Legislature(2011 - 2012)BELTZ 105 (TSBldg)
03/28/2011 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB98 | |
| SB15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 98 | TELECONFERENCED | |
| + | SB 15 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 15-SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE
2:17:12 PM
CHAIR FRENCH announced the consideration of SB 15.
2:17:32 PM
SENATOR KEVIN MEYER, sponsor of SB 15, said this bill would
provide an enhanced penalty for convicted sex offenders and
child kidnappers who furnish alcohol to minors in exchange for
sexual favors. He said that Ms. Carpeneti is available to
discuss the bill and how it's drafted. He added that he
understands that the bill needs to be amended to include only
the folks who are currently on the sex offender registry.
2:19:47 PM
CHAIR FRENCH asked him to remind the committee what the statutes
listed on page 1, lines 5-6, refer to.
2:20:04 PM
CHRISTINE, MARASIGAN, staff to Senator Meyer, said AS 04.16.051
relates to furnishing or delivering alcoholic beverages to
persons under age 21; AS 04.16.055 relates to room rental for
the purpose of consuming of alcoholic beverages; and AS
04.16.057 relates to permitting a minor to illegally possess
liquor in a dwelling.
Oftentimes alcohol is used as a grooming tool for minors. This
is witnessed by an Anchorage report that talks about the number
of sexual assaults to women under age 19 half of which involve
alcohol. SB 15 addresses this issue.
CHAIR FRENCH said he agrees with the concept of the bill.
2:23:07 PM
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law (DOL) said she noticed that the definition of
sex offender or child kidnapper cross references a definition in
AS 12.63.100. It defines sex offender or child kidnapper as a
person who has been convicted in this state or another
jurisdiction of a sex offense or child kidnapping offense on or
before 1999. This means that a person may come under this
provision after they are no longer required to register.
She suggested amending the language to apply just to people who
are currently required to register, not people who are no longer
required under the law to register.
CHAIR FRENCH summarized that on page 1, lines 9-10, the
suggested language is "that was committed by a person required
to register as a sex offender or child kidnapper under AS
12.63."
MS. CARPENETI agreed.
CHAIR FRENCH said he'd bring that conceptual amendment before
the committee at a future hearing.
SENATOR PASKVAN said that he tends to agree because the
definition of "sex offender" can generally include things like
indecent exposure under AS 11.41.460.
MS. CARPENETI said that may come under this bill if it's a
registerable offense. A second conviction of indecent exposure,
for example, is a registerable offense.
CHAIR FRENCH recapped that Ms. Carpeneti pointed out that a
second conviction for indecent exposure is a registerable
offense and that would put a person under the structure of this
bill should he/she in the future serve alcohol to a minor.
MS. CARPENETI corrected the record. Under AS 12.63 a sex offense
is included as a registerable offense if the person is convicted
of indecent exposure and the exposure is before a person under
age 16 and it's a second offense.
2:26:19 PM
SENATOR PASKVAN referenced AS 11.41.460, indecent exposure, and
asked if the additional requirement is that the exposure has to
be before a person under the age 16.
MS. CARPENETI said yes and it has to be a second conviction for
that offense.
SENATOR PASKVAN referenced AS 11.61.118, harassment in the first
degree and asked about harmful offensive contact.
CHAIR FRENCH asked if that's a registerable offence.
MS. CARPENETI said yes if it's a second conviction for the
offense. It's offensive touching where the victim doesn't have
time to say "no." Sometimes this happens in a bar.
SENATOR PASKVAN said he understands that the proposed language
would put the requirement to register with the sex offender.
MS. CARPENETI said yes; as currently drafted she reads it to
mean that a sex offender who has come off the registry would
again have to register because they had been convicted of an
offense that is defined as registerable. This would matter for
people who are required to register for 15 years, but it
wouldn't matter for those who are required to register for life.
CHAIR FRENCH asked if this is a separate statutory punishment
for the crime of serving alcohol to a minor and not an
aggravator to the sex offense.
MS. CARPENETI confirmed that it's an increased penalty for
committing certain offenses while you have to register as a sex
offender. It's not an aggravating factor to the sex offense.
CHAIR FRENCH asked for confirmation that this statute wouldn't
capture a first time offender who furnishes alcohol to a minor
and has sex with her.
MS. CARPENETI agreed; at that point you wouldn't be a convicted
sex offender and you wouldn't be required to register.
2:29:45 PM
SENATOR COGHILL asked if this could create a double jeopardy
issue.
MS. CARPENETI replied she doesn't believe so because it would
just be an aggravated penalty because of circumstances in your
past. This is common in criminal law.
CHAIR FRENCH said a felon in possession of a firearm is a good
example of more severe consequences based on past behavior. Most
people are allowed to carry guns, but it's always against the
law to serve alcohol to a minor. This bill increases the penalty
for people who have a sex crime history.
SENATOR COGHILL said he agrees with the intent, but he wants
assurance that it won't get thrown out.
CHAIR FRENCH observed that enticing teenagers with alcohol is a
predictable feature of sex offender behavior. Senator Meyer has
a good idea to curtail that activity.
2:32:31 PM
CHAIR FRENCH closed public testimony and announced that he would
hold SB 15 in committee awaiting the amendment suggested by Ms.
Carpeneti.
| Document Name | Date/Time | Subjects |
|---|