Legislature(2005 - 2006)CAPITOL 120
03/23/2005 08:00 AM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Chief Administrative Law Judge | |
| HB187 || HB188 | |
| HB91 | |
| HB219 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 91 | TELECONFERENCED | |
| *+ | HB 219 | TELECONFERENCED | |
| += | HB 187 | TELECONFERENCED | |
| += | HB 188 | TELECONFERENCED | |
HB 91 - INDECENT EXPOSURE TO MINORS 8:12:13 AM CHAIR McGUIRE announced that the next order of business would be HOUSE BILL NO. 91, "An Act relating to indecent exposure." REPRESENTATIVE COGHILL, speaking as the sponsor, relayed that he would be having one of his staff members give the introduction to HB 91, which was engendered by a situation wherein someone exposing himself to a minor "plea bargained" down to a misdemeanor. 8:13:30 AM KAREN LIDSTER, Staff to Representative John Coghill, Alaska State Legislature, sponsor, on behalf of Representative Coghill, paraphrased from the sponsor statement, which read [original punctuation provided]: Several young girls in Delta Junction were subjected to a man exposing himself to them in the parking lot of a local store last summer. He was apprehended and arrested. In a background check it was reported that he had a prior conviction of a similar incident in Arizona. A customer noticed the man following a little six-year-old girl and began to follow him. He followed the girl to the toy section and pulled his pants down. The customer contacted store officials, the police were called, and the man was arrested. The police report stated he matched the description of a man reported for the same activity several times but they could never catch him. In the Delta Junction incident, the local magistrate charged him with three felonies but because of the circumstances, he could not be convicted of a felony. He plea-bargained down to one misdemeanor. Children are more vulnerable and innocent than adults and children fall prey to sex offender more easily than adults. This legislation makes repeat convictions of indecent exposure within the observation of a person under the age of sixteen a felony. MS. LIDSTER explained that HB 91 adds the following language to AS 11.41.458(a): "(2) the offender has been previously convicted under this section or AS 11.41.460(a) or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section or AS 11.41.460(a)". CHAIR McGUIRE, referring to a recently publicized crime that occurred in Florida involving the murder of a young girl, noted that the perpetrator's "gateway crime" was indecent exposure, and noted that she'd heard the view expressed that someone should have anticipated the kind of crime the perpetrator's behavior was leading up to. She also referred to testimony provided during the Department of Corrections' presentation regarding the containment model that illustrated that those who engage in the crime of indecent exposure get a great deal of gratification out of their behavior and are therefore very likely to repeat it as well as very likely to engage in more serious deviant behavior. MS. LIDSTER, noting that she is the grandmother of a young boy, said that she views HB 91 as very important legislation. REPRESENTATIVE COGHILL noted that AS 11.41.460(a), which is referenced in the new language being proposed via HB 91, reads: Sec. 11.41.460. Indecent exposure in the second degree. (a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have. (b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor. REPRESENTATIVE COGHILL said that HB 91 will make that behavior a felony crime if the person has previously been convicted of that behavior. He relayed that he doesn't typically enjoy ratcheting up crimes to the felony level, but this crime seem to warrant such a change. 8:18:43 AM DEBBIE JOSLIN said she was sorry to have to testify on HB 91, but it was her children, ages two and seven, who the aforementioned man exposed himself to. She went on to describe the incident, and noted that because the man's hand never touched his genitals, his behavior did not constitute masturbation and so he was only convicted of a misdemeanor even though he'd been engaging in similar behavior for some time. Ms. Joslin mentioned that her two-year-old is still afraid to go back to the place where the incident took place, and pointed out that her children are not going to be able to easily rid themselves of the picture that man presented while engaging in that behavior. She noted that another man in Fairbanks who was engaging in similar behavior was out purposely looking for children in front of whom to commit his acts. She said that she, too, is now aware that the man who committed the murder of the young girl in Florida had been previously convicted of indecent exposure to children. Such behavior should be a red flag that such individuals have even more heinous crimes in mind for the future. In conclusion, she opined that the behavior addressed by HB 91 should be made a felony crime because robbing a child of his/her innocence is such a serious matter. CHAIR McGUIRE asked whether it was brought up at trial that the man had been convicted in the past. MS. JOSLIN said yes, but added that when he was convicted in Arizona, he only had to get counseling; when convicted in Alaska, counseling was ordered again. She said she is not against having the man get counseling, but offered her belief that this is a crime that deserves some real punishment. She went on to say: I was told that I was overreacting, that I should ratchet it down and stay more calm about this. In fact, the [district attorney's] office told me that I should just explain to my children that some people do naughty things. But I haven't come to the [district attorney's] office or to this legislature ... for advice on how to parent my children. I'm asking you to help me ... explain to them why should a man walk away free after he's done that to little kids. And that's the thing I had trouble explaining to them. So I would just ask for you to consider passing this bill; I think it's very important, and I think that the State of Alaska needs to take a very dim view of this kind of activity. 8:22:51 AM REPRESENTATIVE GARA offered his view that the bill seems fairly tailored and fine as written. TAMARA de LUCIA, Associate Victims' Rights Advocate, Office of Victims' Rights (OVR), Alaska State Legislature, relayed that the OVR worked on the aforementioned case, which engendered HB 91. Noting that the offender had previous convictions for indecent exposure in another jurisdiction, she relayed that in the Alaska case, the actual conduct did not qualify for felony level conduct because the law at that time was very particular with regard to what conduct constituted a felony, even though the individual was increasing his predatory conduct and was clearly a danger to the community. The concept of increasing a penalty to a felony for committing more than once what would otherwise be a misdemeanor offense is not unique in Alaska. She opined that a misdemeanor conviction for indecent exposure to a minor does not provide enough of a penalty, particularly in situations where the sexual predator has a history of sexual offenses. Research has shown that such offenders do ratchet up their offenses and will continue to increase their predatory conduct, particularly when children are involved; children are a very vulnerable population that should be protected. She urged the body to pass HB 91. 8:25:19 AM ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law (DOL), said that the DOL supports HB 91. However, she added, she has noticed that a technical change might be in order so as to have [those with multiple convictions for indecent exposure] covered under the sex offender registration statute; to accomplish this, she suggested the bill also alter AS 12.63.100(6)(C)(iv) so as to include those convicted under proposed AS 11.41.458(a)(2). Such a change will ensure that anyone who is convicted of indecent exposure when they have prior convictions, regardless of the age of the victim, will have to register as a sex offender. REPRESENTATIVE ANDERSON made a motion to adopt Conceptual amendment 1, to add the crime outlined under proposed AS 11.41.458(a)(2) to AS 12.63.100(6)(C)(iv). CHAIR McGUIRE asked whether there were any objections to Conceptual Amendment 1. REPRESENTATIVE COGHILL said he doesn't have any objections to Conceptual Amendment 1, but does wonder, though he thinks it unlikely, whether it will have a fiscal impact. CHAIR McGUIRE, after ascertaining that there were no objections, announced that Conceptual Amendment 1 was adopted. 8:27:08 AM CHAIR McGUIRE, after ascertaining that no one else wished to testify, closed public testimony on HB 91. REPRESENTATIVE DAHLSTROM moved to report HB 91, as amended, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSHB 91(JUD) was reported from the House Judiciary Standing Committee.
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