Legislature(2011 - 2012)SENATE FINANCE 532
04/02/2012 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB100 | |
| SB159 | |
| SB151 | |
| SB226 | |
| SB179 | |
| SB210 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 100 | TELECONFERENCED | |
| + | SB 159 | TELECONFERENCED | |
| + | SB 151 | TELECONFERENCED | |
| *+ | SB 226 | TELECONFERENCED | |
| + | SB 179 | TELECONFERENCED | |
| + | SB 210 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | SB 221 | TELECONFERENCED | |
| *+ | SCR 24 | TELECONFERENCED | |
| += | SB 192 | TELECONFERENCED | |
SENATE BILL NO. 210
"An Act relating to crimes against children;
establishing a new aggravating factor at sentencing in
certain crimes against children; relating to criminal
nonsupport; adding to the list of crimes against
children that bar the Department of Public Safety from
issuing to a person a license to drive a school bus;
adding an exception to a provision that requires the
Department of Health and Social Services to make
timely, reasonable efforts to provide family support
services to prevent out-of-home placement of a child;
and providing for an effective date."
10:20:39 AM
Senator McGuire introduced SB 210. She referred to the
Sponsor Statement (copy on file).
On February 8, 2012 the Children's Justice Task Force
(CJA) a federally-mandated, state-wide
multidisciplinary group presented their findings to
the Joint Senate Judiciary and HESS Committees with
their system recommendations for improvement through
criminal legislation. I became aware through this
presentation, research, and other important
conversations that we have shortcomings in the current
criminal laws regarding the prosecution of harm to
children.
Those that suffer from these short comings are
Alaska's children and the numbers are staggering. In
2008, approximately 12,400 children were likely
victims of at least one incident of maltreatment,
which breaks down to 34 children per day. In the
instance of a child death, 1 out of every 5 was
related to maltreatment.
SB 210 works with the recommendations from CJA to
create tougher penalties on crimes committed against a
child. The bill will create increased criminal
liability for assaults to children by modifying the
current definition of "serious physical injury" and
increases penalties when a parent intentionally
withholds adequate food or liquids.
Together, the Legislature can assist our future
generations by providing them with laws that protect
their rights and create safer communities for their
growth and development.
Co-Chair Stedman noted three fiscal notes from DOA; one
zero fiscal note from the Division of Motor Vehicles; two
indeterminate fiscal notes from the Office of Public
Advocacy and Public Defenders Agency; one zero fiscal note
from DPS; and three indeterminate fiscal notes from DOL,
DOC, and the Alaska Court System.
ANNIE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
stated that the additional paragraph to the definition of
"serious physical injury", which had been in statute since
1978, was in addition to the other provisions.
10:26:09 AM
DR. CATHY BALDWIN-JOHNSON, ALASKA CHILDREN'S JUSTICE TASK
FORCE, ANCHORAGE, testified in support of SB 210. She
stated that the Children's Justice Task Force was charged
with evaluating how the state system responds to concerns
about child abuse, and made recommendations to improve the
system. She remarked that the current serious injury
physical injury definition for felony prosecution required
"risk of death" or "serious and protracted disfigurement";
"multiple episodes" or "need for medical diagnoses or
treatment." She felt that many children's cases fell
through the cracks under that definition, because often
serious harms to children were not prosecuted as felonies.
She stressed that children have an incredible capacity for
high trauma and healing. Those children may require an
extensive trauma evaluation, but not actual medical
treatment, because an infant or toddler cannot verbalize
the abuse. She added that there should be more than a
misdemeanor charge for those that intentionally starve
children.
Co-Chair Hoffman wondered what the age issues were
regarding sexual abuse. Ms. Carpeneti replied that the bill
addressed physical abuse. She furthered that sexual abuse
of a minor was adequately dealt with in another chapter of
the statute.
Senator McGuire invited amendments from the committee
members.
SB 210 was HEARD and HELD in committee for further
consideration.
Co-Chair Stedman discussed the afternoon's agenda. He
remarked that a committee substitute was currently getting
drafted from SB 192.