04/16/2011 10:00 AM Senate FINANCE

CS 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."                                                                      
                                                                                                                                
11:04:25 AM                                                                                                                   
                                                                                                                                
JOHN BURNS,  ATTORNEY GENERAL  explained the  bill's purpose                                                                    
of communicating the collaborative  efforts of the governor,                                                                    
the House,  and the Senate.  He stated  the goal to  end the                                                                    
epidemic  of  sexual  assault  and  breaking  the  cycle  of                                                                    
domestic  violence  in Alaska.  He  asserted  that women  in                                                                    
Alaska were  raped two  and one half  times more  often than                                                                    
the national  average. He stated that  Alaskan children were                                                                    
sexually  abused  at  a  rate  of  six  times  the  national                                                                    
average. He maintained that the cycle of abuse must end.                                                                        
                                                                                                                                
Mr. Burns stated that the  responsibility of the legislature                                                                    
was  to  enact  legislation  to enhance  public  safety.  He                                                                    
continued that  HB 127 refined  legislative changes  made in                                                                    
recent  years. The  legislation expanded  the stalking  laws                                                                    
and prohibited law enforcement  from having sexual relations                                                                    
with people  in custody  and raised  the penalty  for online                                                                    
enticement of minors.                                                                                                           
                                                                                                                                
11:07:21 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  mentioned  four fiscal  notes,  two  zero                                                                    
notes from the Department of  Health and Social Services and                                                                    
the  Department of  Law and  two indeterminate  fiscal notes                                                                    
from the Department of Administration  and the Department of                                                                    
Corrections.                                                                                                                    
                                                                                                                                
11:07:48 AM                                                                                                                   
                                                                                                                                
ANNIE   CARPENETI,  ASSISTANT,   DEPARTMENT  OF   LABOR  AND                                                                    
WORKFORCE  DEVELOPMENT,   explained  the   legislation.  She                                                                    
stated   that   the   bill   expands   the   definition   of                                                                    
nonconsensual contact  for purposes  of stalking  to include                                                                    
following a person with a  GPS device or installing a device                                                                    
on  the  victim's  computer  or  telephone.  The  bill  also                                                                    
amended crimes  of sexual  assault in  the third  and fourth                                                                    
degree to prohibit  a peace officer from  engaging in either                                                                    
sexual  penetration or  sexual  contact with  the person  in                                                                    
that   peace  officer's   custody.   The   law  applied   to                                                                    
relationships considered consensual.                                                                                            
                                                                                                                                
11:10:25 AM                                                                                                                   
                                                                                                                                
Ms. Carpeneti continued that the  bill added to the crime of                                                                    
criminal  use of  computer, which  was a  Class C  felony by                                                                    
prohibiting a  person from installing a  keystroke logger on                                                                    
another person's  computer. The bill made  technical changes                                                                    
to the  crime of endangering the  welfare of a minor  in the                                                                    
first  degree.  The  bill  adopted  a  new  crime  including                                                                    
sending  an  explicit digital  image  of  a minor.  The  law                                                                    
required proof  that the person  acted with intent  to annoy                                                                    
or  humiliate another  person  who  distributes an  explicit                                                                    
image of a minor under the age of 15.                                                                                           
                                                                                                                                
Ms.  Carpeneti  continued  that  the  bill  also  adopted  a                                                                    
misdemeanor  offense  of misconduct  involving  confidential                                                                    
information  in the  first and  second  degrees. The  second                                                                    
degree crime  prohibits the person from  knowingly obtaining                                                                    
confidential  information about  another person  without the                                                                    
consent of that person or  the legal authority to obtain the                                                                    
information.  Confidential information  was defined  as that                                                                    
information that  is already defined as  confidential in our                                                                    
laws.                                                                                                                           
                                                                                                                                
Ms.  Carpeneti explained  that the  bill gave  discretion to                                                                    
the  court  in  sentencing  a person  who  is  convicted  of                                                                    
certain  sexual crimes  against children  as a  condition of                                                                    
probation  that the  person not  reside within  500 feet  of                                                                    
school grounds. The bill made  changes to the administrative                                                                    
subpoena enacted last year in SB 222.                                                                                           
                                                                                                                                
11:14:37 AM                                                                                                                   
                                                                                                                                
She mentioned  corrections displayed  in the bill.  The bill                                                                    
changed the statutes to comply  with the court rules adopted                                                                    
the year prior. She noted changes  in the area of arson. The                                                                    
statute  adopted a  bail schedule  for  arson offenses.  She                                                                    
stated  that the  bill  corrected inconsistencies  regarding                                                                    
fines incurred for crimes involving arson.                                                                                      
                                                                                                                                
11:17:52 AM                                                                                                                   
                                                                                                                                
Senator  Olson asked  about  a person  taking  a picture  of                                                                    
their  child sitting  on  the toilet.  He  wondered if  they                                                                    
would face an infraction.                                                                                                       
                                                                                                                                
Ms.  Carpeneti replied  that no  infraction  would be  faced                                                                    
because the  state must  prove that  the parent  intended to                                                                    
distribute a photo to annoy or humiliate the child.                                                                             
                                                                                                                                
Senator Olson  asked if  a person was  attempting to  warm a                                                                    
car with  coals from  a campfire, would  they be  liable for                                                                    
charges.                                                                                                                        
                                                                                                                                
Ms.  Carpeneti replied  that the  arson statute  contained a                                                                    
culpable  mental  state  requiring  proof  that  the  person                                                                    
intended to explode the vehicle.                                                                                                
                                                                                                                                
11:19:21 AM                                                                                                                   
                                                                                                                                
COMMISSIONER  MASTERS,  DEPARTMENT  OF  PUBLIC  SAFETY  (via                                                                    
teleconference),  echoed  the   testimony  of  the  Attorney                                                                    
General.   He   highlighted   the  operation   between   the                                                                    
administration,  the Senate,  and  the  House regarding  the                                                                    
evolution  of   the  legislation.  The  importance   to  law                                                                    
enforcement occurred  by raising  the classification  of the                                                                    
crime to the appropriate level  for the predatory conduct of                                                                    
offenders   who  enticed   Alaskan   children  into   sexual                                                                    
encounters  and abuse  over  the internet.    He added  that                                                                    
people who  engaged in  these patterns  of conduct  were not                                                                    
typically first-time offenders.                                                                                                 
                                                                                                                                
Commissioner Masters  commented about  the GPS  tracking and                                                                    
keystroke provisions of the bill.                                                                                               
                                                                                                                                
11:22:43 AM                                                                                                                   
                                                                                                                                
Commissioner  Masters  stated  that the  department  was  in                                                                    
complete  agreement  about  the  provision  regarding  peace                                                                    
officers. He reiterated the importance of the legislation.                                                                      
                                                                                                                                
11:23:26 AM                                                                                                                   
                                                                                                                                
Attorney   General   Burns   reiterated  the   concerns   of                                                                    
Commissioner Masters.                                                                                                           
                                                                                                                                
Co-Chair Hoffman  MOVED to  report HB  127 out  of committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
note(s). There being NO OBJECTION, it was so ordered.                                                                           
                                                                                                                                
HB  127 was  REPORTED  out  of committee  with  a "do  pass"                                                                    
recommendation and  with one new  zero fiscal note  from the                                                                    
Department  of  Law,  one  new zero  fiscal  note  from  the                                                                    
Department  of  Corrections,  two  indeterminate  previously                                                                    
published  fiscal notes:  FN3 (DOA)  and FN6  (DOA) and  two                                                                    
previously published  zero fiscal  notes: FN1 (DPS)  and FN5                                                                    
(DHS).