03/05/2013 01:30 PM Senate JUDICIARY

        SB  22-CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                     
                                                                                                                                
2:00:32 PM                                                                                                                    
CHAIR  COGHILL  announced  the   consideration  of  SB  22.  [The                                                               
committee treated  draft version N  as the working  document.] He                                                               
noted  there  were  three  amendments, the  first  of  which  was                                                               
conforming.                                                                                                                     
                                                                                                                                
CHAIR COGHILL moved Amendment 1, labeled 28-GS1587\N.2.                                                                         
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR COGHILL                                                                      
     TO: CSSB 22(JUD), Draft Version "N"                                                                                        
                                                                                                                                
                                                                                                                                
     Page 2, line 14, following "Procedure,":                                                                                   
          Insert "and"                                                                                                          
                                                                                                                                
     Page 2, line l5:                                                                                                           
          Delete ", and Rule 216, Alaska Rules of Appellate                                                                     
     Procedure"                                                                                                                 
                                                                                                                                
     Page 21, line 31, through page 22, line 15:                                                                                
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 23, line 5:                                                                                                           
          Delete "sec. 44"                                                                                                      
          Insert "sec. 42"                                                                                                      
                                                                                                                                
2:01:06 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Legal Services  Section, Department  of Law (DOL),  affirmed that                                                               
the court rule  amendments were no longer  necessary, because the                                                               
immunity sections were removed in a prior amendment.                                                                            
                                                                                                                                
CHAIR COGHILL  announced that without objection,  Amendment 1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
SENATOR  MCGUIRE explained  that  Amendment  2 addresses  Senator                                                               
Dyson's concerns  about requiring  volunteer athletic  coaches to                                                               
be mandatory reporters.                                                                                                         
                                                                                                                                
SENATOR  MCGUIRE moved  [Conceptual] Amendment  2, identified  as                                                               
N.4.                                                                                                                            
                                                                                                                                
                     CONCEPTUAL AMENDMENT 2                                                                                 
                                                                                                                                
     OFFERED IN THE SENATE              SENATOR MCGUIRE                                                                         
     TO: CSSB 22(JUD), Draft Version "N"                                                                                        
                                                                                                                                
     Page 19, following line 22:                                                                                                
          Insert a new bill section to read:                                                                                    
      "*Sec. 37. AS 47.17.020 is amended by adding a new                                                                      
     subsection to read:                                                                                                        
             (j) This section does not require an athletic                                                                      
        coach who is an unpaid volunteer to report child                                                                        
        abuse or neglect under (a)(9) of this section unless                                                                    
        the coach                                                                                                               
               (1) volunteers for more than                                                                                     
                    (A) four hours a week for four                                                                              
        consecutive weeks; or                                                                                                   
                    (B) 20 hours a week in a one-month                                                                          
        period;                                                                                                                 
               (2) has received the training required under                                                                     
        AS 47.17.022; and                                                                                                       
               (3) has signed a form acknowledging that the                                                                     
        coach is required to report child abuse or neglect                                                                      
        under this section."                                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
2:06:10 PM                                                                                                                    
MS.  CARPENETI   stated  that  DOL  supports   volunteer  coaches                                                               
reporting under  all circumstances  so this  is a  compromise the                                                               
department  can  support  given   the  fact  that  the  committee                                                               
previously  decided to  eliminate the  requirement all  together.                                                               
She noted that  the amendment was conceptual and  she was willing                                                               
to  work with  whomever to  change  what is  in the  bill now  to                                                               
reflect these changes.                                                                                                          
                                                                                                                                
CHAIR  COGHILL  announced  that  without  objection,  [Conceptual                                                               
Amendment 2 is adopted].                                                                                                        
                                                                                                                                
2:07:33 PM                                                                                                                    
CHAIR COGHILL moved Amendment 3, labeled 28-GS1587\N.3                                                                          
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO: CSSB 22(JUD), Draft Version "N"                                                                                        
                                                                                                                                
     Page 15, line 22:                                                                                                          
          Delete "compliance with AS 12.55.025(a)(5)"                                                                           
          Insert "consideration of victims"                                                                                     
                                                                                                                                
     Page 15, line 23, following "offenses":                                                                                    
          Insert "where the offenses involve victims"                                                                           
                                                                                                                                
SENATOR MCGUIRE objected for discussion purposes.                                                                               
                                                                                                                                
CHAIR  COGHILL  explained  that  the  amendment  is  intended  to                                                               
address  a  concern  the  Court  System  has  regarding  Judicial                                                               
Council reports in election pamphlets  on judge's compliance with                                                               
certain statutory  provisions when imposing sentences  for felony                                                               
offenses that involve victims.                                                                                                  
                                                                                                                                
2:08:27 PM                                                                                                                    
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative Director,  Alaska Court  System, stated  that                                                               
the proposed amendment  is a compromise the Court  System and DOL                                                               
agreed  upon, and  the Judicial  Council has  acknowledged it  is                                                               
doable.  She summarized  that this  means that  the council  will                                                               
report on how  judges comply with the obligation  to consider the                                                               
impact on the victim.                                                                                                           
                                                                                                                                
SENATOR MCGUIRE removed her objection.                                                                                          
                                                                                                                                
CHAIR COGHILL  announced that without  objection, Amendment  3 is                                                               
adopted.                                                                                                                        
                                                                                                                                
He asked the will of the committee.                                                                                             
                                                                                                                                
2:10:56 PM                                                                                                                    
SENATOR MCGUIRE  moved to  report CS  for SB  22, [version  N] as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal notes.                                                                                                          
                                                                                                                                
CHAIR  COGHILL announced  that  without  objection, CSSB  22(JUD)                                                               
moved from the Senate Judiciary Standing Committee.