03/12/2014 01:30 PM Senate JUDICIARY

         SB 187-CHILD WELFARE; CONFIDENTIAL INFORMATION                                                                     
                                                                                                                                
2:51:20 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  SB 187.  "An  Act  relating  to the  crime  of                                                               
endangering  the  welfare  of  a  child  in  the  second  degree;                                                               
relating  to  the  crime  of  misconduct  involving  confidential                                                               
information in  the first degree; amending  Rule 16(d)(3), Alaska                                                               
Rules  of  Criminal Procedure;  and  providing  for an  effective                                                               
date."  This  was  the  first  hearing.  He  noted  the  proposed                                                               
committee substitute (CS).                                                                                                      
                                                                                                                                
2:51:55 PM                                                                                                                    
SENATOR DYSON  moved to  adopt committee  substitute (CS)  for SB
, labeled 28-LS1145\N, as the working document.                                                                              
                                                                                                                                
CHAIR COGHILL  objected for an  explanation of the  changes found                                                               
in Version N.                                                                                                                   
                                                                                                                                
2:52:17 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  explained  that  the  first  four                                                               
sections of  the original bill were  removed, because endangering                                                               
the  welfare of  a  child  in the  second  degree  is already  in                                                               
statute  as an  aggravator. The  bill now  addresses an  incident                                                               
that  occurred last  year when  an  attorney gave  a defendant  a                                                               
video of an  interview and it ultimately appeared  on YouTube. SB
  provides a  class A  misdemeanor under  misconduct involving                                                               
confidential  information  in the  first  degree  for anyone  who                                                               
distributes  or  publishes  audios  or videos  of  interviews  of                                                               
children  that are  conducted for  criminal and  child protection                                                               
investigations.  It  also  includes distribution  of  photographs                                                               
from medical examinations.                                                                                                      
                                                                                                                                
The rest  of the  bill addresses three  court rules  that include                                                               
that confidentiality  language; two are under  criminal rules and                                                               
one is under  Child in Need of  Aid (CINA). The bill  also has an                                                               
applicability  section and  effective  date. She  noted that  the                                                               
bill  was brought  to Senator  Coghill by  the Alaska  Children's                                                               
Justice Act Task Force.                                                                                                         
                                                                                                                                
SENATOR   WIELECHOWSKI   reviewed   AS   11.41.410-11.41.440   to                                                               
understand what they address.                                                                                                   
                                                                                                                                
MS. MOSS advised  that they address sexual assault  in the first,                                                               
second third, and fourth, degree; and  sexual abuse of a minor in                                                               
the first, second, third, and fourth degree.                                                                                    
                                                                                                                                
SENATOR COGHILL  added that these  are about interviews  in child                                                               
advocacy centers and are videoed so the court has a record.                                                                     
                                                                                                                                
MS. MOSS said  the evidence that is in the  hands of the attorney                                                               
and the  defendant is  allowed to  see the  evidence, but  is not                                                               
allowed to  have physical possession  of the evidence.  Section 2                                                               
provides  exceptions;  with permission  from  the  victim or  the                                                               
minor's parent  or guardian,  the recorded  material may  be used                                                               
for training by law enforcement.                                                                                                
                                                                                                                                
2:56:35 PM                                                                                                                    
SENATOR MCGUIRE  suggested the exception in  Section 2, paragraph                                                               
(C) should be clear that a minor does not consent.                                                                              
                                                                                                                                
MS. MOSS  replied it's  a policy call,  but the  current language                                                               
does say the material may be  released with consent of the parent                                                               
or guardian unless he/she is the perpetrator.                                                                                   
                                                                                                                                
SENATOR MCGUIRE asked the members  to make sure the permission on                                                               
page 2, line  19, sub (ii), doesn't default to  the victim in sub                                                               
(i), if the minor's parent or guardian is the perpetrator.                                                                      
                                                                                                                                
MS.  MOSS suggested  inserting "adult"  on page  2, line  18, sub                                                               
(i), to ensure that only an adult victim could consent.                                                                         
                                                                                                                                
SENATOR MCGUIRE expressed support for the suggestion.                                                                           
                                                                                                                                
CHAIR COGHILL agreed  it would clarify than only  an adult victim                                                               
could consent.                                                                                                                  
                                                                                                                                
2:58:32 PM                                                                                                                    
SENATOR  WIELECHOWSKI directed  attention  to the  court rule  in                                                               
Section   3  and   expressed   concern   that  by   criminalizing                                                               
distribution  an  attorney  who circulates  the  material  within                                                               
his/her  law firm  or gives  the  audio to  secretarial staff  to                                                               
transcribe appears  to have broken  the law. The court  rule says                                                               
that's not the case, but the law in statute reads otherwise.                                                                    
                                                                                                                                
MS. MOSS said she had the same concern.                                                                                         
                                                                                                                                
CHAIR COGHILL marked that as a  point the Department of Law could                                                               
address in a subsequent hearing.                                                                                                
                                                                                                                                
2:59:28 PM                                                                                                                    
SENATOR  WIELECHOWSKI  requested   DOL's  interpretation  of  the                                                               
applicability  section   on  page  5.  It   appears  to  envision                                                               
prosecuting  someone for  conduct  that occurred  before the  law                                                               
goes into effect.                                                                                                               
                                                                                                                                
MS. MOSS offered  her interpretation is that it  would apply upon                                                               
conviction.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  restated his  desire to discuss  the matter                                                               
with DOL.                                                                                                                       
                                                                                                                                
CHAIR  COGHILL suggested  the committee  discuss  on Friday  this                                                               
point and Senator McGuire's question about consent.                                                                             
                                                                                                                                
MS.  MOSS  noted  that  the  other  concern  was  tightening  the                                                               
language on page 3, line 30 through page 4, line 3.                                                                             
                                                                                                                                
3:01:05 PM                                                                                                                    
CHAIR  COGHILL stated  he  would  hold SB  187  in committee  for                                                               
further consideration.