05/06/1998 04:35 PM House FIN

SENATE BILL NO. 323                                                            
                                                                               
"An Act relating to sexual offenses, to those who                              
commit sexual offenses, and to registration of sex                             
offenders; amending Rule 6(r)(2), Alaska Rules of                              
Criminal Procedure; and providing for an effective                             
date."                                                                         
                                                                               
OFFICIER GLEN KLINKHARD, (TESTIFIED VIA TELECONFERENCE),                       
ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, testified in                           
support of the legislation.  He commented that in the last                     
year, the Anchorage Police Department has found many people                    
participating in child pornography on Internet.  The                           
legislation has been written to address the experiences of                     
the law enforcement and police officers throughout the                         
State.  Officer Klinkhard stressed that the penalties are                      
not keeping up with the technology.                                            
                                                                               
Representative Martin questioned why the State should                          
address a federal government responsibility.  Mr. Klinkhard                    
replied that many Alaskans and citizens of other states                        
have realized that this is "child abuse" and that the                          
penalties should be more severe.  He pointed out that the                      
proposed legislation would put Alaska in line with what is                     
occurring throughout the rest of the country.  The federal                     
government is not willing or able to address all the cases                     
which exist.                                                                   
                                                                               
Representative Martin asked if there were other states                         
which do not have laws covering the distribution of child                      
pornography.  Mr. Klinkhard replied that most fall under                       
the decency act which would range from a misdemeanor to a                      
felony depending on the criteria.                                              
                                                                               
Representative Mulder reiterated that the proposed law                         
would more clearly define the "intent to distribute" than                      
what currently exists in federal law.  Mr. Klinkhard                           
agreed, pointing out that State law more clearly defines                       
the difference between "for personal use" and "for                             
distribution".  Mr. Klinkhard noted that now there is                          
access to large quantities, which are being traded.  In                        
summary, he stated that stopping child pornography in some                     
cases has accomplished stopping sexual abuse of children.                      
                                                                               
Representative Mulder spoke to the large number of pieces                      
collected and the degree of "unbalance" that trends                            
indicates.  Mr. Klinkhard added, the larger the number of                      
materials collected, often indicates that the "collecting"                     
no longer brings "joy" for the perpetrator.  Representative                    
J. Davies inquired as to the prevention effort of child                        
pornographic materials distributed on the Internet.  Mr.                       
Klinkhard remarked that officers now are trying to track                       
the details of supply and demand.                                              
                                                                               
Representative G. Davis asked when "possession" would be                       
classified as a felony.  Mr. Klinkhard explained that the                      
classification would change if a person was knowingly                          
keeping and accumulating material.  The unwritten rule is                      
that more than 3 pieces of material must exist to show a                       
jury.                                                                          
                                                                               
KRISTIE TIBBLES, STAFF, SENATOR DRUE PEARCE, commented that                    
Senator Pearce had requested consideration of Amendment #3.                    
[Copy on File].  The language of the amendment conforms to                     
language contained in HB 375.  Co-Chair Therriault MOVED to                    
adopt Amendment #3.  There being NO OBJECTION, it was                          
adopted.                                                                       
                                                                               
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF                      
LAW, spoke to Amendment #2, previously adopted in Committee                    
on Page 3, Line 2, the insertion of "knowingly", which                         
describes the level of crime.  Ms. Carpeneti pointed out                       
that the substantive section already includes the "knowing"                    
and would not be necessary in Section #7.  The other                           
statutory location of the language is AS 11.61.127, the                        
Possession of Child Pornography.  She stated that to place                     
"knowingly" in that section was not helpful.                                   
                                                                               
Representative J. Davies stated that he would support                          
changing it to a conceptual amendment and placing it in the                    
proper section.  Representative Kelly understood that                          
possession equaled "knowingly".  Ms. Carpeneti replied that                    
was not necessarily true.  Representative J. Davies                            
indicated that he would be more comfortable including                          
language to address that specific concern.  Ms. Carpeneti                      
recommended that the proper placement would be AS                              
11.61.127(a), a provision which is not included in the                         
bill.                                                                          
                                                                               
Co-Chair Therriault MOVED to RESCIND action on Amendment                       
Representative J. Davies WITHDREW Amendment #2.  There                         
being NO OBJECTION, it was withdrawn.                                          
                                                                               
Representative J. Davies MOVED the new version of Amendment                    
new statute referenced by Ms. Carpeneti.  There being NO                       
OBJECTION, the amendment was adopted.                                          
                                                                               
Representative Martin MOVED to report HCS CS SB 323 (FIN)                      
out of Committee with individual recommendations and with                      
the accompanying fiscal notes.  There being NO OBJECTION,                      
it was so ordered.                                                             
                                                                               
HCS CS SB 323 (FIN) was reported out of Committee with a                       
"do pass" recommendation and with a fiscal note by the                         
Department of Corrections and a note by the Department of                      
Administration dated 3/12/98.