2010-01-19                     House Journal                      Page 1297
HB 298                                                                                                                        
HOUSE BILL NO. 298 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the crimes of harassment, possession of child                                                          
     pornography, and distribution of indecent material to a minor;                                                             
     relating to suspending imposition of sentence and conditions of                                                            
     probation or parole for certain sex offenses; relating to                                                                  

2010-01-19                     House Journal                      Page 1298
     aggravating factors in sentencing; relating to registration as a sex                                                       
     offender or child kidnapper; amending Rule 16, Alaska Rules of                                                             
     Criminal Procedure; and providing for an effective date."                                                                  
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Administration                                                                                               
3.  Zero, Dept. of Law                                                                                                          
4.  Fiscal, Dept. of Corrections                                                                                                
                                                                                                                                
                                                                                                                                
The Governor's transmittal letter dated January 15, 2010, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Art. III, Sec. 18, of the Alaska Constitution, I                                                         
am transmitting a bill that provides Alaska law enforcement and other                                                           
agencies the resources needed to prevent sexual assault and domestic                                                            
violence crimes in Alaska. Sexual assault and domestic violence                                                                 
crimes destroy individuals and families, eroding the foundation of a                                                            
just society. Alaska's challenge is to stop child pornography, sexual                                                           
assault, and sexual abuse of minors in addition to ending the cycle of                                                          
domestic violence.                                                                                                              
                                                                                                                                
Alaska's criminal laws concerning domestic violence, sexual assault,                                                            
sexual abuse of a minor, and child pornography are strong. However, a                                                           
few changes would improve prosecution of these offenses. The bill                                                               
will adopt a class A misdemeanor for offensive touching that does not                                                           
arise to sexual assault in the first, second, or third degree. It will also                                                     
adopt a class C felony, the offense of knowingly accessing child                                                                
pornography on a computer, and extend the prohibition of distributing                                                           
indecent material to a minor to all forms of distribution.                                                                      
                                                                                                                                
The bill provides that a person convicted of human trafficking                                                                  
possession, or distribution of child pornography may not be given a                                                             
suspended imposition of sentence. It will specify conditions of                                                                 

2010-01-19                     House Journal                      Page 1299
probation for child predators that allow a court to forbid the defendant                                                        
from using a computer or internet site, and prohibit contact with                                                               
children.                                                                                                                       
                                                                                                                                
The bill will give the courts more discretion in sentencing defendants.                                                         
Specifically, it will allow a court to increase a person's sentence above                                                       
the usual sentencing range if the defendant knew that the victim was                                                            
particularly vulnerable as a result of having consumed alcohol or                                                               
drugs. It will also allow an increased sentence if the crime is a felony                                                        
and is committed against a person whom the offender is in a                                                                     
relationship of trust, such as dating or sexual relationship, or the                                                            
offense involves a defendant who is 18 years of age or older and has                                                            
sexual contact with a minor under 13 years of age.                                                                              
                                                                                                                                
Sex offenders and child kidnappers required to register elsewhere                                                               
should not be able to move to Alaska and avoid registration. The bill                                                           
will make it mandatory for a registered sex offender or child kidnapper                                                         
from another state to register in Alaska when the intention is to live in                                                       
Alaska. This would apply even when Alaska does not have a                                                                       
substantive law that is similar to the crime the person committed.                                                              
                                                                                                                                
Finally, the bill protects victims of child pornography from being                                                              
victimized or traumatized by the pre-trial discovery process in a                                                               
criminal prosecution. While it allows the pornographic material to be                                                           
inspected by the defendant, defense counsel, and experts the defense                                                            
may use, copying the material would be prohibited and required to                                                               
remain in the possession of law enforcement.                                                                                    
                                                                                                                                
I urge your prompt and favorable consideration of this bill.                                                                    
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sean Parnell                                                                                    
                                 Governor"