03/17/2014 01:30 PM Senate JUDICIARY

         SB 187-CHILD WELFARE; CONFIDENTIAL INFORMATION                                                                     
                                                                                                                                
1:33:53 PM                                                                                                                    
CHAIR  COGHILL 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 second hearing on the bill.                                                                    
                                                                                                                                
CHAIR COGHILL removed the objection  he stated during the 3/12/14                                                               
hearing. Finding no further objection, Version N was adopted.                                                                   
                                                                                                                                
1:34:36 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature, Juneau,  Alaska, provided information related  to SB
  on  behalf  of  the  sponsor. She  noted  that  she  had  an                                                               
amendment prepared to address the  concerns that Senators McGuire                                                               
and Wielechowski expressed during the previous hearing.                                                                         
                                                                                                                                
1:35:23 PM                                                                                                                    
SENATOR DYSON moved to adopt Amendment 1, labeled 28-LS1145\N.1.                                                                
                                                                                                                                
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  CSSB 187(   ), Draft Version "N"                                                                                 
                                                                                                                                
     Page 2, line 17:                                                                                                           
          Delete "the"                                                                                                          
                                                                                                                                
     Page 2, line 18:                                                                                                           
          Delete "victim"                                                                                                       
          Insert "an adult victim or a minor victim for                                                                         
      whom the disabilities of minority have been removed                                                                       
     for general purposes under AS 09.55.590"                                                                                   
                                                                                                                                
     Page 2, line 19, following "(ii)":                                                                                         
          Insert "a"                                                                                                            
                                                                                                                                
     Page 5, line 2:                                                                                                            
          Delete "another person"                                                                                               
          Insert "a party's expert witness"                                                                                     
                                                                                                                                
     Page 5, line 9:                                                                                                            
          Delete "This Act applies"                                                                                             
          Insert "(a) Sections 1 and 2 of this Act apply to                                                                     
      offenses committed on or after the effective date of                                                                      
     this Act.                                                                                                                  
          (b) Sections 3 - 5 of this Act apply"                                                                                 
                                                                                                                                
MS. MOSS  explained that  the amendment takes  care of  a concern                                                               
that Senator McGuire had that by  default, if there was no parent                                                               
or  guardian, there  would be  a  situation where  a minor  could                                                               
release confidential information. It  also addresses a concern by                                                               
Senator Wielechowski  about broad access to  the information, and                                                               
allows expert  witnesses access to confidential  information. The                                                               
final provision  of the amendment addresses  the applicability of                                                               
the  bill and  divides it  into two  parts; applicability  to the                                                               
crime and charges  committed on or after the  effective date, and                                                               
the   applicability  of   confidential  information   in  ongoing                                                               
criminal proceedings.                                                                                                           
                                                                                                                              
CHAIR COGHILL removed his objection  and Amendment 1 was adopted.                                                             
Finding no questions or comment, he solicited a motion.                                                                         
                                                                                                                                
1:38:01 PM                                                                                                                    
SENATOR DYSON  moved to report  CS for  SB 187, as  amended, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL announced  that without  objection, CSSB  187(JUD)                                                               
was reported from the Senate Judiciary Standing Committee.