                
CHAIR FRENCH  said the committee  would have to  consider whether                                                               
it wanted  to make  it a crime  to annoy a  parent by  sending an                                                               
explicit picture of a child.                                                                                                    
                                                                                                                                
SENATOR PASKVAN  asked if a  parent would have standing  if their                                                               
14-year-old didn't object, but the parent did.                                                                                  
                                                                                                                                
CHAIR FRENCH said  he reads the statute to say  it's got to annoy                                                               
or humiliate the person whose picture was sent.                                                                                 
                                                                                                                                
2:25:04 PM                                                                                                                    
MS.  CARPENETI continued  to  explain  that misconduct  involving                                                               
confidential  information in  the first  degree would  make it  a                                                               
crime  to commit  the second  degree offense  with the  intent to                                                               
injure, or to use the information  to commit a crime, or obtain a                                                               
benefit to which the person is not entitled.                                                                                    
                                                                                                                                
CHAIR FRENCH  asked what  this is  intended to  pick up  that the                                                               
current statute doesn't cover.                                                                                                  
                                                                                                                                
MS.  CARPENETI  replied  there are  statutes  involving  identity                                                               
theft  using  an  access  device, and  this  is  about  obtaining                                                               
information when there is no right to do so.                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  asked   how  confidential  information  is                                                               
defined.                                                                                                                        
                                                                                                                                
MS. CARPENETI  replied it's defined  on page 5, starting  on line                                                               
10. It is information that  is classified as confidential by law,                                                               
and information encoded on an  access device that is used without                                                               
consent.                                                                                                                        
                                                                                                                                
Section  10 clarifies  that  for  these crimes  a  person may  be                                                               
prosecuted,  under Alaska  law, for  conduct that  occurs outside                                                               
the state, if the victim is in this state.                                                                                      
                                                                                                                                
CHAIR FRENCH  asked if the confidential  information addressed in                                                               
Section 9  would include  passwords to  protect bank  accounts or                                                               
email accounts.                                                                                                                 
                                                                                                                                
MS. CARPENETI said she didn't know but she'd find out.                                                                          
                                                                                                                                
In Section 11,  the House Finance Committee  added the provisions                                                               
of  HB  175 to  correct  instances  of disagreement  between  the                                                               
statutes and Court  Rules. Probably the most important  is the 48                                                               
hour provision.  Since statehood,  it's been the  law to  bring a                                                               
person  arrested before  a judicial  officer without  unnecessary                                                               
delay, and in  any event, within 24 hours after  arrest. The bail                                                               
bill that passed  last year changed the Court Rules  to 48 hours,                                                               
but the statutes  weren't similarly changed. This  bill does that                                                               
in both the arrest statutes and the extradition statutes.                                                                       
                                                                                                                                
2:28:51 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked her to discuss  the constitutionality                                                               
in  light  of  the  U.S.  Supreme Court  cases  that  talk  about                                                               
unreasonable delays.                                                                                                            
                                                                                                                                
MS. CARPENETI  said Alaska doesn't  have an opinion,  because the                                                               
rule has  never before been 48  hours, but 48 hours  and 72 hours                                                               
have been  upheld by  state courts  as well  as the  U.S. Supreme                                                               
Court.   DOL  expects   that   this   would  be   constitutional,                                                               
particularly  since there  is still  the requirement  to bring  a                                                               
person  arrested   in  front  of   a  judicial   officer  without                                                               
unnecessary delay.                                                                                                              
                                                                                                                                
SENATOR PASKVAN  said if this  passes he'd  like a report  a year                                                               
from now on  the number of [appearances] that  occurred within 24                                                               
hours compared to  48 hours. This would be a  check on whether or                                                               
not  the system  was  getting  lazy and  people  were being  held                                                               
longer than necessary.                                                                                                          
                                                                                                                                
MS.  CARPENETI  told the  committee  that  [since the  bail  bill                                                               
passed]  Fairbanks has  been  following the  48  hour Court  Rule                                                               
rather  than  the  statute.  In just  one  instance  were  people                                                               
brought in after more  than 24 hours, and that was  due to an ice                                                               
storm that shut everything down.                                                                                                
                                                                                                                                
SENATOR PASKVAN said he'd like to  think that that type of prompt                                                               
handling would continue.                                                                                                        
                                                                                                                                
MS. CARPENETI pointed  out that arraignments are  done every day,                                                               
including weekends and holidays.                                                                                                
                                                                                                                                
2:32:02 PM                                                                                                                    
CHAIR FRENCH informed  the committee that he  discussed a 36-hour                                                               
timeframe  with Ms.  Carpeneti to  allow law  enforcement a  full                                                               
working day  to prepare for  an arraignment. Part of  the problem                                                               
now is that  if someone is arrested at 3:00  a.m., everything has                                                               
to be  ready for the  arraignment by  the next afternoon,  or the                                                               
person goes free.                                                                                                               
                                                                                                                                
MS. CARPENETI  said Section 12  reflects the  increased penalties                                                               
for unlawful exploitation  of a minor and online  enticement of a                                                               
minor in the sentencing statutes.                                                                                               
                                                                                                                                
Section 13  reflects the  change to 48  hours in  the extradition                                                               
statutes.                                                                                                                       
                                                                                                                                
Sections 14  and 15 correct inconsistencies  between statutes and                                                               
Court Rules. Section 14 changes the  penalty in Title 28, for the                                                               
correctable offense  of failure to  carry and provide proof  of a                                                               
driver's license,  from a class  B misdemeanor to  an infraction.                                                               
Section 15 changes  the penalty in Title 28,  for the correctable                                                               
offense of  failure to carry  proof of vehicle insurance,  from a                                                               
class B misdemeanor to an infraction.                                                                                           
                                                                                                                                
Section   16  clarifies   that  for   misdemeanor  offenses   the                                                               
appointment of  a probation officer  for supervised  probation is                                                               
at the discretion of the commissioner of corrections.                                                                           
                                                                                                                                
Section  17  deals  with  the  inconsistency  between  burning  a                                                               
vehicle in the Knik River Public  Use Area, and burning a vehicle                                                               
on  any  other  public  property   in  the  state.  In  2006  the                                                               
Department of Natural Resources  adopted regulations, as directed                                                               
by statute, and set  a $50 fine for burning a  vehicle in the new                                                               
Knik  River Public  Use Area.  Two years  later, the  Legislature                                                               
adopted the crime  of arson in the third degree,  which made it a                                                               
class C felony  to burn a vehicle on any  public property, except                                                               
in  the Knik  River Public  Use  Area. Section  17 corrects  this                                                               
inconsistency.                                                                                                                  
                                                                                                                                
2:36:00 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked for  the  rationale  for making  the                                                               
offense addressed  in Section  15 an infraction  as opposed  to a                                                               
class B misdemeanor.                                                                                                            
                                                                                                                                
MS.  CARPENETI  responded  that  in   the  past  five  years  the                                                               
Legislature adopted the  mandatory $500 fine for  the offense, if                                                               
a person doesn't bring in proof of vehicle insurance.                                                                           
                                                                                                                                
SENATOR PASKVAN asked  what the maximum jail time is  for a class                                                               
B misdemeanor.                                                                                                                  
                                                                                                                                
MS.  CARPENETI  replied  the  maximum   penalty  for  a  class  B                                                               
misdemeanor is 90 days and one year for a class A misdemeanor.                                                                  
                                                                                                                                
SENATOR  PASKVAN asked  about Section  13 on  page 8,  the arrest                                                               
without warrant provision  - that talks about  imprisonment for a                                                               
term exceeding one year.                                                                                                        
                                                                                                                                
MS.  CARPENETI said  this deals  with arrest  without warrant  of                                                               
people who  are found  to be fugitives  from another  state. It's                                                               
addressing  the fact  that Alaska  doesn't  extradite people  for                                                               
misdemeanors.                                                                                                                   
                                                                                                                                
SENATOR PASKVAN  asked if someone can  be arrested for a  class B                                                               
misdemeanor and held for 48 hours.                                                                                              
                                                                                                                                
MS.  CARPENETI said  it's  unlikely to  happen,  but sometimes  a                                                               
person that's  arrested for a  misdemeanor is too  intoxicated to                                                               
be arraigned within 24 hours.                                                                                                   
                                                                                                                                
SENATOR  PASKVAN  mentioned  the [Yukon-Charlie  Rivers  National                                                               
Preserve] incident and said he's  concerned about overzealous law                                                               
enforcement  officers. He  added  that he's  struggling with  how                                                               
long a  class B misdemeanant  should sit  in jail, if  there's no                                                               
penalty.                                                                                                                        
                                                                                                                                
MS. CARPENETI  responded that  a person  wouldn't be  arrested if                                                               
it's changed to an infraction.                                                                                                  
                                                                                                                                
SENATOR PASKVAN pointed out that, right  now, it would be a crime                                                               
for which a person could be arrested and taken to jail.                                                                         
                                                                                                                                
MS. CARPENETI responded that that's  within the discretion of the                                                               
arresting  officer.  Most  misdemeanors  result  in  a  citation,                                                               
unless the  person fails  to provide  proof of  identification or                                                               
appears to be a danger.                                                                                                         
                                                                                                                                
2:40:58 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he's always wary  of giving discretion                                                               
to prosecutors and police officers,  when it's a matter of taking                                                               
away a person's  liberties and rights. He said  he shares Senator                                                               
Paskvan's concern and it extends throughout the bill.                                                                           
                                                                                                                                
CHAIR FRENCH said it's a fair concern.                                                                                          
                                                                                                                                
MS.  CARPENETI  said  Section   18  redrafts  the  administrative                                                               
subpoena section  that passed  last year in  Senate Bill  222. It                                                               
speeds  up the  method for  getting information  from an  ISP, so                                                               
that  the  police  can  get  a warrant  to  search  a  particular                                                               
computer. It also  addresses delegation, and what  happens to the                                                               
information if  it's not  used in  a criminal  investigation. The                                                               
provision last  year provided that  it either be returned  to the                                                               
ISP or destroyed. That's impractical  because the ISP already has                                                               
the information and it's probably  not a good idea for government                                                               
to destroy  records. Instead,  the information  can be  sealed or                                                               
made part  of a confidential  file that people can't  access. She                                                               
noted  that  Sergeant  DeGraaf  was  available  to  discuss  that                                                               
further.                                                                                                                        
                                                                                                                                
CHAIR FRENCH  thanked Ms. Carpeneti  and suggested  the committee                                                               
spend the  remainder of its  time today discussing  subpoenas. He                                                               
asked Sergeant DeGraaf to put himself on the record.                                                                            
                                                                                                                                
2:44:10 PM                                                                                                                    
SERGEANT  DEREK DEGRAAF,  Alaska  State  Troopers, Department  of                                                               
Public  Safety   (DPS),  said   he  supervises   the  cybercrimes                                                               
investigative unit,  and is part  of the Internet  Crimes Against                                                               
Children Taskforce for  Alaska. Stating support for  the bill, he                                                               
said he'd  like to  provide a  street view  of how  these changes                                                               
would work.                                                                                                                     
                                                                                                                                
Speaking to the  provisions on page 2 that raise  the penalty for                                                               
online enticement of a minor a  felony level, he said most people                                                               
are familiar with the online  enticement crime because of the "To                                                               
Catch   a  Predator"   television   show.  In   these  cases   an                                                               
investigator goes online  and poses as a young person  who can be                                                               
lured by  a bad  guy to  meet for sex.  Law enforcement  looks at                                                               
catching these predators  as "good saves," because  this crime is                                                               
a precursor to several other  much more serious offenses. Without                                                               
intervention, that  meeting can turn  into a situation  of sexual                                                               
abuse  of  a  minor,  production   of  child  pornography,  or  a                                                               
homicide. Perpetrating  this sort of  crime takes away  a child's                                                               
innocence, and he  or she can never get that  back. Kids that are                                                               
under age  16 are  the most vulnerable,  because they  can't give                                                               
consent. Unfortunately,  law enforcement often learns  about this                                                               
crime only when  a parent calls to report what  happened to their                                                               
child. The first-time offender is  just as bad as the second-time                                                               
offender,  he said.  The television  show  demonstrates that  the                                                               
same guy will show up more than once.                                                                                           
                                                                                                                                
2:48:07 PM                                                                                                                    
Section 7 on pages 3-4: AS  11.61.116 - Sending an explicit image                                                               
of a  minor. Sergeant DeGraaf  said law enforcement gets  quite a                                                               
few calls  from parents and  school officials  regarding sexting.                                                               
Most frequently,  a girl takes  a provocative picture  of herself                                                               
and sends it to her boyfriend,  who eventually passes it along or                                                               
posts  it online.  In some  instances, this  has resulted  in the                                                               
suicide of  the person  who was  photographed. It's  important to                                                               
deal with  this right now,  because law enforcement  doesn't have                                                               
the authority  to do anything  about this unless the  image rises                                                               
to the level of child pornography.                                                                                              
                                                                                                                                
Section  9  on  pages  4-5:   AS  11.76  -  Misconduct  involving                                                               
confidential  information.  A  Google  search  for  "credit  card                                                               
skimmer"  will show  what these  new sections  address, he  said.                                                               
These  $200 pocket-size  devices are  available on  the Internet,                                                               
and  they're designed  to quickly  skim confidential  information                                                               
from a  credit card.  He described  a case  in Wasilla  where the                                                               
card  owner saw  the  initial  skimming and  reported  it to  the                                                               
police.                                                                                                                         
                                                                                                                                
SERGEANT DEGRAAF  said that making  the initial skimming  a crime                                                               
will  help prevent  the sale  of personal  information. He  noted                                                               
that   new   radio-frequency    identification   (RFID)   scanner                                                               
technology  makes  it  possible  to  gather  information  from  a                                                               
passport or  credit card that  is in  a pocket or  purse, without                                                               
touching the person.  This electronic pick pocketing  needs to be                                                               
stopped here in Alaska, he stated.                                                                                              
                                                                                                                                
CHAIR FRENCH mentioned Senator McGuire's  bill from several years                                                               
ago to narrow the use of RFID technology.                                                                                       
                                                                                                                                
SERGEANT DEGRAAF voiced support  for extending the window between                                                               
arrest and arraignment  from 24 hours to 48 hours  in Section 11.                                                               
He related that  sometimes law enforcement has to  time an arrest                                                               
based on  that 24 hour window,  even though waiting can,  in rare                                                               
circumstances,  create   a  public  safety  problem.   For  rural                                                               
troopers  weather is  generally  the biggest  factor for  fitting                                                               
within that window.                                                                                                             
                                                                                                                                
Section  18 on  pages  9-10:  AS 44.23.080  -  Subpoena power  of                                                               
attorney general  in cases involving  use of an  Internet service                                                               
account. Sergeant DeGraaf emphasized  that the ability to quickly                                                               
link an  IP address to  a physical  location will help  take more                                                               
child  predators  off the  street.  He  confirmed that  a  search                                                               
warrant  will still  be required  to contact  a person  and seize                                                               
their  computer  or go  to  their  house  to conduct  a  criminal                                                               
investigation.                                                                                                                  
                                                                                                                                
SERGEANT DEGRAAF reminded the committee  of the staggering number                                                               
of Alaskans that share or  create or distribute child pornography                                                               
on  the  Internet,  and  noted that  both  the  Anchorage  Police                                                               
Department and the  Alaska State Troopers have  officers who work                                                               
fulltime trying to  catch these people, most of whom  are men. He                                                               
asked the committee for its continued support for this measure.                                                                 
                                                                                                                                
2:53:30 PM                                                                                                                    
CHAIR FRENCH recalled  that the committee learned  last year that                                                               
the missing  link and point of  the subpoena was to  link an [IP]                                                               
address with a physical location.                                                                                               
                                                                                                                                
SERGEANT DEGRAAF  said that's correct. Right  now law enforcement                                                               
is required  to obtain a  search warrant  in order to  locate the                                                               
physical location  of an IP  address, and that  takes significant                                                               
time.                                                                                                                           
                                                                                                                                
CHAIR FRENCH  asked him to  describe what problems  resulted from                                                               
the bill that passed last year.                                                                                                 
                                                                                                                                
SERGEANT  DEGRAAF said  the  largest problem  was  that only  the                                                               
attorney  general could  authorize the  subpoena and  that caused                                                               
delays. This  bill gives that  authority to the  attorney general                                                               
or  an attorney  general designee.  A  more minor  issue was  the                                                               
civil subpoena process compared to a search warrant.                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  anyplace  else  in criminal  law                                                               
allows the attorney general or his  designee the power to issue a                                                               
subpoena.                                                                                                                       
                                                                                                                                
SERGEANT DEGRAAF deferred to Ms. Carpeneti.                                                                                     
                                                                                                                                
CHAIR  FRENCH   told  the  committee   that  a   commissioner  is                                                               
authorized to issue  a subpoena in a half  dozen other instances.                                                               
He said he doesn't know if  a commissioner's designee can issue a                                                               
subpoena. The  important distinction  is whether  the information                                                               
gained  by  that  subpoena  is  likely  to  lead  to  a  criminal                                                               
prosecution.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI voiced concern  with giving authority to not                                                               
only the  attorney general, but  also his designee to  search and                                                               
seize someone's property.                                                                                                       
                                                                                                                                
CHAIR FRENCH pointed out that  this isn't about seizing anything,                                                               
but he  shares the  concern, and is  considering narrowing  it to                                                               
the deputy attorney general of the criminal division.                                                                           
                                                                                                                                
2:57:25 PM                                                                                                                    
SENATOR  PASKVAN  asked  what  the  time  difference  is  between                                                               
obtaining  a subpoena  from  a superior  court  judge versus  the                                                               
attorney general.                                                                                                               
                                                                                                                                
SERGEANT  DEGRAAF explained  that  if he  had  probable cause  or                                                               
reasonable suspicion  that an  IP address  was involved  with the                                                               
production  or distribution  of  child  pornography images,  he'd                                                               
write a search warrant affidavit.  These 15-20 page documents lay                                                               
out the flow of the investigation  and take between 3 and 4 hours                                                               
to write,  review and deliver to  the court. It may  take another                                                               
hour for  a judge  to review  the affidavit and  sign off  on it.                                                               
Filling out the  DOL form for the summons or  subpoena might take                                                               
10  minutes, and  then it's  emailed to  the DOL  for review  and                                                               
signature. The  DOL sends the  authorization by email and  it can                                                               
be emailed  directly to  the Internet  service provider.  He said                                                               
that  when  he  identifies  an Internet  address  he  immediately                                                               
contacts  the ISP  asking  the provider  to  start gathering  the                                                               
data, because a search warrant  is forthcoming. He estimated that                                                               
this change would save four to five hours per case.                                                                             
                                                                                                                                
SENATOR  PASKVAN asked  why the  search warrant  affidavit that's                                                               
submitted  to  the court  couldn't  be  put  into a  form  that's                                                               
similar  to  the  document  that's   submitted  to  the  attorney                                                               
general.                                                                                                                        
                                                                                                                                
SERGEANT  DEGRAAF replied  the court  requires  a probable  cause                                                               
statement  for the  search  warrant,  whereas the  administrative                                                               
subpoena  uses  reasonable suspicion.  The  required  data for  a                                                               
subpoena is significantly less. The  business record that the ISP                                                               
provides  basically  translates  the  IP address  to  a  physical                                                               
address, and that's  when the real investigation  begins. At that                                                               
point, law enforcement develops probable  cause and gets a search                                                               
warrant to  enter the house. A  number of other states  have done                                                               
this to  better identify  and target these  bad actors.  He added                                                               
that   not  every   subpoena   would  end   up   in  a   criminal                                                               
investigation.  He first  targets  registered  sex offenders  and                                                               
persons in  a position of  authority versus the  18-year-old that                                                               
has child pornography on his computer.                                                                                          
                                                                                                                                
SENATOR  PASKVAN asked  if  the intent  of  the attorney  general                                                               
subpoena is to then get a search warrant from a judge.                                                                          
                                                                                                                                
SERGEANT DEGRAAF  said yes; when  he gets the subpoena  back with                                                               
the physical  address, he  does a  drive by  to confirm  that the                                                               
name and address  the Internet service provider  gave matches the                                                               
tax  records and  things  like  the license  of  the  car in  the                                                               
driveway.  A  normal  police investigation  then  ensues,  and  a                                                               
search  warrant  is required  before  entering  the residence  or                                                               
business to  seize computers for  the investigation.  Federal law                                                               
enforcement already follows this protocol.                                                                                      
                                                                                                                                
CHAIR  FRENCH  pointed   out  that  the  universe   of  what  law                                                               
enforcement gets from  the subpoena is set forth on  page 9, line                                                               
31 through page 10,  line 3. It does not include  a file, a disc,                                                               
a computer, or a house.                                                                                                         
                                                                                                                                
SENATOR PASKVAN asked if the  current three hour process of going                                                               
through the court  results in a subpoena to  access [ISP] records                                                               
and a search warrant.                                                                                                           
                                                                                                                                
SERGEANT  DEGRAAF  said  right  now it's  a  two  search  warrant                                                               
process.                                                                                                                        
                                                                                                                                
CHAIR  FRENCH thanked  Sergeant  DeGraaf and  announced he  would                                                               
hold HB 127 in committee.                                                                                                       
                                                                                                                                
3:03:43 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French adjourned the meeting at 3:03 p.m.                                                                                 
                                                                                                                                
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