01/25/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB10 | |
| HB101 || HB148 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 101 | TELECONFERENCED | |
| + | HB 148 | TELECONFERENCED | |
| + | HJR 9 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 10 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
January 25, 2006
8:37 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 101(JUD) am
"An Act relating to sex tourism."
HEARD AND HELD
CS FOR HOUSE BILL NO. 148(JUD)
"An Act relating to human trafficking; and providing for an
effective date."
HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 9 am
Urging the United States Congress to honor the process and
judgment of the federal courts in the case of the Exxon Valdez
disaster and to refrain from enacting legislation that would
affect the outcome of the courts' resolution of the case.
BILL HEARING POSTPONED
SENATE BILL NO. 10
"An Act relating to liability for destruction of property by
unemancipated minors; and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 101
SHORT TITLE: SEX TOURISM
SPONSOR(s): REPRESENTATIVE(s) CROFT
01/21/05 (H) READ THE FIRST TIME - REFERRALS
01/21/05 (H) JUD, FIN
03/07/05 (H) JUD AT 1:00 PM CAPITOL 120
03/07/05 (H) Heard & Held
03/07/05 (H) MINUTE(JUD)
03/18/05 (H) JUD AT 1:00 PM CAPITOL 120
03/18/05 (H) Heard & Held
03/18/05 (H) MINUTE(JUD)
04/01/05 (H) JUD AT 1:00 PM CAPITOL 120
04/01/05 (H) Moved CSHB 101(JUD) Out of Committee
04/01/05 (H) MINUTE(JUD)
04/04/05 (H) JUD RPT CS(JUD) NT 5DP
04/04/05 (H) DP: KOTT, GRUENBERG, DAHLSTROM, GARA,
MCGUIRE
04/21/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/21/05 (H) <Bill Hearing Postponed>
04/22/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/22/05 (H) Moved CSHB 101(JUD) Out of Committee
04/22/05 (H) MINUTE(FIN)
04/25/05 (H) FIN RPT CS(JUD) NT 9DP
04/25/05 (H) DP: HAWKER, HOLM, CROFT, JOULE,
STOLTZE, MOSES, KELLY, MEYER, CHENAULT
05/03/05 (H) TRANSMITTED TO (S)
05/03/05 (H) VERSION: CSHB 101(JUD) AM
05/04/05 (S) READ THE FIRST TIME - REFERRALS
05/04/05 (S) JUD, FIN
01/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 148
SHORT TITLE: TRAFFICKING OF PERSONS
SPONSOR(s): REPRESENTATIVE(s) KERTTULA
02/14/05 (H) READ THE FIRST TIME - REFERRALS
02/14/05 (H) JUD, FIN
03/07/05 (H) JUD AT 1:00 PM CAPITOL 120
03/07/05 (H) Heard & Held
03/07/05 (H) MINUTE(JUD)
03/18/05 (H) JUD AT 1:00 PM CAPITOL 120
03/18/05 (H) Heard & Held
03/18/05 (H) MINUTE(JUD)
04/01/05 (H) JUD AT 1:00 PM CAPITOL 120
04/01/05 (H) Moved CSHB 148(JUD) Out of Committee
04/01/05 (H) MINUTE(JUD)
04/06/05 (H) JUD RPT CS(JUD) NT 5DP
04/06/05 (H) DP: KOTT, GRUENBERG, DAHLSTROM, GARA,
MCGUIRE
04/22/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/22/05 (H) <Bill Hearing Postponed>
04/29/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/29/05 (H) Moved CSHB 148(JUD) Out of Committee
04/29/05 (H) MINUTE(FIN)
04/30/05 (H) FIN RPT CS(JUD) NT 8DP 1NR
04/30/05 (H) DP: HAWKER, CROFT, HOLM, WEYHRAUCH,
JOULE, MOSES, FOSTER, MEYER;
04/30/05 (H) NR: KELLY
05/04/05 (H) TRANSMITTED TO (S)
05/04/05 (H) VERSION: CSHB 148(JUD)
05/05/05 (S) READ THE FIRST TIME - REFERRALS
05/05/05 (S) JUD, FIN
01/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SB 10
SHORT TITLE: PARENTAL LIABILITY FOR CHILD'S DAMAGE
SPONSOR(s): SENATOR(s) GUESS, DYSON
01/11/05 (S) PREFILE RELEASED 12/30/04
01/11/05 (S) READ THE FIRST TIME - REFERRALS
01/11/05 (S) HES, JUD
01/19/05 (H) HES AT 1:30 PM SENATE FINANCE 532
01/19/05 (S) Heard & Held
01/19/05 (S) MINUTE(HES)
01/26/05 (S) HES AT 1:30 PM BUTROVICH 205
01/26/05 (S) -- Meeting Canceled --
04/04/05 (S) HES AT 1:30 PM BUTROVICH 205
04/04/05 (S) Heard & Held
04/04/05 (S) MINUTE(HES)
04/06/05 (S) HES AT 1:30 PM BUTROVICH 205
04/06/05 (S) Scheduled But Not Heard
04/11/05 (S) HES AT 1:45 PM BUTROVICH 205
04/11/05 (S) Moved CSSB 10(HES) Out of Committee
04/11/05 (S) MINUTE(HES)
04/12/05 (S) HES RPT CS FORTHCOMING 2DP 3NR
04/12/05 (S) DP: DYSON, OLSON
04/12/05 (S) NR: WILKEN, ELTON, GREEN
04/13/05 (S) HES CS RECEIVED NEW TITLE
01/19/06 (S) JUD AT 8:30 AM BUTROVICH 205
01/19/06 (S) Scheduled But Not Heard
01/24/06 (S) JUD AT 8:30 AM BUTROVICH 205
01/24/06 (S) Scheduled But Not Heard
WITNESS REGISTER
Representative Eric Croft
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 101
Representative Beth Kerttula
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 148
Senator Gretchen Guess
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 10
Mr. Tony Newman, Program Officer
Division of Juvenile Justice
Department of Health & Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Commented on SB 10
Mr. Chip Wagoner, Executive Director
Alaska Conference of Catholic Bishops
Catholic Community Services
Juneau, Alaska 99801
POSITION STATEMENT: Testified in support of HB 101 and HB 148
Ms. Anne Carpeneti, Assistant Attorney General
Criminal Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on HB 101 and HB 148
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:37:06 AM. Present were Senators
Hollis French, Charlie Huggins, Gretchen Guess, and Chair
Seekins.
SB 10-PARENTAL LIABILITY FOR CHILD'S DAMAGE
8:37:18 AM
CHAIR RALPH SEEKINS announced SB 10 to be up for consideration.
SENATOR GRETCHEN GUESS, bill sponsor, introduced SB 10 and
explained that it was clearly complicated. She offered to give
an overview of the sections and then open it up for questions.
Increasingly juveniles are vandalizing and community members are
seeking ways to control and stop the vandalizing. Historically
communities have dealt with the civil part of the issue and the
amount that the parent is liable for. There are three different
processes a juvenile can go through. There is an informal
process with juvenile justice, a criminal process, and a civil
process. They all deal with the child and the parent differently
when it comes to restitution. SB 10 is an attempt to insert a
consistent system into law and to start holding children
accountable for their actions. SB 10 proposes to hold a juvenile
liable for the first $5,000 worth of damage. The parents would
be responsible for the next $15,000, and that comes out of
current law. The idea behind the bill is for parents and
children to create a payment plan and for the payment plan to go
past the age of 18. If the victim were not interested in getting
full restitution that would be their choice.
8:41:28 AM
SENATOR GUESS continued by saying she tried to create a balance
of many issues, such as restitution versus accountability,
affordability of the family, and the length of time it would
take to make restitution.
8:43:58 AM
At the request of other members of the Legislature, Senator
Guess offered that a portion of the permanent fund dividend
(PFD) could be taken to help pay for restitution and/or the
driver's license of the youth could be taken away or the
issuance postponed.
8:45:34 AM
CHAIR SEEKINS asked Senator Guess whether SB 10 would make the
State of Alaska responsible for restitution in the case where
the child is a ward of the state.
SENATOR GUESS said no. That language is in current law and was
Senator Fred Dyson's intent of four years ago.
CHAIR SEEKINS felt the state should assume liability if they
assumed responsibility.
SENATOR GUESS advised she would double check and get back to the
committee. "The difficulty is that if the child doesn't have
parents or if they have parents that are exempt from liability,
that $15,000 can't be recovered any other way because of equal
protection."
8:48:46 AM
Senator Gene Therriault joined the committee.
SENATOR HOLLIS FRENCH said the criminal justice system's power
over a minor ends about a year after they turn 18. He asked how
the bill would keep the power of the court on the minor after
emancipation.
SENATOR GUESS offered to find out and get back to the committee.
8:51:03 AM
CHAIR SEEKINS said when a court orders restitution; it shows up
on that person's credit report. He asked whether the same would
occur.
SENATOR GUESS said it was the intent of bill that it would once
the person turns 18. It would follow the same as any debt, and
it would for the parent as well.
SENATOR CHARLIE HUGGINS referred to page 8 lines 7 and 8 and
noted "The schedule must provide for payments adequate to
fulfill the total restitution amount before the minor reaches 18
years if age." He wondered the outcome when this doesn't happen.
SENATOR GUESS clarified that was for the informal action. If it
couldn't be satisfied by age 18 it would have to go to either a
criminal or civil action.
8:54:09 AM
SENATOR FRENCH asked the reason for not commanding the court to
order full restitution and to allow the court to apportion
between the juvenile and the parents as the court sees fit
according to the facts of the case.
SENATOR GUESS said the extremes are the easy cases. She made the
policy call to putting a structure to the restitution instead of
having the courts decide things such as negligence of a parent.
She said most cases are not black and white. She said there
could be inequities when depending on the courts to decide.
8:57:20 AM
CHAIR SEEKINS said the bill would strike a balance and should
prod parents to control the activities of their children.
8:59:19 AM
SENATOR GUESS asserted many people have strong opinions about
the bill.
CHAIR SEEKINS asked for public testimony on SB 10.
8:59:57 AM
MR. TONY NEWMAN, program officer, Division of Juvenile Justice
(DJJ) expressed concern related to the sections devoted to the
changes in the apportioning of restitution between parents and
juveniles as well as the revocation of driver's licenses. He
said placing restitution solely on youth might decrease the
likelihood that restitution would get paid. SB 10 could saddle
youth with a debt they could never repay. Another concern is
that revoking a driver's license would be issuing a penalty that
was not associated with the crime. There is no evidence that
juveniles would be less likely to commit a crime knowing their
driver's license would be revoked.
9:02:12 AM
The DJJ has invested heavily in looking at factors that are
linked to delinquent behavior and have adopted a new assessment
tool that will help target resources and responses to crime for
youths with the highest likelihood of re-offense. SB 10 has an
exemption for taking away the driver's license for those who
need transportation to work. He suggested juveniles need their
license to get to appointments with probation officers, and
family counseling, among other things.
9:03:34 AM
SENATOR FRENCH asked the level of conviction required to pull a
driver's license.
MR. NEWMAN said in SB 10 it must be pulled for a formal or
informal case.
CHAIR SEEKINS asked Senator Guess whether it would be a
discretionary or mandatory action on the part of the courts.
SENATOR GUESS said as written now, it would be mandatory.
SENATOR FRENCH asked Mr. Newman to describe the steps required
to go through both an informal and formal adjudication.
MR. NEWMAN explained when a youth breaks the law, the police
forward a report to a juvenile justice intake officer who looks
at the facts of the crime and makes a determination whether or
not to forward the case to a court or to handle the case
informally, which means calling the parent for a discussion. The
latter is done generally when the damage is relatively low in
value. Many cases the family will pay to avoid an appearance in
court. In fiscal year 2005 the DJJ gathered 97 percent of
restitutions ordered informally before case closure. When the
damage gets into the thousand-dollar range it is most likely to
go to the formal level.
9:06:18 AM
SENATOR FRENCH asked the court procedures during a formal
adjudication.
MR. NEWMAN explained the intake officer petitions the court and
the court brings the juvenile in and the court orders
restitution. The DJJ has an arrangement with the Department of
Law (DOL), which has a collections unit that is responsible for
seeing that all restitutions ordered through the formal court
process are paid.
9:07:27 AM
SENATOR FRENCH noted a juvenile would be given an attorney prior
to formal court adjudication and would have the opportunity to
contest the charges.
MR. NEWMAN agreed. He said the process is different than adult
court in that youth are not convicted of specific charges. They
are either adjudicated delinquent or not, based on many factors
over and above the specific crime.
SENATOR FRENCH asked the legal trigger for pulling the driver's
license.
SENATOR GUESS corrected the record saying that is only in the
formal adjudicated process in the bill.
9:10:43 AM
CHAIR SEEKINS held SB 10 in committee.
HB 101-SEX TOURISM
HB 148-TRAFFICKING OF PERSONS
9:16:55 AM
CHAIR SEEKINS asked Representative Croft to introduce HB 101.
REPRESENTATIVE ERIC CROFT, bill sponsor, introduced the bill and
began with a description of the problem currently facing Alaska.
He cited part of a speech by President George W. Bush to the
United Nations in September of 2003 regarding young people
trapped in sex trafficking commerce. "Those people who create
these victims and profit from their suffering must be severely
punished. Those who patronize this industry debase themselves
and deepen the misery of others and governments that tolerate
this trade are tolerating a form of slavery." The Protect Act,
signed into law in 2003, makes it a crime for any person to
enter the United States or for any citizen to travel abroad for
the purpose of sex tourism involving children. The Department of
Justice is actively investigating sex tour operators and patrons
who can face up to 30 years in prison under the Trafficking
Victims Protection Act.
9:20:27 AM
The first and most important step was the federal law that
President Bush referred to that makes it a crime to travel for
purposes of having sex with a child. Representative Croft said
states must also act. Alaska has a special exposure to sex
tourism due to its vicinity of the Pacific Rim. Hawaii passed a
law similar to HB 101 making it illegal to advertise sex
tourism. The Hawaii Legislature found that the sex industry has
expanded in the past decade and involves the exploitation of
persons, particularly women and children. Under their new law
they were able to prosecute and withdraw the license from a
Honolulu travel agency that had placed explicit advertisement on
the web for the ultimate Asian sex tour of Thailand. He
recognized broad support from the religious community.
9:23:10 AM
REPRESENTATIVE CROFT explained the original bill had both the
advertising of tourism element and the human trafficking
element. After Representative Kerttula introduced HB 148 he
dropped the trafficking element from HB 101. Late last year the
Department of Law (DOL) submitted a proposed substitute. Both
establish a class C felony for the conduct. He stated the reason
he did not adopt the DOL suggestion was because it was offered
so late in the previous session. He also wanted to make sure
that the bill was not too narrow.
9:26:43 AM
CHAIR SEEKINS asked whether the DOL's "draft A" was a substitute
for the entire language of the bill.
REPRESENTATIVE CROFT said yes.
CHAIR SEEKINS asked Representative Croft whether he supported
draft A or wanted to retain his original bill.
REPRESENTATIVE CROFT said he would prefer to put it before the
Senate Standing Judiciary Committee to adopt the preferred
version.
CHAIR SEEKINS noted Ms. Anne Carpeneti's flight was late
arriving and he could not verify whether she would make it in to
comment on behalf of the DOL.
SENATOR HUGGINS asked Representative Croft to explain the
magnitude of difficulties with the issue in Spenard.
REPRESENTATIVE CROFT said it was significant during the pipeline
days and is better now, but the bill deals with a global
problem. HB 101 deals with people who advertise the conduct that
allows people to fly oversees for commercial sex. HB 148 would
deal with people who traffic persons into the state.
9:31:05 AM
SENATOR HUGGINS commented on the maturation of the sex industry
in Thailand.
SENATOR GUESS asked Representative Croft to explain the
difference in dealing with Alaska companies who advertise in
Alaska and companies from other states that advertise in Alaska.
REPRESENTATIVE CROFT said Alaska law could establish how Alaska
businesses operate but it is difficult to try and regulate what
is on the Internet.
SENATOR GUESS asked whether a Nebraska business could advertise
in Alaska and whether an Alaska business could advertise outside
of the state.
REPRESENTATIVE CROFT did not know.
9:35:42 AM
SENATOR GUESS noted a business could get around the law by
relocating.
SENATOR FRENCH guessed it would be up to the process of the law.
An Alaska judge could issue a warrant for the crime of selling
or advertising in the state. If the person lives in Alaska and
commits the crime somewhere else then it would be a different
story.
SENATOR HUGGINS asked Representative Croft whether the bill
addresses floating vessels.
REPRESENTATIVE CROFT said the Legislature had clarified
jurisdiction in territorial waters for crimes committed there. A
brochure on a cruise ship inside of three miles would fall
within Alaska jurisdiction.
9:39:03 AM
CHAIR SEEKINS asked for a current example of an act that would
break the proposed law.
REPRESENTATIVE CROFT did not have one. He said there are a
significant amount of Alaska citizens who travel out of country
to engage in the business. Identifying exactly who or how it is
advertised is difficult because it is an underground deal.
Looking at the supply side gives a person an idea of how many
people support the industry.
CHAIR SEEKINS noted that Mr. Chip Wagoner signed up to testify
on both HB 101 and HB 148. He asked Mr. Wagoner to hold his
testimony until HB 148 was introduced.
CHAIR SEEKINS asked Representative Kerttula to introduce HB 148.
9:41:06 AM
REPRESENTATIVE BETH KERTTULA, bill sponsor, introduced HB 148.
She reiterated earlier comments from Representative Eric Croft
saying that human trafficking is a horrendous crime and a modern
form of slavery and also a global problem as well as an Alaska
problem. President George W. Bush and the federal government
have encouraged the states to enact legislation to address the
crime. The bill was crafted with the Department of Law (DOL). It
addresses the specific crime of bringing women and children into
the state and forcing them into forced labor or sexual activity.
9:44:15 AM
MR. CHIP WAGONER, Executive Director, Alaska Conference of
Catholic Bishops, testified on both HB 101 and HB 148. He said
both bills are very short in length but contain a huge principal
of Catholic social doctrine. The principal is that each and
every person has human dignity deserving of recognition and
reverence. Sadly this is not the case. Half of the world's
population lives on less than $2 a day. One billion people live
in urban slums and 30 million people die yearly due to hunger.
People in desperate states are vulnerable and subject to prey.
The most recent report from the Vatican noted more than 800
million children around the world are victims of malnutrition,
disease, trafficking, and other forms of exploitation. More than
50 million children are born every year who are not even
registered, leaving them open to a lifetime of exploitation as
their existence is unknown even by their own governments. Human
trafficking involves more than a million children each year in
what has become a $1.2 billion dollar business. Human
trafficking has been noted as the second largest criminal
activity in the world today and the fastest growing.
9:48:02 AM
While human trafficking is a worldwide issue, it is a problem in
this country as well. The United States Department of State
estimates that 18-20,000 victims are trafficked across US
borders each year. The Center for Women Policy Studies believes
the number is closer to 100,000. The Alaska Catholic Conference
supports both HB 101 and HB 148. More can be done though. For
example California recently passed a comprehensive 28-page bill
that enables a victim of human trafficking to bring a civil
action for actual damages. Connecticut recently adopted a
statute that created an interagency task force on the
trafficking of persons. He said victims should be encouraged
victims to come forward without fear of deportation. There is a
vast difference between illegal immigration and people who are
brought to the US against their will or on the basis of false
promises.
9:50:08 AM
CHAIR SEEKINS asked for discussion among members.
SENATOR GUESS asked Representative Kerttula to give an example
of human trafficking in the second degree.
REPRESENTATIVE KERTTULA explained there are different states of
mind in criminal law. There are intentional, negligent,
reckless, and knowingly. HB 148 seeks to separate the punishment
accordingly. A strip club owner who saw what was going on and
chose to ignore it would be second level or reckless. It is a
lesser crime with lesser punishment but the behavior should
still be criminalized.
SENATOR GUESS asked whether something could be done about
deportation at the state level.
REPRESENTATIVE KERTTULA said the federal government is
addressing that. The next stage in development in anti-
trafficking on the federal level has included special visas that
women who are victims of trafficking can apply for. The first
step is to criminalize trafficking on a state level and the next
step would be to develop a task force or do something with
social services. Anchorage has a federal grant to be able to do
work on the issue.
9:55:03 AM
SENATOR GUESS advised the members that the effective date would
need to be changed on page 2. She asked members to consider an
immediate effective date.
CHAIR SEEKINS announced a brief recess at 9:55:51 AM.
10:02:51 AM
MS. ANNE CARPENETI, Assistant Attorney General, criminal
division, Department of Law (DOL) introduced herself.
CHAIR SEEKINS advised Ms. Carpeneti that the committee was
looking at both HB 101 and HB 148 at the moment. He asked her to
look at HB 101 and advise the committee of the rationale behind
DOL's Draft A.
MS. CARPENETI advised it is tighter and narrower. The DOL is
concerned that promoting travel for the purpose of another
person engaging in acts of prostitution might cover activity the
DOL would not be looking to cover, such as the cab driver who
takes a person to a place where the driver knows commercial sex
might be available.
10:06:10 AM
REPRESENTATIVE CROFT said on reflection, he would prefer the
Draft A version submitted by the DOL. It is not the intent of
the bill to include an airline or a taxicab company.
CHAIR SEEKINS asked the penalty for promoting prostitution in
the second degree as compared to promoting sex tourism.
10:09:04 AM
MS. CARPENETI advised both penalties are a class C felony.
CHAIR SEEKINS asked whether there is a reason to separate the
crimes versus utilizing the existing statute.
REPRESENTATIVE CROFT said the enticement language in Draft A is
cleaner and, all things being equal it makes more sense to put
it within the existing statute rather than create new law.
CHAIR SEEKINS said it was the habit of the Senate Judiciary
Committee to try to utilize existing statute as much as possible
rather than to create new crimes.
SENATOR FRENCH agreed.
10:12:28 AM
CHAIR SEEKINS asked for further testimony. Seeing none, he asked
for discussion among committee members.
Senator French moved Amendment 1 to HB 101. Strike the language
in version F.A completely and replace it with Draft A from the
DOL. Hearing no objections, the amendment was adopted.
10:14:05 AM
SENATOR GUESS moved Amendment 2 to HB 101. Add an immediate
effective date to the bill. Hearing no objections, the amendment
was adopted.
10:14:05 AM
CHAIR SEEKINS asked Ms. Anne Carpeneti to comment on HB 148.
MS. ANNE CARPENETI, Assistant Attorney General, Department of
Law (DOL), testified the DOL has worked with Representative
Kerttula on the bill and the DOL fully supports it in its
current form.
10:15:41 AM
SENATOR GUESS moved Amendment 1 to HB 148 to make the effective
date immediate. Hearing no objections, the amendment was
adopted.
CHAIR SEEKINS held HB 101 and HB 148 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:16:39 AM.
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