03/25/1998 02:25 PM Senate JUD

                                                                               
              SB 295 - LURING OR ENTICING A CHILD                              
                                                                               
                                                                               
SENATOR PARNELL, sponsor of SB 295, said the bill has two goals;               
first to provide an additional tool for law enforcement and second,            
to codify the role of the Department of Family and Youth Services              
(DFYS). SENATOR PARNELL stated that section one of the bill creates            
a crime of luring or enticing a child under 12 into a building,                
dwelling or vehicle for an unlawful purpose. This section gives the            
prosecution another tool in fighting crime and can be especially               
helpful in charging people of crimes against children. SENATOR                 
PARNELL said the bill will allow for law enforcement to be the lead            
agency in any criminal investigation, though DFYS will still be the            
main point of contact for any reports of abuse or neglect of                   
children.                                                                      
                                                                               
MS. ANNE CARPENETI, representing the Department of Law, Criminal               
Division, remarked that the intent of the bill is good but her                 
department has a few concerns, beginning with the broad scope of               
the bill. MS. CARPENETI said the act that is prohibited may be                 
overly vague and could be tough to prove. MS. CARPENETI also                   
commented that the affirmative defense laid out in paragraph C is              
unnecessary and she recommends it be deleted. CHAIRMAN TAYLOR asked            
if MS. CARPENETI had any other recommendations and she replied that            
the committee may consider making the crime a C felony rather than             
a B felony, as it is likely to cover less serious offenses than                
attempted kidnaping and related crimes.                                        
                                                                               
Number 100                                                                     
                                                                               
SENATOR PARNELL asked if there are cases that this statute would               
cover and MS. CARPENETI replied that there may be a few, but if                
they could not prosecute another type of crime, they would not                 
likely be able to prosecute this crime.                                        
                                                                               
SENATOR PARNELL stated that the bill seemed most beneficial as a               
bargaining tool and MS. CARPENETI replied "possibly". SENATOR                  
PARNELL asked if it could help police get a warrant and again MS.              
CARPENETI thought it might, restating her point that it would be               
better as a C felony.                                                          
                                                                               
MR. DUANE UDLAND, Chief of the Anchorage Police Department (APD),              
agreed with MS. CARPENETI's suggestion to change this to a class C             
felony, which he feels is more appropriate. CHIEF UDLAND also                  
suggested that the committee might choose to adopt an amendment to             
register people who commit this crime as sex offenders, as sex is              
the object in most of these crimes. SENATOR PARNELL asked if he                
recommended that anyone convicted of this crime should be required             
register. CHIEF UDLAND replied yes, saying it may, however, be                 
difficult to prove a sexual motive.                                            
                                                                               
MR. CHRIS STOCKARD, representing the Department of Public Safety,              
agreed with the Chief and MS. CARPENETI  about changing this to a              
C felony. He said the department is neutral on section two; the                
department has good relationships and protocols currently in place,            
but has no objection to this section as long as there is no                    
intention for the police to take over the lead role in any non-                
criminal screening procedures. SENATOR PARNELL said the intent is              
clearly to give the police the lead role only in criminal                      
investigations due to their superior training and interview                    
techniques.                                                                    
                                                                               
MS. SUSAN WICKER, representing the Department of Health, Education             
and Social Services (DHESS) for the Department of Law, agreed with             
the comments of MR. STOCKARD and noted that current statute                    
requires the automatic reporting of any actual or suspected abuse              
of children to DHESS. MS. WICKER also restated that there are                  
cooperative protocols between  police and DHESS that ensure that               
law enforcement takes the lead in criminal cases and, in dual                  
investigations, both departments jointly conduct a videotaped                  
interview where it is possible. She concluded that this is already             
being done and the law is unnecessary.                                         
                                                                               
CHAIRMAN TAYLOR moved to delete all of paragraph C and its                     
subparts, and change the felony from class B to a class C. SENATOR             
PARNELL stated he had no objection to this and was doing it on the             
advice form the Department of Law that these things are already                
covered in current law. Without objection, it was so ordered.                  
                                                                               
CHAIRMAN TAYLOR commented that he shared MS. CARPENETI's concerns              
about the broad scope of the legislation.                                      
                                                                               
SENATOR MILLER moved CSSB 295 (JUD) out of committee with                      
individual recommendations. Without objection, it was so ordered.