Legislature(2009 - 2010)
2010-01-19 Senate Journal
Full Journal pdf2010-01-19 Senate Journal Page 1237 SB 222 SENATE BILL NO. 222 BY THE SENATE 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 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 information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, Department of Corrections Fiscal Note No. 3, zero, Department of Administration Fiscal Note No. 4, zero, Department of Law Governor's transmittal letter dated January 15: Dear President Stevens, 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 and erode 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. 2010-01-19 Senate Journal Page 1238 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 extends the prohibition of distributing indecent material to a minor to all forms of distribution. The bill provides that a person convicted of human trafficking or possession or distribution of child pornography may not be given a suspended imposition of sentence. It will specify conditions of 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 allows 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 offence entails a defendant 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 come to Alaska and avoid registration. The bill will make it mandatory for registered sex offenders in another state or child kidnapper in 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, it prohibits copying the material and must remain in the possession of law enforcement. 2010-01-19 Senate Journal Page 1239 I urge your prompt and favorable consideration of this bill. Sincerely, /s/ Sean Parnell Governor