Legislature(2001 - 2002)

05/03/2001 06:56 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 32(JUD)                                                                                
     "An Act relating to  the forfeiture of property used to possess                                                            
     or distribute child  pornography, to commit indecent viewing or                                                            
     photography,  to  commit  a  sex offense,  or  to  solicit  the                                                            
     commission  of,  attempt  to  commit,  or  conspire  to  commit                                                            
     possession  or  distribution  of  child  pornography,  indecent                                                            
     viewing or photography, or a sexual offense."                                                                              
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOE HAYES  read the sponsor statement into the record                                                            
as follows.                                                                                                                     
                                                                                                                                
     As  the use of  computers and  the Internet  expands so  too do                                                            
     crimes  involving the  use of these  technologies. One  area of                                                            
     particular  concern  is  sex crimes  against  children.  Adults                                                            
     prone  to abusing children will  use the Internet to  solicit a                                                            
     minor for  sex or to set up a meeting with a  child in order to                                                            
     rape  or  abuse  the  child.  Further,  Many  people,  who  are                                                            
     inclined  to  distribute or  view  child pornography,  are  now                                                            
     using their computers  to do so. These are new technologies and                                                            
     the  state still  has  relatively few  tools  for dealing  with                                                            
     criminals  using these  technologies.  HB 32  provides us  with                                                            
     another tool to use in combating sexual predators.                                                                         
                                                                                                                                
     Across  the  country   and  at  the  federal  level  there  are                                                            
     forfeiture  laws in  place. Several other  states already  have                                                            
     laws on  the books specifically  relating to the forfeiture  of                                                            
     computers  used  in sex  crimes. The  use of  computers in  sex                                                            
     crimes  is a national  problem.  As more and  more states  pass                                                            
     forfeiture  legislation  it is  becoming  increasingly  obvious                                                            
     that this  is a useful and valuable  tool in the fight  against                                                            
     computer crimes.                                                                                                           
                                                                                                                                
     HB 32 would  make it possible for the police  to stay on top of                                                            
     this  rapidly changing  industry  without  spending more  state                                                            
     dollars. Advances  in computer technologies seem to happen on a                                                            
     daily  basis. New  technology  can often  "outwit" last  year's                                                            
     model,  leaving the  police at  a large  disadvantage in  their                                                            
     attempt  to curb crimes  committed with  the aid of the  newest                                                            
     technology.  In order  for the  police to  combat computer  and                                                            
     Internet  crimes  effectively  it is  imperative  that they  be                                                            
     constantly provided with new hardware.                                                                                     
                                                                                                                                
     Under  AS 12.55.015(c) the court  may award forfeited  property                                                            
     or a percentage  of it to any municipal law enforcement  agency                                                            
     involved  in the arrest  or conviction  of the defendant.  This                                                            
     would  allow  the courts  to  pass on  seized property  to  the                                                            
     police  so that the police can  stay up to date with  available                                                            
     technology in a cost-effective manner.                                                                                     
                                                                                                                                
     HB 32  is designed to  help protect our  children in a  twofold                                                            
     manner:  1) forfeiture  is a proven tool  in the fight  against                                                            
     crime, and 2) the  forfeited property can be given to our local                                                            
     law enforcement  agencies in order to help make  sure that they                                                            
     have  the necessary tools  to protect  our children. I  ask for                                                            
     your support in passing this legislation.                                                                                  
                                                                                                                                
Representative  Hayes pointed  out  changes to  the intent  language                                                            
made  in the Senate  Judiciary  Committee,  which cite  case law  to                                                            
"make it  absolutely positively  airtight"  that the only  equipment                                                            
that could be seized was  that owned by the perpetrator and not by a                                                            
third party.  He showed that Section  3 of the committee  substitute                                                            
specifies that  property owned by  an employer could not  be seized.                                                            
                                                                                                                                
Representative  Hayes referenced information  provided showing  some                                                            
cases that this new law  would apply. He also referred to letters of                                                            
support  and one  letter in  opposition to  the bill  from a  nudist                                                            
organization  [not provided] regarding  their concerns with  vehicle                                                            
forfeiture. He  assured their concerns were addressed  in the Senate                                                            
Judiciary   committee  substitute   with  language  that   specifies                                                            
computers as the only equipment that could be taken.                                                                            
                                                                                                                                
Representative  Hayes  then directed  the Committee's  attention  to                                                            
other  information  regarding   how  forfeitures  work  as  well  as                                                            
statutes  from  other  states.  [Copies  on  file.]  He  noted  this                                                            
legislation is "the most  progressive" language on the West Coast of                                                            
the United States addressing these types of crimes.                                                                             
                                                                                                                                
Senator  Ward   asked  if  this  legislation   includes   e-mail  of                                                            
pornography materials.                                                                                                          
                                                                                                                                
Representative  Hayes  answered that  it does  not. He  told of  law                                                            
enforcement  organizations that infiltrate  Internet chat  rooms and                                                            
other areas to  locate suspected pedophiles and perpetrators  of sex                                                            
crimes. He  noted that if  a person receives  a pornographic  e-mail                                                            
message, but deletes it  and does not pass it along to another user,                                                            
that person would not be subject to the provisions of this law.                                                                 
                                                                                                                                
Senator Leman  asked if the  person who sent  a pornographic  e-mail                                                            
could  be prosecuted  and  under this  legislation,  forfeits  their                                                            
computer equipment.                                                                                                             
                                                                                                                                
Representative   Hayes  did  not  think  so  unless  the  intent  is                                                            
distribution rather  than a joke. He assured that  this question has                                                            
been addressed in other committees.                                                                                             
                                                                                                                                
Senator  Leman hoped  the forfeiture  provision  would apply  saying                                                            
that it does happen occasionally.                                                                                               
                                                                                                                                
Senator Green  asked if the  penalties proposed  in the bill  are in                                                            
addition to other  punishment. She asserted, "this  is a lot of work                                                            
to take someone's computer if they're not being punished."                                                                      
                                                                                                                                
Representative  Hayes replied that only upon conviction  as a sexual                                                            
predator could computer equipment could be seized.                                                                              
                                                                                                                                
Senator  Ward  asked  about  equipment  belonging  to the  State  of                                                            
Alaska.                                                                                                                         
                                                                                                                                
Representative  Hayes reiterated that  the intent language  inserted                                                            
by the Senate Judiciary  Committee specifies legislative intent that                                                            
only equipment  owned by the perpetrator could be  seized. He stated                                                            
that equipment  owned by an employer,  parent, spouse, etc.,  of the                                                            
offender could not be confiscated.                                                                                              
                                                                                                                                
Co-Chair  Donley   drew  attention   to  the  committee   substitute                                                            
provision  setting   the  procedure  for  the  utilization   of  any                                                            
confiscated equipment.                                                                                                          
                                                                                                                                
Co-Chair  Donley  asked  why  there  is  no  fiscal  note  from  the                                                            
Department of Law.                                                                                                              
                                                                                                                                
Representative Hayes explained  there would be no additional expense                                                            
to the  Department of Law  because conviction  on child pornography                                                             
charges would  automatically provide  for equipment seizure  without                                                            
the need for additional specific prosecution.                                                                                   
                                                                                                                                
Senator  Ward  shared  that  Department   of  Public  Safety  Deputy                                                            
Commissioner  Del Smith relayed  to him that  it is not against  the                                                            
law  to  send an  e-mail  using  another  person's  e-mail  address.                                                            
Senator Ward suggested  this legislation could be  used to make such                                                            
a practice illegal.                                                                                                             
                                                                                                                                
Representative  Hayes was unsure how  this could be done  since this                                                            
legislation  is specifically directed  to child pornography  and sex                                                            
crimes.  He again  detailed the  process of  investigators  entering                                                            
chat rooms using an alias as a child to attract child abusers.                                                                  
                                                                                                                                
Senator  Ward ascertained  this  legislation  is "pretty  broad  and                                                            
covers a lot of  territory." He stated that having  no law making it                                                            
illegal to  send pornography using  another person's e-mail  address                                                            
"could be  a problem." He  gave a scenario  of someone distributing                                                             
pornography from the governor's address.                                                                                        
                                                                                                                                
Senator Hoffman suggested  Senator Ward introduce new legislation to                                                            
address this matter.                                                                                                            
                                                                                                                                
Senator Ward wanted to  hold the bill in Committee so he could draft                                                            
an amendment  to make such a practice  illegal. He also stated  that                                                            
impersonating  a public servant is shown to be against  the law, but                                                            
is actually not, according to the Department of Public Safety.                                                                  
                                                                                                                                
Co-Chair  Donley understood  the  concerns  but did  not think  this                                                            
issue complied with the title of the bill.                                                                                      
                                                                                                                                
Senator Ward asserted  that he was certain, "the sponsor  would want                                                            
to do  whatever is  necessary in  order to protect  the public  from                                                            
these sexual predators."                                                                                                        
                                                                                                                                
Co-Chair Donley noted the  bill has the support of the Committee and                                                            
requested  the sponsor  work with  Senator Ward  on addressing  this                                                            
matter.  He  stated the  bill  would  be reconsidered  at  the  next                                                            
meeting.                                                                                                                        
                                                                                                                                
Co-Chair Donley ordered the bill HELD in committee.                                                                             
                                                                                                                                

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