Legislature(2009 - 2010)CAPITOL 120

02/01/2010 01:00 PM House JUDICIARY


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01:07:29 PM Start
01:07:44 PM HB298
03:08:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 298 SEX OFFENSES; OFFENDER REGIS.; SENTENCING TELECONFERENCED
Heard & Held
       HB 298 - SEX OFFENSES; OFFENDER REGIS.; SENTENCING                                                                   
                                                                                                                                
1:14:17 PM                                                                                                                    
                                                                                                                                
[CHAIR RAMRAS  announced that  the only  other order  of business                                                               
would be  HOUSE BILL NO. 298,  "An Act relating to  the crimes of                                                               
harassment, possession of child  pornography, and distribution of                                                               
indecent material  to a minor; relating  to suspending imposition                                                               
of sentence  and conditions  of probation  or parole  for certain                                                               
sex  offenses; relating  to  aggravating  factors in  sentencing;                                                               
relating to  registration as a  sex offender or  child kidnapper;                                                               
amending  Rule  16,  Alaska  Rules  of  Criminal  Procedure;  and                                                               
providing for an effective date."]                                                                                              
                                                                                                                                
CHAIR  RAMRAS  relayed that  the  committee  would be  addressing                                                               
proposed  amendments  to  HB  298;   that  public  testimony  had                                                               
previously  been closed;  and that  members' packets  now include                                                               
written  testimony from  the American  Civil  Liberties Union  of                                                               
Alaska (ACLU of Alaska).                                                                                                        
                                                                                                                                
1:16:35 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS referred  to  Amendment  1, labeled  26-GH2859\A.7,                                                               
Luckhaupt, 1/27/10, which read:                                                                                                 
                                                                                                                                
     Page 1, line 1, following "harassment,":                                                                                 
          Insert "distribution and"                                                                                           
                                                                                                                                
     Page 3, following line 19:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 5 AS 11.61.125(a) is amended to read:                                                                       
          (a)  A person commits the crime of distribution                                                                       
     of child pornography if the  person distributes in this                                                                
     state or  advertises, promotes, solicits, or  offers to                                                                
     distribute  in  this  state [BRINGS  OR  CAUSES  TO  BE                                                                
     BROUGHT  INTO THE  STATE FOR  DISTRIBUTION,  OR IN  THE                                                                    
     STATE   DISTRIBUTES,  OR   IN   THE  STATE   POSSESSES,                                                                    
     PREPARES,   PUBLISHES,  OR   PRINTS   WITH  INTENT   TO                                                                    
     DISTRIBUTE,]  any  material  that is  proscribed  under                                                                
     AS 11.61.127  [VISUALLY  OR   AURALLY  DEPICTS  CONDUCT                                                                
     DESCRIBED   IN   AS 11.41.455(a),  KNOWING   THAT   THE                                                                    
     PRODUCTION OF THE MATERIAL INVOLVED  THE USE OF A CHILD                                                                    
     UNDER 18 YEARS OF AGE WHO ENGAGED IN THE CONDUCT]."                                                                        
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 21 - 26:                                                                                                     
          Delete all material and insert:                                                                                       
          "(a)  A person commits the crime of possession of                                                                     
     child pornography if the  person knowingly possesses or                                                                
     knowingly accesses  on a computer  with intent  to view                                                                
     any  material   that  visually  [OR   AURALLY]  depicts                                                                    
     conduct described in AS 11.41.455(a) knowing that the                                                                      
               (1)  production of the material involved the                                                                 
     use of  a child under  18 years  of age who  engaged in                                                                    
     the  conduct or  a depiction  of  a part  of an  actual                                                                
     child  under  18 years  of  age  who, by  manipulation,                                                                
     creation,  or modification,  appears to  be engaged  in                                                                
     the conduct; or                                                                                                        
               (2)  material appears to include a child                                                                     
     under 18 years of age engaging in the conduct."                                                                        
                                                                                                                                
     Page 4, line 4:                                                                                                            
          Delete "a new subsection"                                                                                             
          Insert "new subsections"                                                                                              
                                                                                                                                
     Page 4, line 5:                                                                                                            
          Delete "for possession of child pornography"                                                                          
                                                                                                                                
     Page 4, following line 11:                                                                                                 
     Insert new subsections to read:                                                                                            
          "(f)  In this section,                                                                                                
               (1)  "appears to include a child" means that                                                                     
     the  material  appears  to   include,  or  conveys  the                                                                    
     impression that it  includes, a person who  is under 18                                                                    
     years of age  and the material was not  created using a                                                                    
     depiction  of any  part  of an  actual  child under  18                                                                    
     years of age, and                                                                                                          
               (A)  the average individual, applying                                                                            
     contemporary community  standards, would find  that the                                                                    
     depiction, taken  as a whole,  appeals to  the prurient                                                                    
     interest; and                                                                                                              
               (B)  a reasonable person would find that the                                                                     
     depiction, taken  as a  whole, lacks  serious literary,                                                                    
     artistic, political, or scientific value;                                                                                  
               (2)  "computer" has the meaning given in                                                                         
     AS 11.46.990.                                                                                                              
          (g)  In a prosecution under (a) of this section,                                                                      
     the prosecution  is not required to  prove the identity                                                                    
     of  a minor  depicted or  that the  defendant knew  the                                                                    
     identity of a minor depicted."                                                                                             
                                                                                                                                
     Page 9, line 3:                                                                                                            
          Delete "Sections 1-15"                                                                                                
          Insert "Sections 1-16"                                                                                                
                                                                                                                                
     Page 9, line 5:                                                                                                            
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
The committee took an at-ease from 1:17 p.m. to 1:18 p.m.                                                                       
                                                                                                                                
CHAIR RAMRAS mentioned that Amendment 1 would [in part] add a                                                                   
new Section 5 to HB 298.                                                                                                        
                                                                                                                                
CHAIR RAMRAS made a motion to adopt Amendment 1.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
The committee took an at-ease from 1:19 p.m. to 1:21 p.m.                                                                       
                                                                                                                                
1:21:29 PM                                                                                                                    
                                                                                                                                
JANE W.  PIERSON, Staff, Representative Jay  Ramras, Alaska State                                                               
Legislature,  explained   that  [Amendment  1]  would   amend  AS                                                               
11.61.125(a)  and  AS  11.61.127  in order  to  provide  for  the                                                               
apprehension and prosecution of distributors of computer-                                                                       
generated images of children engaged in sex acts.  This type of                                                                 
industry  is thriving  due  to the  great  difficulty police  and                                                               
prosecutors have  proving the identity  of a victim and  that the                                                               
images are not  mere fantasy.  Amendment 1  would criminalize the                                                               
distribution and possession of  such computer-generated films and                                                               
images,  and  would   make  the  arrest  and   prosecution  of  a                                                               
perpetrator possible  even when  the victim is  not identifiable.                                                               
In  2008,  the  U.S.  Supreme   Court  upheld  the  Prosecutorial                                                               
Remedies  and Other  Tools to  end the  Exploitation of  Children                                                               
Today (PROTECT)  Act of  2003, which  [in part]  criminalizes the                                                               
exchange  of pictures  depicting  children  in sexually  explicit                                                               
poses,  and any  attempt  to convince  another  person that  such                                                               
pictures  are of  real  children.   She  said  Amendment 1  would                                                               
outlaw    computer-generated    child   pornography    and    its                                                               
distribution.   In  response to  a question,  she confirmed  that                                                               
[Amendment 1] constitutes new law.                                                                                              
                                                                                                                                
1:25:14 PM                                                                                                                    
                                                                                                                                
JEFFREY A. MITTMAN, Executive  Director, American Civil Liberties                                                               
Union  of  Alaska  (ACLU  of   Alaska),  said  that  as  long  as                                                               
Amendment 1 is narrowly  drawn such that its focus  is on obscene                                                               
material,  a standard  already established  by  the U.S.  Supreme                                                               
Court, it  would be in  line with constitutional  limitations and                                                               
address civil  liberty concerns.   Without  such a  narrow focus,                                                               
however, Amendment 1 could run afoul  of the First Amendment.  In                                                               
response  to a  question, he  explained that  the ACLU  of Alaska                                                               
doesn't  support   pornography  or   anything  else   that  harms                                                               
children,  and   is  merely  concerned  that   proposed  laws  be                                                               
appropriately  drafted so  that they  protect children  but don't                                                               
limit First Amendment  rights.  He acknowledged that  this can be                                                               
a challenging area of the law.                                                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES,  in response  to a comment,  observed that                                                               
Amendment 1  doesn't use the  term, "obscene material",  but does                                                               
require of the  material that when taken as a  whole and applying                                                               
contemporary community standards, a  reasonable person would find                                                               
that  it   appeals  to  prurient  interests   and  lacks  serious                                                               
literary, artistic, political, or scientific value.                                                                             
                                                                                                                                
MR.  MITTMAN  said  that  is very  close  to  the  aforementioned                                                               
standard  established by  the U.S.  Supreme  Court, and  surmised                                                               
that  as a  result, Amendment  1 is  narrowly focused  on obscene                                                               
material,  which  the courts  have  ruled  doesn't receive  First                                                               
Amendment protection.                                                                                                           
                                                                                                                                
REPRESENTATIVE  GATTO  questioned  how  the purported  age  of  a                                                               
computer-generated   character   engaging   in   sex   could   be                                                               
determined.                                                                                                                     
                                                                                                                                
MR.  MITTMAN  offered his  belief  that  by having  the  proposed                                                               
language  focus  on  obscene material,  as  described  under  the                                                               
aforementioned  standard,  it's  not  necessary to  make  such  a                                                               
determination.                                                                                                                  
                                                                                                                                
CHAIR RAMRAS  offered his understanding  that Mr. Mittman  is not                                                               
opposed to Amendment 1.                                                                                                         
                                                                                                                                
MR.  MITTMAN, in  response to  a question,  said it  appears that                                                               
Amendment 1 does not have any constitutional infirmities.                                                                       
                                                                                                                                
MS. PIERSON, in response to  questions, explained that most other                                                               
states have  a statutory definition  of the term,  "obscene", and                                                               
that  she  has  not  yet researched  whether  other  states  have                                                               
statutorily addressed  computer-generated child  pornography, but                                                               
imagines that some states have.                                                                                                 
                                                                                                                                
1:33:24 PM                                                                                                                    
                                                                                                                                
SUE  STANCLIFF, Special  Assistant, Office  of the  Commissioner,                                                               
Department of  Public Safety  (DPS), in  response to  a question,                                                               
indicated  that  law  enforcement   is  finding  that  [computer-                                                               
generated] child pornography is a problem.                                                                                      
                                                                                                                                
1:34:09 PM                                                                                                                    
                                                                                                                                
RON  TIDLER, Detective  Sergeant,  Cyber  Crimes Unit,  Anchorage                                                               
Police  Department   (APD),  Municipality  of   Anchorage  (MOA);                                                               
Commander,  Alaska  Region,   Internet  Crimes  Against  Children                                                               
(ICAC)  Task  Force,   added  that  almost  95   percent  of  law                                                               
enforcement's  searches  are   uncovering  large  collections  of                                                               
computer-generated  child pornography.   The  images are  graphic                                                               
and very clear that a small  child is being sexually assaulted by                                                               
adult  males.    When  interviewed, perpetrators  say  that  such                                                               
images fuel their fantasies about sexually abusing children.                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES questioned  whether law  enforcement would                                                               
view Amendment 1  as a great tool, and  whether viewing computer-                                                               
generated child pornography serves as  a substitute or whether it                                                               
serves as a gateway.                                                                                                            
                                                                                                                                
MS.  STANCLIFF indicated  that she  would  research those  issues                                                               
further, and remarked that the  DPS would always choose to pursue                                                               
the cases involving real children first.                                                                                        
                                                                                                                                
CHAIR RAMRAS indicated  that he favors Amendment  1 regardless of                                                               
whether the behavior it addresses serves  as a substitute or as a                                                               
gateway.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG   asked  how  many  cases   passage  of                                                               
Amendment  1  would result  in,  and  whether its  passage  would                                                               
require the DPS to revise its fiscal note.                                                                                      
                                                                                                                                
MS.  STANCLIFF indicated  that because  of  limited resources  to                                                               
pursue  such   cases,  she  doesn't   believe  that   passage  of                                                               
Amendment 1 would result  in the DPS having to  revise its fiscal                                                               
note,  which currently  only addresses  the  bill's sex  offender                                                               
registration  provisions.   In response  to other  questions, she                                                               
reiterated  that the  DPS's  first priority  is  to pursue  cases                                                               
involving  real  children,  adding  that  the  DPS  is  currently                                                               
already overwhelmed by the number of such cases.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
CHAIR  RAMRAS,  noting that  there  were  no further  objections,                                                               
announced that Amendment 1 was adopted.                                                                                         
                                                                                                                                
1:41:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  2,                                                               
labeled 26-GH2859\A.8, Luckhaupt, 1/26/10, which read:                                                                          
                                                                                                                                
     Page 2, line 30, through page 3, line 1:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 8, following line 31:                                                                                                 
     Insert a new bill section to read:                                                                                         
         "* Sec. 17. The uncodified law of the State of                                                                     
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE STATEMENT CONCERNING CULPABLE MENTAL                                                                      
     STATE.  In AS 11.56.840(a),  as repealed  and reenacted                                                                    
     by sec. 3  of this Act, the only  culpable mental state                                                                    
     required  to  be  proven  by  the  prosecution  is  the                                                                    
     "knowing"   requirement  in   paragraph  (2)   of  that                                                                    
     subsection. No other culpable mental  state needs to be                                                                    
     proven for the other elements of that offense."                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 3:                                                                                                            
          Delete "Sections 1 - 15"                                                                                              
     Insert "Sections 1 - 15 and 17"                                                                                            
                                                                                                                                
CHAIR RAMRAS objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG   explained  that  Amendment   2  would                                                               
clarify -  via deleting Section  3's proposed as  AS 11.56.840(b)                                                               
and adding a portion of its  language to a new legislative intent                                                               
section in  uncodified law -  that a mens  rea of knowing  is the                                                               
only  mental  state required  for  the  entirety of  Section  3's                                                               
proposed AS 11.56.840(a), which pertains  to the crime of failure                                                               
to register  as a sex offender  or child kidnapper in  the second                                                               
degree.  He offered his  understanding that the approach taken by                                                               
Amendment   2's   proposed   changes   conforms   with   standard                                                               
legislative drafting practices.                                                                                                 
                                                                                                                                
1:45:26 PM                                                                                                                    
                                                                                                                                
GERALD   LUCKHAUPT,   Attorney,    Legislative   Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency  (LAA), speaking  as the  drafter, concurred,  and assured                                                               
members  that Amendment  2 wouldn't  change anything  substantive                                                               
about Section 3.                                                                                                                
                                                                                                                                
CHAIR RAMRAS  removed his objection, ascertained  that there were                                                               
no  further  objections,  and  announced  that  Amendment  2  was                                                               
adopted.                                                                                                                        
                                                                                                                                
CHAIR RAMRAS referred  to and then withdrew  Amendment 3, labeled                                                               
26-GH2859\A.9, Luckhaupt, 1/27/10, which read:                                                                                  
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "harassment,"                                                                                                
          Delete the second occurrence of ","                                                                                 
                                                                                                                                
     Page 3, lines 13 - 19:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 3:                                                                                                            
          Delete "Sections 1 - 15"                                                                                              
          Insert "Sections 1 - 14"                                                                                              
                                                                                                                                
     Page 9, line 5:                                                                                                            
          Delete "Section 16"                                                                                                   
          Insert "Section 15"                                                                                                   
                                                                                                                                
1:47:25 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS referred  to Amendment  4, labeled  26-GH2859\A.15,                                                               
Luckhaupt, 1/27/10, which read:                                                                                                 
                                                                                                                                
     Page 3, lines 14 - 19:                                                                                                     
          Delete all material and insert:                                                                                       
          "(a)  A person commits the crime of harassment in                                                                     
     the first degree if                                                                                                        
               (1)  the person violates AS 11.61.120(a)(5)                                                                  
       and the offensive physical contact is contact with                                                                       
      human or animal blood, mucus, saliva, semen, urine,                                                                       
     vomitus, or feces; or                                                                                                  
               (2)  under circumstances not proscribed                                                                      
     under  AS 11.41.434 -  11.41.440,  the person  violates                                                                
     AS 11.61.120(a)(5) and  the offensive  physical contact                                                                
     is  contact by  the  person  touching another  person's                                                                
     genitals, anus,  or female  breast, either  directly or                                                                
     through clothing."                                                                                                     
                                                                                                                                
MS. PIERSON  explained that Amendment  4 would amend  Section 4's                                                               
proposed changes to AS 11.61.118(a)  - the crime of harassment in                                                               
the first  degree - such that  it wouldn't apply to  sexual abuse                                                               
of a  minor crimes.  Amendment  4 addresses the fact  that a lack                                                               
of consent is  not an element of sexual abuse  of a minor crimes,                                                               
and would ensure  that a charge of sexual abuse  of a minor could                                                               
not be plead down to a charge of harassment.                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  [although no  motion had been  made nor                                                               
an objection stated]  relayed that he would  remove his objection                                                               
to the adoption of Amendment 4.                                                                                                 
                                                                                                                                
CHAIR RAMRAS [although no motion  had been made] objected for the                                                               
purpose of discussion.                                                                                                          
                                                                                                                                
REPRESENTATIVE GATTO  [made a  motion to  amend] Amendment  4, to                                                               
add  the word,  "buttocks" to  proposed AS  11.61.118(a)(2) after                                                               
the word "anus".                                                                                                            
                                                                                                                                
CHAIR RAMRAS objected to the amendment to Amendment 4.                                                                          
                                                                                                                                
REPRESENTATIVE  HOLMES offered  her understanding  that offensive                                                               
physical contact of a person's  buttocks is already covered under                                                               
AS 11.61.120 - the crime of harassment in the second degree.                                                                    
                                                                                                                                
REPRESENTATIVE GATTO withdrew the amendment to Amendment 4.                                                                     
                                                                                                                                
CHAIR   RAMRAS  removed   his  objection,   and  announced   that                                                               
Amendment 4 was adopted.                                                                                                        
                                                                                                                                
1:51:15 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS referred  to Amendment  5, labeled  26-GH2859\A.13,                                                               
Luckhaupt, 1/27/10, which read:                                                                                                 
                                                                                                                                
     Page 3, line 19, following "clothing":                                                                                 
          Insert "and the other person is 16 years of age                                                                   
     or older"                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  [although no motion had  yet been made]                                                               
objected for the purpose of discussion.                                                                                         
                                                                                                                                
CHAIR RAMRAS made a motion to adopt Amendment 5.                                                                                
                                                                                                                                
MS.  PIERSON explained  that  Amendment 5  was  submitted by  the                                                               
Department of Law (DOL) and is  intended to cure the same problem                                                               
that Amendment 4 addressed.                                                                                                     
                                                                                                                                
The committee took an at-ease from 1:52 p.m. to 1:54 p.m.                                                                       
                                                                                                                                
CHAIR RAMRAS noted  that Amendment 4 and Amendment  5 are similar                                                               
in intent but differ in construct.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
CHAIR RAMRAS withdrew Amendment 5.                                                                                              
                                                                                                                                
1:56:01 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS made  a motion  to adopt  Amendment 6,  labeled 26-                                                               
GH2859\A.11, Luckhaupt, 1/27/10, which read:                                                                                    
                                                                                                                                
     Page 6, lines 30 - 31:                                                                                                     
          Delete all material and insert:                                                                                       
               "(E)  specified in AS 11.41.434 - 11.41.438                                                                  
      or 11.41.452 - 11.41.458 and the defendant was 10 or                                                                  
     more years older than the victim;"                                                                                     
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  his  understanding  that  the                                                               
proposed  amendment labeled  26-GH2859\A.14, Luckhaupt,  1/27/10,                                                               
[which later became known as  Amendment 7] is proposing a similar                                                               
change  to  the  same  provision  of the  bill  as  Amendment  6;                                                               
[Amendment 7] read:                                                                                                             
                                                                                                                                
     Page 6, lines 30 - 31:                                                                                                     
          Delete all material and insert:                                                                                       
               "(E)  specified in AS 11.41.434 - 11.41.458                                                                  
     or AS 11.61.128 and the defendant was 10 or more years                                                                 
     older than the victim;"                                                                                              
                                                                                                                                
MS. PIERSON  explained that  both [Amendment  6 and  Amendment 7]                                                               
propose to  rewrite Section 14's proposed  AS 12.55.155(c)(18)(E)                                                               
- a  new aggravating factor that  could be applied for  the crime                                                               
of  sexual  abuse of  a  minor  in  the  second degree  under  AS                                                               
11.41.436(a)(2) when the defendant is 18  years of age or older -                                                               
such that instead the aggravating  factor could be applied if the                                                               
defendant is 10 or more years  older than the victim.  Under both                                                               
amendments, the proposed new aggravating  factor could be applied                                                               
for any  crime specified  in AS  11.41.434 -  AS 11.41.438  or AS                                                               
11.41.452  - AS  11.41.458,  all of  which  are crimes  involving                                                               
victims  who  are  minors,  but  the  difference  is  that  under                                                               
[Amendment 7], the proposed new  aggravating factor could also be                                                               
applied for the  crimes specified in AS 11.41.440  - sexual abuse                                                               
of a  minor in the fourth  degree; AS 11.41.450 -  incest; and AS                                                               
11.41.128  -  electronic  distribution of  indecent  material  to                                                               
minors.     [Amendment  7]  is  therefore   more  inclusive  than                                                               
[Amendment 6].                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  prefers [Amendment  7] because                                                               
it's a little broader, surmising  that the same policy applies to                                                               
the   aforementioned  additional   crimes,  and   suggested  that                                                               
Amendment 6 be withdrawn in favor of [Amendment 7].                                                                             
                                                                                                                                
REPRESENTATIVE  HOLMES removed  her  objection to  the motion  to                                                               
adopt Amendment 6.                                                                                                              
                                                                                                                                
CHAIR RAMRAS withdrew Amendment 6.                                                                                              
                                                                                                                                
1:59:01 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a motion  to adopt Amendment 7  [text provided                                                               
previously].                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for  the purpose of discussion,                                                               
adding that he supports Amendment 7.                                                                                            
                                                                                                                                
CHAIR RAMRAS said he also supports Amendment 7.                                                                                 
                                                                                                                                
REPRESENTATIVE GATTO questioned why  the proposed new aggravating                                                               
factor  is being  changed such  that it  would no  longer specify                                                               
that the defendant be 18 years of age or older.                                                                                 
                                                                                                                                
MR. LUCKHAUPT offered his understanding  that the DOL's goal with                                                               
Amendment  7  is   to  provide  for  an   aggravating  factor  at                                                               
sentencing in cases  where there is a  substantial age difference                                                               
between the  minor victim  and the  defendant, and  surmised that                                                               
the proposed  new aggravating  factor need  not specify  that the                                                               
defendant be  18 years  of age  or older,  because it  would only                                                               
apply to someone subject to sentencing  as an adult, who, for the                                                               
most part, would  be someone over the  age of 16.   So via either                                                               
Amendment 6 or Amendment 7,  the specification that the defendant                                                               
be 18  years of  age or  older is  being removed  as not  being a                                                               
significant  distinction for  purposes of  applying the  proposed                                                               
new aggravating factor at sentencing.                                                                                           
                                                                                                                                
REPRESENTATIVE  GATTO, in  response to  comments and  a question,                                                               
indicated that he  would prefer that Amendment 7  be altered such                                                               
that the  proposed new aggravating  factor would specify  that it                                                               
could be applied when either the  defendant is 18 years of age or                                                               
older, or when  the defendant is 10 or more  years older than the                                                               
minor victim.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  surmised  that  altering  Section  14  as                                                               
Amendment   7  proposes   would  result   in  the   proposed  new                                                               
aggravating factor possibly being applied to more defendants.                                                                   
                                                                                                                                
MR. LUCKHAUPT acknowledged that both  Amendment 6 and Amendment 7                                                               
provide that the  proposed new aggravating factor  could apply to                                                               
more crimes  than currently  listed in  Section 14's  proposed AS                                                               
12.55.155(c)(18)(E).   He  opined  that  retaining the  provision                                                               
that the  defendant be 18  years of  age or older  doesn't really                                                               
tie  in anymore  with the  requirement that  the defendant  be 10                                                               
years or  more older  than his/her  minor victim,  again pointing                                                               
out that someone  who isn't being sentenced as  an adult wouldn't                                                               
be subject  to the  proposed new aggravating  factor anyway.   He                                                               
surmised that  the DOL, in  offering Amendment 7, feels  that all                                                               
sexual abuse  of a  minor crimes  should provide  the opportunity                                                               
for  an  aggravating  factor  at   sentencing  when  there  is  a                                                               
substantial  age  difference  between  the  perpetrator  and  the                                                               
victim.                                                                                                                         
                                                                                                                                
CHAIR RAMRAS expressed  a preference for the  broader amendment -                                                               
Amendment 7.                                                                                                                    
                                                                                                                                
2:10:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO expressed  concern that  without specifying                                                               
that the  proposed new aggravating  factor could be  applied when                                                               
either the  defendant is 18  years of age  or older, or  when the                                                               
defendant is  10 or more  years older  than the minor  victim, an                                                               
adult who  is sexually abusing  a minor but  who is only  9 years                                                               
older than  his/her victim would  not be subject to  the proposed                                                               
new aggravator.                                                                                                                 
                                                                                                                                
MR. LUCKHAUPT  explained that  there are going  to be  some cases                                                               
for which  the proposed new  aggravating factor just  isn't going                                                               
to be  available, because  the elements of  some of  the offenses                                                               
referenced  in  Amendment  7 don't  currently  require  that  the                                                               
perpetrator be 18 years of age  or older, or that the perpetrator                                                               
be 10  or more years  older than  the minor victim.   Regardless,                                                               
it's  still  meaningful  to have  the  proposed  new  aggravating                                                               
factor  focus on  perpetrators who  are substantially  older than                                                               
their victims.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GATTO indicated  that he would not  be offering an                                                               
amendment to Amendment  7 such that the  proposed new aggravating                                                               
factor would  specify that  it could be  applied when  either the                                                               
defendant is 18  years of age or older, or  when the defendant is                                                               
10 or more years older than the minor victim.                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  another  way  to  address                                                               
Representative Gatto's concern would be  to replace "10", as used                                                               
in Amendment 7, with a lower  number.  He indicated, though, that                                                               
he would not be offering an amendment to that effect.                                                                           
                                                                                                                                
CHAIR RAMRAS mentioned that he  would be amenable to letting such                                                               
an  amendment be  offered later  should any  member come  to feel                                                               
that that language should be modified.                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG  removed his objection to  the motion to                                                               
adopt Amendment 7.                                                                                                              
                                                                                                                                
CHAIR RAMRAS announced that Amendment 7 was adopted.                                                                            
                                                                                                                                
2:14:26 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS made a motion to adopt Amendment 8, labeled 26-                                                                    
GH2859\A.6, Luckhaupt, 1/26/10, which read:                                                                                     
                                                                                                                                
     Page 7, lines 1 - 31:                                                                                                      
          Delete all material and insert:                                                                                       
        "* Sec. 15. AS 12.63.020(b) is amended to read:                                                                     
          (b)  The department shall adopt, by regulation,                                                                       
     procedures to notify a sex  offender or child kidnapper                                                                    
     who,  on  the  registration  form  under  AS 12.63.010,                                                                    
     lists  a   conviction  for  a  sex   offense  or  child                                                                    
     kidnapping that is a violation  of a former law of this                                                                    
     state  or  a  law   of  another  jurisdiction,  of  the                                                                    
     duration of  the offender's  or kidnapper's  duty under                                                                    
     (a)  of this  section  for that  sex  offense or  child                                                                    
     kidnapping.  As   a  part   of  the   regulations,  the                                                                    
     department shall                                                                                                           
               (1)  require the offender or kidnapper to                                                                    
     supply   proof   acceptable   to  the   department   of                                                                    
     unconditional discharge and the date it occurred; and                                                                  
               (2)  if the registration requirement of the                                                                  
     offender or  kidnapper arises  from AS 12.63.100(5)(B),                                                                
     require the  offender or kidnapper to  register for the                                                                
     period  of  time  that  is required  by  the  state  or                                                                
     jurisdiction  from which  the  conviction  and duty  to                                                                
     register arises.                                                                                                       
        * Sec. 16. AS 12.63.100(5) is amended to read:                                                                        
               (5)  "sex offender or child kidnapper" means                                                                     
     a person                                                                                                                   
               (A) convicted of a sex offense or child                                                                      
     kidnapping  in  this   state  or  another  jurisdiction                                                                    
     regardless of  whether the conviction  occurred before,                                                                    
     after, or on January 1, 1999; or                                                                                       
               (B)  required to register as a sex offender                                                                  
     or  child kidnapper  in another  state or  jurisdiction                                                                
     for  a  crime  that  is  not a  sex  offense  or  child                                                                
     kidnapping  as defined  in this  section but  for which                                                                
     the person  is required to  register as a  sex offender                                                                
     or child kidnapper in another state or jurisdiction;"                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 3:                                                                                                            
          Delete "Sections 1 - 15"                                                                                              
          Insert "Sections 1 - 14"                                                                                              
                                                                                                                                
     Page 9, following line 4:                                                                                                  
          Insert a new subsection to read:                                                                                      
          "(b)  Sections 15 and 16 of this Act relating to                                                                      
     registration  of  sex  offenders and  child  kidnappers                                                                    
     whose  duty  to  register  arises  from  conviction  in                                                                    
     another state or  jurisdiction for a crime  that is not                                                                    
     defined  as a  sex offense  under AS 12.63.100(6)  or a                                                                    
     child kidnapping under  AS 12.63.100(2) shall register,                                                                    
     report,  and file  as  required  under AS 12.63.010  if                                                                    
     their  duty   to  register  in   the  other   state  or                                                                    
     jurisdiction has  not expired on the  effective date of                                                                    
     this Act  regardless of whether the  conviction for the                                                                    
     crime  in  the  other state  or  jurisdiction  occurred                                                                    
     before, on, or after the effective date of this Act."                                                                      
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
     Page 9, line 5:                                                                                                            
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
2:15:00 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS then referred to the proposed amendment labeled 26-                                                                
GH2859\A.4, Luckhaupt, 1/26/10, which he characterized as                                                                       
similar to Amendment 8, and which read:                                                                                         
                                                                                                                                
     Page 7, lines 1 - 31:                                                                                                      
          Delete all material and insert:                                                                                       
        "* Sec. 15. AS 12.63.020(b) is amended to read:                                                                     
          (b)  The department shall adopt, by regulation,                                                                       
     procedures to notify a sex  offender or child kidnapper                                                                    
     who,  on  the  registration  form  under  AS 12.63.010,                                                                    
     lists  a   conviction  for  a  sex   offense  or  child                                                                    
     kidnapping that is a violation  of a former law of this                                                                    
     state  or  a  law   of  another  jurisdiction,  of  the                                                                    
     duration of  the offender's  or kidnapper's  duty under                                                                    
     (a)  of this  section  for that  sex  offense or  child                                                                    
     kidnapping.  As   a  part   of  the   regulations,  the                                                                    
     department shall                                                                                                           
               (1)  require the offender or kidnapper to                                                                    
     supply   proof   acceptable   to  the   department   of                                                                    
     unconditional discharge and the date it occurred; and                                                                  
               (2)  if the registration requirement of the                                                                  
     offender or  kidnapper arises  from AS 12.63.100(5)(B),                                                                
     require the  offender or kidnapper to  register for the                                                                
     period  of  time  that  is required  by  the  state  or                                                                
     jurisdiction  from which  the  conviction  and duty  to                                                                
     register arises.                                                                                                       
        * Sec. 16. AS 12.63.100(5) is amended to read:                                                                        
               (5)  "sex offender or child kidnapper" means                                                                     
     a person                                                                                                                   
               (A) convicted of a sex offense or child                                                                      
     kidnapping  in  this   state  or  another  jurisdiction                                                                    
     regardless of  whether the conviction  occurred before,                                                                    
     after, or on January 1, 1999; or                                                                                       
               (B)  required to register as a sex offender                                                                  
     or  child kidnapper  in another  state or  jurisdiction                                                                
     for  a  crime  that  is  not a  sex  offense  or  child                                                                
     kidnapping  as defined  in this  section but  for which                                                                
     the person  is required to  register as a  sex offender                                                                
     or child kidnapper in another state or jurisdiction;"                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 3:                                                                                                            
          Delete "Sections 1 - 15"                                                                                              
          Insert "Sections 1 - 16"                                                                                              
                                                                                                                                
     Page 9, line 5:                                                                                                            
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES   explained  that  if  Amendment   8  were                                                               
adopted,  she  would  not  be  offering  the  proposed  amendment                                                               
labeled 26-GH2859\A.4, Luckhaupt, 1/26/10.                                                                                      
                                                                                                                                
CHAIR  RAMRAS  offered  his understanding  that  Amendment  8  is                                                               
intended  to  address a  problem  wherein  a  person who  has  to                                                               
register in  another state as  a sex offender or  child kidnapper                                                               
could move to  Alaska and not be required to  register in Alaska,                                                               
because the  laws of that other  state are not similar  enough to                                                               
Alaska law.                                                                                                                     
                                                                                                                                
MR. LUCKHAUPT  explained that under  Amendment 8, if a  person is                                                               
required to register in another state  as a sex offender or child                                                               
kidnapper, then  that would trigger  the requirement  that he/she                                                               
also register in Alaska and register  for the same amount of time                                                               
as  required by  the  other  state.   This  should alleviate  any                                                               
problem that  could arise by  attempting to define  behavior that                                                               
does not currently  constitute a sex offense  or child kidnapping                                                               
offense under Alaska law as a  sex offense, as is currently being                                                               
proposed  via  existing  Section  15   of  HB  298.    Basically,                                                               
Amendment  8 gives  comity to  other  states' laws,  and this  is                                                               
necessary because  federal law mandates that  Alaska register sex                                                               
offenders from other states, regardless  that other states define                                                               
sex offenders and child kidnappers  differently than Alaska does.                                                               
In response to a question,  he reiterated that under Amendment 8,                                                               
the person  from another state  would have to register  in Alaska                                                               
for the same amount of time required by that other state.                                                                       
                                                                                                                                
2:21:42 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal  Division, Department  of Law  (DOL), expressed  concern                                                               
that  under  Amendment  8,  the  DPS  would  need  to  conduct  a                                                               
tremendous  amount of  research in  order to  determine how  long                                                               
each offender who  moves to Alaska must be registered  for in the                                                               
state  he/she  moves  from.     For  example,  in  Minnesota,  an                                                               
assessment is done on each  offender to determine how long he/she                                                               
must  register -  anywhere from  one year  to life.   Researching                                                               
this type  of information, therefore,  would be burdensome.   The                                                               
DOL, via the language currently  in Section 15, was attempting to                                                               
avoid that  necessity, and, therefore,  would prefer that  HB 298                                                               
maintain  the approach  currently taken  in Section  15, that  of                                                               
continuing  to use  Alaska's existing  two-tier system  regarding                                                               
registration  length  -  either  15  years or  life  -  and  then                                                               
determining which  tier applies  for a  particular offender.   In                                                               
response to  a question,  he indicated  that under  [both current                                                               
law and  existing Section  15 of  HB 298],  the time  an offender                                                               
spends registered  in another  state would  be deducted  from the                                                               
total amount of time he/she must be registered in Alaska.                                                                       
                                                                                                                                
MR. MITTMAN explained that in Doe  v. State, 189 P.3d 999 (Alaska                                                             
2008), the  Alaska Supreme Court  ruled that people  convicted of                                                               
sex offenses in  Alaska before the enactment of  the sex offender                                                               
registry  statutes in  1994  could not  be  required to  register                                                               
because it  would violate the ex  post facto clause of  [both the                                                               
Alaska State Constitution  and the U.S. Constitution].   The ACLU                                                               
of  Alaska's concern  is that  a  similar constitutional  problem                                                               
would exist  if an offender  moving to Alaska from  another state                                                               
were required  to register  in Alaska  but his/her  conviction in                                                               
the other state occurred prior to 1994.                                                                                         
                                                                                                                                
MR. LUCKHAUPT  said that that's  definitely an issue.   Referring                                                               
to Mr. Svobodny's comments, Mr.  Luckhaupt posited that the DOL's                                                               
concerns  could  be  addressed   by  adding  language  that  says                                                               
Alaska's  two-tier   system  would  apply  unless   the  offender                                                               
supplies evidence of the registration  period in the other state;                                                               
under  such additional  language, the  department would  not have                                                               
the burden of conducting  the aforementioned additional research.                                                               
Mr.  Luckhaupt  then  acknowledged  that the  issue  Mr.  Mittman                                                               
raised might still need to be addressed by the court.                                                                           
                                                                                                                                
2:28:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that he shares  Mr. Mittman's                                                               
concern.   Representative Gruenberg  then noted that  Amendment 8                                                               
contains  an   applicability  provision,  whereas   the  proposed                                                               
amendment  labeled 26-GH2859\A.4,  Luckhaupt, 1/26/10,  does not.                                                               
That  provision  appears  to   contain  the  same  constitutional                                                               
problem, he remarked, in that  it states that the bill's proposed                                                               
registration  provisions would  apply regardless  of whether  the                                                               
underlying  conviction   occurred  before,   on,  or   after  the                                                               
effective date  of the bill.   Under the ex post  facto clause of                                                               
the constitutions, a law punishing  certain behavior cannot apply                                                               
to behavior conducted  prior to the enactment of  that law, prior                                                               
to the criminalization  of that behavior, nor can  an increase in                                                               
the punishment  for certain behavior apply  to behavior conducted                                                               
prior to the increase.  He  ventured his belief that this problem                                                               
could  be cured  by altering  the  language of  Amendment 8  that                                                               
says, "regardless of whether the  conviction for the crime in the                                                               
other state  or jurisdiction  occurred before,  on, or  after the                                                               
effective date of this Act".   Representative Gruenberg asked Mr.                                                               
Luckhaupt  to  suggest  alternative language  that  would  ensure                                                               
constitutionality.                                                                                                              
                                                                                                                                
MR.  LUCKHAUPT   said  he   feels  Amendment   8's  applicability                                                               
provision  is   defensible  as  currently  written,   because  it                                                               
pertains only to offenders who  are already required to register.                                                               
In Doe, in contrast, the State  had been attempting to expand the                                                             
registration statutes  to apply retroactively to  more crimes and                                                               
more  people that  weren't already  subject  to the  registration                                                               
requirements.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that he would  not be seeking                                                               
to  amend the  aforementioned language  in Amendment  8 [at  this                                                               
time].                                                                                                                          
                                                                                                                                
REPRESENTATIVE GATTO noted that  in Missouri, public urination is                                                               
considered  a  sex offense,  and  questioned  whether, under  the                                                               
proposed  new  language, a  person  convicted  of that  crime  in                                                               
Missouri would have to register in Alaska upon moving here.                                                                     
                                                                                                                                
MR. LUCKHAUPT indicated that that would be the case.                                                                            
                                                                                                                                
CHAIR RAMRAS  relayed that Amendment  8 would be set  aside [with                                                               
the motion of whether to adopt it left pending].                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG indicated a  continuing concern that the                                                               
proposed registration  requirements could  result in  a violation                                                               
of the ex post facto clause.                                                                                                    
                                                                                                                                
CHAIR RAMRAS relayed that the proposed amendment labeled 26-                                                                    
GH2859\A.4, Luckhaupt, 1/26/10,  [text provided previously] would                                                               
also be set aside.                                                                                                              
                                                                                                                                
CHAIR RAMRAS  then noted  that a  proposed amendment  labeled 26-                                                               
GH2859\A.16, Luckhaupt,  1/27/10, also addresses the  same issues                                                               
as Amendment 8 and the  proposed amendment labeled 26-GH2859\A.4,                                                               
Luckhaupt, 1/26/10,  and would  therefore be  set aside  as well;                                                               
the   proposed  amendment   labeled  26-GH2859\A.16,   Luckhaupt,                                                               
1/27/10, read:                                                                                                                  
                                                                                                                                
     Page 6, following line 31:                                                                                                 
     Insert a new bill section to read:                                                                                         
      "* Sec. 15. AS 12.63.020 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (c)  A person required to register under                                                                              
     AS 12.63.010 for a conviction in another jurisdiction                                                                      
      that is not similar to an offense in this state must                                                                      
     register for a period described in                                                                                         
               (1)  (a)(2) of this section if the person                                                                        
     has been convicted of only one sex offense or only one                                                                     
     child kidnapping;                                                                                                          
               (2)  (a)(1) of this section if the person                                                                        
     has been convicted of two or more sex offenses, two or                                                                     
       more child kidnappings, or one sex offense and one                                                                       
     child kidnapping."                                                                                                         
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 3:                                                                                                            
          Delete "Sections 1 - 15"                                                                                              
          Insert "Sections 1 - 16"                                                                                              
                                                                                                                                
     Page 9, line 5:                                                                                                            
          Delete "Section 16"                                                                                                   
     Insert "Section 17"                                                                                                        
                                                                                                                                
2:36:16 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS made a motion to Adopt Amendment 9, labeled 26-                                                                    
GH2859\A.12, Luckhaupt, 1/27/10, which read:                                                                                    
                                                                                                                                
     Page 8, line 24:                                                                                                           
          Delete "any"                                                                                                      
          Insert "an"                                                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
CHAIR RAMRAS mentioned  that Amendment 9 is being  offered at the                                                               
request  of  the  DOL,  but  he  does  not  agree  with  the  DOL                                                               
[regarding Amendment 9's proposed change to Section 16].                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG observed  that several other forthcoming                                                               
amendments also [propose to alter Section 16].                                                                                  
                                                                                                                                
CHAIR  RAMRAS questioned  whether adoption  of Amendment  9 could                                                               
result  in  convictions  being overturned  on  the  grounds  that                                                               
defendants' constitutional rights were violated.                                                                                
                                                                                                                                
2:37:32 PM                                                                                                                    
                                                                                                                                
MR.  SVOBODNY   explained  that  in  terms   of  examining  child                                                               
pornography  evidence,  the term,  "any  expert"  could refer  to                                                               
anyone claiming  to be  an expert  on child  pornography, whereas                                                               
the term, "an  expert" is more likely to refer  to someone who is                                                               
actually qualified  to view the  child pornography.   In response                                                               
to a question, he indicated that  early on in the case, before it                                                               
goes to trial, the courts  would not be determining who qualifies                                                               
as an expert;  instead, the defense merely notifies  [the DOL] of                                                               
who  it would  be  bringing  in, as  an  expert,  to inspect  the                                                               
evidence.                                                                                                                       
                                                                                                                                
CHAIR  RAMRAS  asked  whether  the term,  "an  expert"  would  be                                                               
construed  to  mean  that  only  one  expert  could  inspect  the                                                               
evidence.                                                                                                                       
                                                                                                                                
MR. SVOBODNY said that's not the  intent of Amendment 9, which is                                                               
just meant to cleanup a possible ambiguity.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his  belief  that most  courts                                                               
would interpret  the term, "an  expert" to mean only  one expert.                                                               
He expressed disfavor with Amendment 9.                                                                                         
                                                                                                                                
REPRESENTATIVE GATTO questioned whether  changing "any expert" to                                                               
just "experts" would address the DOL's concern.                                                                                 
                                                                                                                                
MR. SVOBODNY indicated that it would.                                                                                           
                                                                                                                                
REPRESENTATIVE   GRUENBERG   offered   his   understanding   that                                                               
according  to the  legislative drafting  manual, the  use of  the                                                               
singular,  rather than  the plural,  is [preferred].   He  opined                                                               
that  the  term, "any  expert"  is  clearer  than the  term,  "an                                                               
expert", and again expressed disfavor with Amendment 9.                                                                         
                                                                                                                                
CHAIR  RAMRAS  posited  that  a  conceptual  amendment  could  be                                                               
developed that would address everyone's concerns.                                                                               
                                                                                                                                
CHAIR RAMRAS then withdrew Amendment 9.                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG expressed  a preference  for using  the                                                               
term, "any experts".                                                                                                            
                                                                                                                                
2:41:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GATTO  made   a  motion   to  adopt   Conceptual                                                               
Amendment 10,  to change  on  page  8, line  24,  the term,  "any                                                               
expert" to the term, "experts".                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  objected;  [made a  motion  to]  amend                                                               
Conceptual  Amendment  10 such  that  the  term, "experts"  would                                                               
become the term, "any experts"; and then withdrew his objection.                                                                
                                                                                                                                
REPRESENTATIVE  GATTO  indicated  that  he was  amenable  to  the                                                               
amendment to Conceptual Amendment 10.                                                                                           
                                                                                                                                
CHAIR RAMRAS announced that Conceptual  Amendment 10, as amended,                                                               
was adopted.                                                                                                                    
                                                                                                                                
[Note  to  the reader:    Conceptual  Amendment 10,  as  amended,                                                               
altered  language that  was later  deleted by  the adoption  of a                                                               
subsequent amendment - that being Amendment 12, as amended.]                                                                    
                                                                                                                                
2:43:17 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a  motion to adopt  Amendment 11,  labeled 26-                                                               
GH2859\A.17, Luckhaupt, 1/28/10, which read:                                                                                    
                                                                                                                                
     Page 8, lines 3 - 31:                                                                                                      
          Delete all material and insert:                                                                                       
          "DIRECT COURT RULE AMENDMENT. Rule 16(b), Alaska                                                                      
      Rules of Criminal Procedure, is amended by adding a                                                                       
     new paragraph to read:                                                                                                     
       (9)  Custody of and Restriction on Availability of                                                                       
       Certain Material or Property. Except as otherwise                                                                        
     provided  in  this  subsection, any  material  that  is                                                                    
     proscribed  by AS 11.41.455(a)  or that  is defined  as                                                                    
     "child pornography"  under 18 U.S.C. 2256  shall remain                                                                    
     in the care, custody, and  control of a law enforcement                                                                    
     agency, the prosecution,  or the court. Notwithstanding                                                                    
     (b)(1)(A)(iv) of  this rule,  the court shall  deny any                                                                    
     request   by  the   defendant   to  copy,   photograph,                                                                    
     duplicate,  or  otherwise  reproduce  any  property  or                                                                    
     material that  may be proscribed  under AS 11.41.455(a)                                                                    
     or  defined  as  "child pornography"  under  18  U.S.C.                                                                    
     2256, provided  the prosecution  makes the  property or                                                                    
     material   reasonably  available   to  the   defendant.                                                                    
     Property  or  material  shall  be  deemed  to  be  made                                                                    
     reasonably   available   to   the  defendant   if   the                                                                    
     prosecution provides, at  a prosecution facility, ample                                                                    
     opportunity  for inspection,  viewing, and  examination                                                                    
     of  the  property or  material  by  the defendant,  the                                                                    
     defendant's attorney, and  any individual the defendant                                                                    
     may  seek to  qualify  to furnish  expert testimony  at                                                                    
     trial."                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
CHAIR RAMRAS then indicated a preference for a different                                                                        
amendment.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS therefore withdrew Amendment 11.                                                                                   
                                                                                                                                
2:44:29 PM                                                                                                                    
                                                                                                                                
EPRESENTATIVE HOLMES made a motion to adopt Amendment 12,                                                                       
labeled 26-GH2859\A.3, Luckhaupt, 1/26/10, which read:                                                                          
                                                                                                                                
     Page 8, lines 3 - 31:                                                                                                      
          Delete all material and insert:                                                                                       
          "DIRECT COURT RULE AMENDMENT. Rule 16(b), Alaska                                                                      
     Rules  of Criminal  Procedure, is  amended by  adding a                                                                    
     new paragraph to read:                                                                                                     
     (9)   Restriction on  Availability of  Certain Material                                                                    
     or  Property.  Notwithstanding  (b)(1)(A)(iv)  of  this                                                                    
     rule,  the   court  shall  deny  any   request  by  the                                                                    
     defendant to copy,  photograph, duplicate, or otherwise                                                                    
     reproduce any property or material  that may be illegal                                                                    
     or  prohibited  under  AS 11.41.455(a)  or  defined  as                                                                    
     "child pornography" under 18  U.S.C. 2256, provided the                                                                    
     prosecution makes  the property or  material reasonably                                                                    
     available to the defendant.  Property or material shall                                                                    
     be  deemed  to  be  made reasonably  available  to  the                                                                    
     defendant   if   the   prosecution   provides,   at   a                                                                    
     prosecution    facility,    ample    opportunity    for                                                                    
     inspection,  viewing, and  examination of  the property                                                                    
     or   material  by   the   defendant,  the   defendant's                                                                    
     attorney, and any individual the  defendant may seek to                                                                    
     qualify to furnish expert testimony at trial."                                                                             
                                                                                                                                
CHAIR RAMRAS objected for the purpose of discussion.                                                                            
                                                                                                                                
MR.  LUCKHAUPT explained  that Amendment  12 mirrors  the federal                                                               
law that  outlines the conditions  under which  child pornography                                                               
materials can be  accessed by the defense.  He  mentioned that in                                                               
one case implicating  that federal law, the court  ruled in favor                                                               
of the  defense when it  was determined that the  prosecution did                                                               
not comply with the conditions of the law.                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that  language  in Amendment  12                                                               
lists three classes of people who  could have access to the child                                                               
pornography   materials  -   "the   defendant,  the   defendant's                                                               
attorney, and  any individual the  defendant may seek  to qualify                                                               
to furnish  expert testimony at  trial" - and  questioned whether                                                               
someone he  referred to  as "a lay  witness" shouldn't  also have                                                               
access to the child pornography material.                                                                                       
                                                                                                                                
MR. LUCKHAUPT  pointed out that  that would violate  federal law,                                                               
and  that if  any such  person were  truly essential  for a  fair                                                               
defense, the  provision would be  overridden anyway, and  thus no                                                               
additional class  of people need  be added  to the list  of those                                                               
who could access the child  pornography material.  In response to                                                               
comments, he  also pointed  out that  Amendment 12  [and existing                                                               
Section 16  of HB 298] address  the period of time  before a case                                                               
goes  to  trial,  and  said  he cannot  envision  any  such  "lay                                                               
witness"  needing  access  to child  pornography  materials  that                                                               
early on in the case.                                                                                                           
                                                                                                                                
CHAIR RAMRAS said  he supports Amendment 12 but  would oppose any                                                               
amendment to Amendment 12 that  would add another class of people                                                               
to  the list  of those  who  could access  the child  pornography                                                               
materials.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG questioned  whether,  if the  provision                                                               
could get struck  down in a situation where a  "lay witness" were                                                               
truly essential for the defense in  that phase of the case, there                                                               
should   be   language   added   to   preclude   any   associated                                                               
constitutional challenge.                                                                                                       
                                                                                                                                
MR. LUCKHAUPT offered his belief  that a constitutional challenge                                                               
would  be  unavoidable  at  that  point  anyway  because  of  the                                                               
supremacy clause.                                                                                                               
                                                                                                                                
CHAIR RAMRAS removed his objection to Amendment 12.                                                                             
                                                                                                                                
MR. SVOBODNY referred  to the language of Amendment  12 that says                                                               
in  part,  "Property or  material  shall  be  deemed to  be  made                                                               
reasonably  available   to  the  defendant  if   the  prosecution                                                               
provides,  at  a  prosecution  facility,  ample  opportunity  for                                                               
inspection, viewing, and examination  of the property or material                                                               
by ...", and  asked the committee to consider  including the term                                                               
"law enforcement facility"  as another location at  which to view                                                               
the  child  pornography  materials.     He  explained  that  such                                                               
evidence is generally kept at  law enforcement facilities, rather                                                               
than at prosecution facilities.                                                                                                 
                                                                                                                                
2:52:33 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a motion to  amend Amendment 12 such  that its                                                               
language  which currently  reads,  "at  a prosecution  facility,"                                                               
would be  changed to read,  "at a prosecution or  law enforcement                                                               
facility,".  There being no objection, Amendment 12 was amended,                                                                
                                                                                                                                
CHAIR RAMRAS,  observing that there  were no  further objections,                                                               
announced that Amendment 12, as amended, was adopted.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  was withdrawing  Amendment 13,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 8, lines 1 through 31:                                                                                                
          Strike section 16.                                                                                                    
                                                                                                                                
2:54:56 PM                                                                                                                    
                                                                                                                                
EPRESENTATIVE GATTO made a motion  to adopt Amendment 14, labeled                                                               
26-GH2859\A.21, Luckhaupt, 2/1/10, which read:                                                                                  
                                                                                                                                
     Page 1, line 2, following "minor;":                                                                                      
          Insert "relating to sex offenders and child                                                                         
     kidnappers;"                                                                                                             
                                                                                                                                
     Page 5, following line 6:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 11. AS 12.55.015(a) is amended to read:                                                                     
          (a)  Except as limited by AS 12.55.125 -                                                                              
        12.55.175, the court, in imposing sentence on a                                                                         
     defendant  convicted of  an offense,  may singly  or in                                                                    
     combination                                                                                                                
               (1)  impose a                                                                                                    
               [(A)]   fine  when authorized  by law  and as                                                                    
     provided in AS 12.55.035; [OR                                                                                              
               (B)  REPEALED]                                                                                                   
               (2)   order  the  defendant to  be placed  on                                                                    
     probation under conditions specified  by the court that                                                                    
     may include provision for active supervision;                                                                              
               (3)    impose  a definite  term  of  periodic                                                                    
     imprisonment, but  only if an employment  obligation of                                                                    
     the defendant  preexisted sentencing and  the defendant                                                                    
     receives  a composite  sentence  of not  more than  two                                                                    
     years to serve;                                                                                                            
               (4)   impose  a definite  term of  continuous                                                                    
     imprisonment;                                                                                                              
               (5)  order the  defendant to make restitution                                                                    
     under AS 12.55.045;                                                                                                        
               (6)    order the  defendant  to  carry out  a                                                                    
     continuous or periodic program  of community work under                                                                    
     AS 12.55.055;                                                                                                              
               (7)   suspend execution  of all or  a portion                                                                    
     of the sentence imposed under AS 12.55.080;                                                                                
               (8)   suspend  imposition  of sentence  under                                                                    
     AS 12.55.085;                                                                                                              
               (9)      order    the   forfeiture   to   the                                                                    
     commissioner  of  public  safety  or  a  municipal  law                                                                    
     enforcement agency of  a deadly weapon that  was in the                                                                    
     actual possession  of or used  by the  defendant during                                                                    
     the  commission of  an offense  described in  AS 11.41,                                                                    
     AS 11.46, AS 11.56, or AS 11.61;                                                                                           
               (10)       order    the   defendant,    while                                                                    
     incarcerated,  to participate  in  or  comply with  the                                                                    
     treatment  plan of  a  rehabilitation  program that  is                                                                    
     related   to  the   defendant's  offense   or  to   the                                                                    
     defendant's  rehabilitation  if  the  program  is  made                                                                    
     available  to  the  defendant   by  the  Department  of                                                                    
     Corrections;                                                                                                               
               (11)  order the forfeiture  to the state of a                                                                    
     motor   vehicle,   weapon,   electronic   communication                                                                    
     device,  or  money  or  other  valuables,  used  in  or                                                                    
     obtained through an offense that  was committed for the                                                                    
     benefit  of, at  the  direction of,  or in  association                                                                    
     with a criminal street gang;                                                                                               
               (12)     order  the  defendant  to   have  no                                                                    
     contact, either  directly or indirectly, with  a victim                                                                    
        or witness of the offense until the defendant is                                                                        
     unconditionally discharged;                                                                                            
               (13)  for a defendant convicted of an                                                                        
     offense  requiring  the  defendant  to  register  under                                                                
     AS 12.63, order  the defendant  to post  a sign  in the                                                                
     yard   of  the   defendant's   residence   or  on   the                                                                
     defendant's  door,  if  the   defendant  resides  in  a                                                                
     multifamily  residential  complex,   stating  that  the                                                                
     resident is a sex offender or child kidnapper."                                                                        
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 3:                                                                                                            
          Delete "Sections 1 - 15"                                                                                              
          Insert "Sections 1 - 16"                                                                                              
                                                                                                                                
     Page 9, line 5:                                                                                                            
          Delete "Section 16"                                                                                                   
     Insert "Section 17".                                                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE GATTO  offered that Amendment 14  would discourage                                                               
sex offenders  in other states  from moving to Alaska,  and would                                                               
encourage  sex offenders  in Alaska  to  move out  of state,  and                                                               
would  do so  by giving  the court  the authority,  should it  so                                                               
choose, to order sex offenders to  post a sign at their residence                                                               
stating  that they  are sex  offenders.   He indicated  that he's                                                               
heard complaints  from people that  they'd had no idea  they were                                                               
living near a sex offender,  and surmised that Amendment 14 would                                                               
address such situations.                                                                                                        
                                                                                                                                
CHAIR RAMRAS  expressed concern  with Amendment  14.   He relayed                                                               
his understanding  that when sex  offenders are unable to  find a                                                               
stable  living  situation,  they  are  more  prone  to  reoffend.                                                               
Furthermore,  such a  court  order could  endanger  the lives  of                                                               
those who have already served their time for their crime.                                                                       
                                                                                                                                
REPRESENTATIVE  GATTO argued  that such  a court  order would  be                                                               
discretionary  rather than  mandatory,  and so  perhaps it  would                                                               
only be ordered for repeat sex offenders.                                                                                       
                                                                                                                                
CHAIR  RAMRAS pointed  out that  such discretion  could create  a                                                               
problem in  and of  itself because  different standards  could be                                                               
applied by different  courts.  He added, "I'm not  certain that I                                                               
want to give that discretion to a judge."                                                                                       
                                                                                                                                
REPRESENTATIVE DAHLSTROM,  acknowledging that  point, nonetheless                                                               
expressed favor  with Amendment 14,  citing a desire to  focus on                                                               
the needs of victims rather than on the needs of perpetrators.                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES pointed out that  others may be living with                                                               
the offender  and such signage  could prove detrimental  to them,                                                               
and thus she  is not comfortable voting in favor  of Amendment 14                                                               
at this time.                                                                                                                   
                                                                                                                                
CHAIR RAMRAS  concurred that signage  influences the  behavior of                                                               
others.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  LYNN  indicated  a  preference  for  leaving  the                                                               
responsibility  of researching  the sex  offender registry  up to                                                               
the neighbors themselves.                                                                                                       
                                                                                                                                
CHAIR   RAMRAS   offered   an   example   in   concurrence   with                                                               
Representative Holmes's point.                                                                                                  
                                                                                                                                
3:01:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO,  citing an  investigative-type  television                                                               
program he'd  recently seen,  offered his  belief that  droves of                                                               
sex  offenders  are  still  seeking  victims,  still  seeking  to                                                               
reoffend,  and opined,  therefore, that  sex offenders  should be                                                               
driven out of the state.                                                                                                        
                                                                                                                                
CHAIR  RAMRAS questioned  whether Amendment  14 could  be amended                                                               
such  that it  could  only  be applied  to  those  who have  been                                                               
convicted of  a sex  offense and were  subject to  an aggravating                                                               
factor at sentencing.                                                                                                           
                                                                                                                                
REPRESENTATIVE GATTO,  in response  to other  questions, surmised                                                               
that  providing for  some discretion  would  still be  warranted,                                                               
particularly  with  regard  to   the  issues  of  compliance  and                                                               
enforcement.                                                                                                                    
                                                                                                                                
MR. LUCKHAUPT  indicated that such  a provision could  be limited                                                               
to  "aggravated sex  offenses," for  example, those  that require                                                               
lifetime registration.   He mentioned  that statutory  steps have                                                               
already  been  taken  to  encourage  people  to  access  the  sex                                                               
offender registry instead  of relying on signs  in sex offenders'                                                               
front yards, for example.                                                                                                       
                                                                                                                                
CHAIR RAMRAS suggested that more work be done on Amendment 14.                                                                  
                                                                                                                                
3:05:47 PM                                                                                                                    
                                                                                                                                
EPRESENTATIVE GATTO  said he'd  intended for  Amendment 14  to be                                                               
drafted such  that its proposed  court order could only  apply to                                                               
those convicted of sexual abuse of a minor crimes.                                                                              
                                                                                                                                
MR. LUCKHAUPT  indicated that he'd  instead drafted it  such that                                                               
it would apply to all those convicted of any sex offense.                                                                       
                                                                                                                                
CHAIR RAMRAS relayed that HB 298,  as amended, would be held over                                                               
[with  the motions  to adopt  Amendment 14  and Amendment  8 left                                                               
pending].                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG, on  the issue  of Amendment  14, noted                                                               
that he's heard  of situations in which the  perpetrator lives in                                                               
his/her vehicle, and therefore  questioned whether Amendment 14's                                                               
proposed  court  order  could  result in  a  sex  offender  being                                                               
required to post a sign on his/her vehicle.                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO said no.                                                                                                   
                                                                                                                                
REPRESENTATIVE DAHLSTROM  offered her  understanding that  such a                                                               
vehicle  would be  impounded by  law enforcement,  thus rendering                                                               
the issue moot.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG pointed  out,  however, that  Amendment                                                               
14's proposed court order could apply to "ex" offenders as well.                                                                
                                                                                                                                
[HB 298,  as amended,  was held  over with  the motions  to adopt                                                               
Amendment 14 and Amendment 8 left pending.]                                                                                     

Document Name Date/Time Subjects
2 HB298 Sectional.pdf HJUD 1/25/2010 1:00:00 PM
HJUD 1/27/2010 1:00:00 PM
HJUD 2/1/2010 1:00:00 PM
HB 298
3 HB298 version A.pdf HJUD 1/25/2010 1:00:00 PM
HJUD 1/27/2010 1:00:00 PM
HJUD 2/1/2010 1:00:00 PM
HB 298
1 HB298 HJUD Hearing Request.pdf HJUD 1/25/2010 1:00:00 PM
HJUD 1/27/2010 1:00:00 PM
HJUD 2/1/2010 1:00:00 PM
HB 298
9 Amendment pkt.pdf HJUD 2/1/2010 1:00:00 PM
4 HB298 CTS Fiscal Note.pdf HJUD 1/25/2010 1:00:00 PM
HJUD 1/27/2010 1:00:00 PM
HJUD 2/1/2010 1:00:00 PM
HB 298
5 HB298 DOC Fiscal Note.pdf HJUD 1/25/2010 1:00:00 PM
HJUD 1/27/2010 1:00:00 PM
HJUD 2/1/2010 1:00:00 PM
HB 298
6 HB298 PDA Fiscal Note.pdf HJUD 1/25/2010 1:00:00 PM
HJUD 1/27/2010 1:00:00 PM
HJUD 2/1/2010 1:00:00 PM
HB 298
7 HB298 LAW Fiscal Note.pdf HJUD 1/25/2010 1:00:00 PM
HJUD 1/27/2010 1:00:00 PM
HJUD 2/1/2010 1:00:00 PM
HB 298
8 HB298-DPS Fiscal Note.pdf HJUD 2/1/2010 1:00:00 PM
HB 298