Legislature(2011 - 2012)CAPITOL 120
04/13/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB224 | |
| SB15 | |
| SB78 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 15 | TELECONFERENCED | |
| + | SB 78 | TELECONFERENCED | |
| + | HB 224 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 15 - SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE
1:36:32 PM
CHAIR GATTO announced that the next order of business would be
CS FOR SENATE BILL NO. 15(JUD), "An Act relating to penalties
for certain alcohol offenses involving persons under 21 years of
age committed by certain sex offenders or child kidnappers."
1:36:53 PM
SENATOR KEVIN MEYER, Alaska State Legislature, sponsor,
explained that SB 15 would increase the penalties for the crimes
of providing alcohol to a minor when the offense is committed by
a person who is required to register as a sex offender or a
child kidnapper. Under SB 15, if the underlying offense is [a
violation, the aggravated penalty would be a class B
misdemeanor; if the underlying offense is a class A misdemeanor,
the aggravated penalty would be a class C felony; and if the
underlying offense is a class C felony, the aggravated penalty
would be a class B felony. The specific crimes that could be so
aggravated under SB 15 are: AS 04.16.051 - Furnishing or
delivery of alcoholic beverages to persons under the age of 21;
AS 04.16.055 - Room rental for purposes of consuming alcoholic
beverages; and AS 04.16.057 - Permitting minor to illegally
possess liquor in dwelling.] There is a strong correlation
between alcohol use and sexual assault, and the intent of the
bill is to stop those who use alcohol in order to facilitate
their sexual abuse of a minor crimes. In conclusion, he
mentioned that SB 15 passed the Senate unanimously and has
attached fiscal notes.
1:39:46 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, on behalf of the sponsor, Senator Meyer, and in
response to a comment, clarified that members' packets should
now contain two indeterminate fiscal notes, one from the
Department of Law (DOL) and one from the Department of
Corrections (DOC).
SENATOR MEYER added that in its initial fiscal note
calculations, the DOC had used historical conviction averages,
but when it was pointed out in the Senate Finance Committee that
it's not possible to estimate how many new convictions passage
of SB 15 would result in, the DOC replaced its prior fiscal
notes with an indeterminate fiscal note.
1:43:05 PM
ANNA SAPPAH, Executive Director, Alaska Addiction Professionals
Association; Beneficiary Member, Advisory Board on Alcoholism
and Drug Abuse, Division of Behavioral Health (DBH), Department
of Health and Social Services (DHSS), after mentioning that in
addition to being in long-term recovery from substance abuse,
she is a survivor of several alcohol-related sexual
assault/abuse crimes, relayed that she is speaking in support of
SB 15. It is important to acknowledge the potential for sexual
abuse that arises when adults furnish alcohol and/or other drugs
to minors, she opined, because this behavior enables sex
offenders and other predators to victimize minors who become
judgmentally impaired while under the influence. Predators that
provide any mind- or mood-altering substance to minors should be
punished for doing so. The pain of living with having been
sexually abused can be devastating to children. In conclusion,
she asked the committee to support SB 15 so as to give
communities another tool with which to promote justice when
dealing with predators who would use any means available to
victimize Alaska's children.
1:44:45 PM
DOUGLAS MOODY, Deputy Public Defender, Criminal Division,
Central Office, Public Defender Agency (PDA), Department of
Administration (DOA), in response to a query, indicated that the
only concern the PDA has is that SB 15 might be applied to those
who aren't the intended targets of the bill.
MS. MARASIGAN pointed out, though, that the bill specifies that
the proposed increased penalties apply to people who are
required to register as a sex offender or as a child kidnapper.
In other words, SB 15 only applies to persons who have already
been convicted of such crimes. Providing alcohol or drugs to a
minor can leave him/her ripe for being sexually abused.
Furthermore, statistics indicate that from 2006 to 2007, over
half of all sexual assaults occurring in Anchorage involved
alcohol, and one-third involved victims under the age of 19.
These statistics highlight the need for another tool to help
keep such predators away from Alaska's children. In response to
comments and questions, she clarified that the bill would only
apply to registered sex offenders or registered child kidnappers
who violate either AS 04.16.051, AS 04.16.055, or AS 04.16.057;
and remarked that the bill is intended to address predators who
use alcohol as a grooming tool.
MR. MOODY, in response to questions and comments, offered his
understanding that the bill itself would not impact any already-
established penalty that could be imposed for violating
conditions of probation/parole, and that any such penalty would
have to be imposed consecutively.
[Members then briefly discussed aspects of existing
AS 04.16.051.]
MS. MARASIGAN, in response to comments and questions regarding
whether to either expand or limit who the bill would apply to,
noted that those issues were discussed in the Senate Judiciary
Standing Committee, and explained that via SB 15 as currently
written, the sponsor is attempting to address the behavior of
those who are already known to be predators because they have to
register as such; under the bill, the proposed increased
penalties could be applied before another sexual abuse of a
minor crime takes place.
2:07:28 PM
REPRESENTATIVE KELLER, referring to the DOC's [initial but
replaced] fiscal note, indicated favor with the SB 15's
proposal.
CHAIR GATTO observed that the court-decision notes pertaining to
AS 04.16.051 mention the issue of double jeopardy, and surmised
that there are probably going to be instances wherein certain
charges get merged.
CHAIR GATTO then relayed that CSSB 15(JUD) would be held over.