03/07/2014 01:30 PM Senate JUDICIARY

                   SB 128-ELECTRONIC BULLYING                                                                               
                                                                                                                                
1:55:13 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the   meeting   and  announced   the                                                              
consideration  of  SB  128.  "An  Act relating  to  the  crime  of                                                              
harassment."  This  was the  third  hearing and  there  was a  new                                                              
committee substitute (CS).                                                                                                      
                                                                                                                                
1:55:51 PM                                                                                                                    
SENATOR DYSON moved  to adopt CS for SB 128,  labeled 28-LS1001\I,                                                              
as the working document.                                                                                                        
                                                                                                                                
1:56:08 PM                                                                                                                    
EDRA   MORLEDGE,  Staff,   Senator  Kevin   Meyer,  Alaska   State                                                              
Legislature, Juneau,  Alaska, sponsor of SB 128,  said the changes                                                              
found  in the  CS are  designed  to address  the concerns  brought                                                              
forward  in the  last  two hearings.  On page  2,  lines 3-6,  the                                                              
language in paragraph (7) now reads:                                                                                            
                                                                                                                                
     (7)  repeatedly   sends  or   publishes  an   electronic                                                               
     communication  that  insults,   taunts,  challenges,  or                                                                   
     intimidates a  person under 18 years of age  in a manner                                                                   
     that places  the person in  reasonable fear  of physical                                                                   
     injury.                                                                                                                    
                                                                                                                                
The  term   "repeatedly"  was  inserted   to  show  the   act  was                                                              
deliberate  and "or publishes"  was added  to include  postings to                                                              
social  media  sites. This  version  does  not talk  about  severe                                                              
mental or emotional  injury or significant damage  to the person's                                                              
property (found  in previous versions  A and P) because  the limit                                                              
was ambiguous. It  could be a pencil, a school locker,  or car. It                                                              
could also overlap with a criminal mischief statute.                                                                            
                                                                                                                                
CHAIR COGHILL  asked Ms.  Carpeneti to  provide the Department  of                                                              
Law's perspective.                                                                                                              
                                                                                                                                
1:59:03 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney  General, Criminal  Division,                                                              
Legal Services  Section, Department  of Law, Juneau,  Alaska, said                                                              
this  version  is an  improvement  although  it probably  will  be                                                              
challenged if it's used in a prosecution.                                                                                       
                                                                                                                                
SENATOR DYSON asked if [Sec. 11.61.120] applies to minors.                                                                      
                                                                                                                                
MS. CARPENETI  clarified  that the harassment  statute applies  to                                                              
all victims,  but the new  paragraph (7) would apply  specifically                                                              
to minor victims.                                                                                                               
                                                                                                                                
2:00:50 PM                                                                                                                    
SENATOR DYSON  noted that he asked  the sponsor about  having this                                                              
also apply to people with disabilities.                                                                                         
                                                                                                                                
MS.  MORLEDGE  responded  that the  drafting  attorney  issued  an                                                              
opinion that the  harassment, stalking, and theft  statutes do not                                                              
specifically   protect   people   with   disabilities,   but   the                                                              
vulnerability  of the  victim will  likely be  a consideration  in                                                              
sentencing. She noted that the legal memo was in the packets.                                                                   
                                                                                                                                
SENATOR DYSON  asked the sequence of  events that would  lead to a                                                              
prosecution under the new [paragraph (7)].                                                                                      
                                                                                                                                
MS. CARPENETI said  she imagines it would be a call  to the police                                                              
or a complaint reported in school.                                                                                              
                                                                                                                                
SENATOR DYSON asked if a child could make a report directly.                                                                    
                                                                                                                                
MS. CARPENETI said they could.                                                                                                  
                                                                                                                                
SENATOR  DYSON commented  that he  wasn't sure  this was the  best                                                              
approach  because there  could be  spurious  reports. He  surmised                                                              
that if there  was a suicide, an investigating  officer would look                                                              
at  electronic   communications  even  if  there   hadn't  been  a                                                              
complaint.                                                                                                                      
                                                                                                                                
MS. CARPENETI agreed.                                                                                                           
                                                                                                                                
SENATOR DYSON  suspected that  these cases  would be difficult  to                                                              
prove.                                                                                                                          
                                                                                                                                
MS. CARPENETI  agreed and  noted that  the harassment  statute had                                                              
been used successfully  in other circumstances since  the criminal                                                              
code was adopted in the late 1970s.                                                                                             
                                                                                                                                
CHAIR COGHILL removed his objection and Version I was adopted.                                                                  
                                                                                                                                
2:05:17 PM                                                                                                                    
SENATOR  DYSON moved  to report  CS for  SB 128,  Version I,  from                                                              
committee  with  individual recommendations  and  attached  fiscal                                                              
note(s).                                                                                                                        
                                                                                                                                
2:05:44 PM                                                                                                                    
CHAIR  COGHILL  announced  that without  objection  CSSB  128(JUD)                                                              
moved from the Senate Judiciary Standing Committee.