03/28/2000 03:11 PM House HES

HB 270 - SEX ASSAULT & SEXUAL ABUSE                                                                                           
                                                                                                                                
Number 0041                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  announced the first  order of business  as Sponsor                                                              
Substitute  for House  Bill No. 270,  "An Act  relating to  sexual                                                              
assault and sexual  abuse and to payment for  certain examinations                                                              
in cases of alleged sexual assault or sexual abuse."                                                                            
                                                                                                                                
[Before the committee was CSSSHB  270(STA).  Instead of containing                                                              
that  bill  version, however,  committee  packets  contained  work                                                              
draft Version  M, 1-LS1108\M,  Luckhaupt,  2/25/00.  In  addition,                                                              
proposed  amendments  were  marked  "CSHB  270(HESS)."    However,                                                              
Version M  was the same work  draft already adopted and  moved out                                                              
of  the House  State  Affairs  Standing  Committee on  3/09/00  as                                                              
CSSSHB 270(STA).]                                                                                                               
                                                                                                                                
Number 0128                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ERIC CROFT, Alaska  State Legislature,  sponsor of                                                              
SSHB  270,  came  forward  to  testify.    He  reported  that  he,                                                              
Representative  Brice  and  law enforcement  had  all  spent  time                                                              
trying  to  craft  language  that   would  cover  examinations  of                                                              
children, but  they failed.   The  larger distinction is  somebody                                                              
who knows what happened to them and  can make a conscious decision                                                              
whether to participate  in a prosecution or not;  with children it                                                              
is  fundamentally   different.     He  suggested  that   SSHB  270                                                              
concentrate  on what  what is known,  which is  an adult,  however                                                              
defined,  cannot be charged  for these  exams.   He is willing  to                                                              
work on  the complicated  issue of  children later.   He  does not                                                              
mean to  authorize general  requirement  of payment from  children                                                              
victims by saying adults cannot be  charged.  He said, "It doesn't                                                              
mean wholesale, charge all the kids.   It does mean there are good                                                              
programs out there that I don't mean to disturb."                                                                               
                                                                                                                                
Number 0430                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion to adopt  Amendment 1, which                                                              
read:                                                                                                                           
                                                                                                                                
     Page 1, line 6:                                                                                                            
     Delete "an adult" and insert "a";                                                                                          
                                                                                                                                
     Page 1, line 6:                                                                                                            
     After the words "victim of sexual assault under AS 11.41.410                                                               
-  11.41.425", insert "who is 16 years of age or older".                                                                        
                                                                                                                                
Number 0627                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN  objected for  purposes of discussion.   He                                                              
expressed concern  about 16- and 17-year-olds being  classified as                                                              
adults because in other areas of  statute, they are not considered                                                              
adults.  He  understands that the  age of 18 is the  benchmark for                                                              
becoming independent.                                                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL  said that was a point well  taken.  He did                                                              
not intend  to classify  16- and  17-year-olds  as adults but  was                                                              
just  including  them  in  this.    There  are  times  when  their                                                              
consenting  is under  adult statutes,  but  he did  not intend  to                                                              
assert that at all.                                                                                                             
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Representative  Coghill why he didn't                                                              
say 18 instead of 16.                                                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL  noted, for example, that  emancipation can                                                              
be done at  age 16.  There are  other statutes where 16  is a time                                                              
that  certain choices  are made.   It  was thought  that under  16                                                              
would get  into other child  laws that age  16 quite often  is the                                                              
"stepping-out place of."                                                                                                        
                                                                                                                                
Number 0776                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN noted that  there is  a waiver for  16-year-                                                              
olds for heinous crimes; they are moved up to adult court.                                                                      
                                                                                                                                
REPRESENTATIVE  CROFT  said  in  the "sexual  abuse  of  a  minor"                                                              
statutes there  are various provisions  in which 16 is the  age of                                                              
consent.   He believes  the amendment  does no  harm, and  it does                                                              
some good to this limited bill.  He has no objection to it.                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN withdrew his objection.                                                                                  
                                                                                                                                
CHAIRMAN DYSON  announced that Amendment  1 was adopted  since the                                                              
objection was withdrawn.                                                                                                        
                                                                                                                                
Number 0948                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN made  a motion  to move  CSSSHB 270  [CSSSHB
(STA)],   as  amended,   out  of   committee  with   individual                                                              
recommendations and  zero fiscal note.  There  being no objection,                                                              
CSSSHB 270(HES) moved from the House  Health, Education and Social                                                              
Services Standing Committee.