Legislature(2005 - 2006)BUTROVICH 205

04/26/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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Audio Topic
01:34:33 PM Start
01:37:27 PM SCR28
01:39:35 PM SB281
02:06:21 PM Overview: Obesity Prevention – American Heart Association
02:52:16 PM HB258
03:01:11 PM HB393
03:28:01 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SCR 28 TECHNOLOGY FOR DISTANCE EDUCATION TELECONFERENCED
Heard & Held
+= SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON TELECONFERENCED
Heard & Held
+ OVERVIEW: American Heart Association - TELECONFERENCED
Obesity Prevention
+ HB 258 SEXUAL ASSAULT BY PERSON WITH HIV/AIDS TELECONFERENCED
Moved CSHB 258(JUD) Out of Committee
+ HB 393 INSURANCE FOR COLORECTAL CANCER SCREENING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
      CSHB 258(JUD)-SEXUAL ASSAULT BY PERSON WITH HIV/AIDS                                                                  
                                                                                                                                
CHAIR  DYSON  announced  CSHB  258(JUD) would  be  taken  up  for                                                               
consideration.                                                                                                                  
                                                                                                                              
REPRESENTATIVE  BOB  LYNN, sponsor  of  HB  258, said  that  CSHB
258(JUD) makes  rape or  sexual assault  by anyone  infected with                                                               
HIV/AIDS an aggravating  factor in sentencing.  He  said that how                                                               
or  why the  perpetrator may  have acquired  HIV/AIDS is  not the                                                               
issue,  the sexual  orientation  of the  perpetrator  is not  the                                                               
issue,  and any  perceived  stigma that  someone associates  with                                                               
this life  threatening disease  is not  the issue.   The  bill is                                                               
only  about  whether  a  convicted   rapist  or  sexual  predator                                                               
previously  diagnosed  with  HIV/AIDS  should be  subject  to  an                                                               
aggravating factor  at sentencing  for committing a  horrific and                                                               
life changing crime.                                                                                                            
                                                                                                                                
He  said that  this legislation  has received  tremendous support                                                               
from  both  law  enforcement  officials  and  victims  of  sexual                                                               
assault, and  remarked that Anchorage Police  Chief, Walt Monegan                                                               
described a  sexual predator with  HIV/AIDS as an  assailant with                                                               
an  insidious weapon  that  can  be used  to  further strike  out                                                               
against  victims and  victim's loved  ones.   He then  quoted the                                                               
following from Susan Sullivan, Executive  Director of Victims for                                                               
Justice:                                                                                                                        
                                                                                                                                
     Adding months of terror and possibly years of illness                                                                      
      and a shortened life to the horror of rape makes an                                                                       
     attack by an HIV positive rapist a horrendous assault.                                                                     
                                                                                                                                
REPRESENTATIVE LYNN noted that GERAD  G. GODFREY, Chairman of the                                                               
Violent Crimes  Compensation Board,  urges passage of  this bill.                                                               
He stated  that 24 states  throughout the country have  laws that                                                               
specifically  criminalize exposure  or transmission  of HIV/AIDS,                                                               
and that  it is time  that Alaska joins these  states considering                                                               
that it has the highest rate of sexual assault in the nation.                                                                   
                                                                                                                                
CHAIR DYSON asked how an aggravating factor affects sentencing.                                                                 
                                                                                                                                
2:52:16 PM                                                                                                                    
                                                                                                                                
SUSAN  PARKES,   Deputy  Attorney  General,   Criminal  Division,                                                               
Department  of Law,  who responded  that an  aggravator allows  a                                                               
judge to go  beyond the presumptive sentencing range  that is set                                                               
for  a  given  offence.    She  added  that  the  finding  of  an                                                               
aggravator does not require a judge to enhance a sentence.                                                                      
                                                                                                                                
2:53:10 PM                                                                                                                    
                                                                                                                                
CHAIR DYSON remarked that the  committee has heard testimony from                                                               
police  officers who  have had  bodily fluids  thrown at  them by                                                               
persons at least purported to  have HIV.  He asked Representative                                                               
Lynn  whether  he  had  considered that  kind  of  assault  while                                                               
drafting the legislation.                                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN replied that he had not.                                                                                    
                                                                                                                                
MIKE SICA,  staff to Representative  Lynn, noted that  the Alaska                                                               
Correctional   Officers  Association   and   the  Public   Safety                                                               
Employees  Association  support  this  bill   and  see  it  as  a                                                               
protection  for  them, although  the  primary  protection is  for                                                               
victims of sexual assault.                                                                                                      
                                                                                                                                
BRENDA STANFILL,  from the Center for  Non-Violence, testified in                                                               
support  of   CSHB  258(JUD)  and  made   herself  available  for                                                               
questions.                                                                                                                      
                                                                                                                                
CHAIR DYSON asked  whether anyone had testified  in opposition to                                                               
the bill.                                                                                                                       
                                                                                                                                
MR. SICA  replied that  a representative  of the  Alaska Alliance                                                               
for AIDS Awareness testified against  the bill out of concern for                                                               
the stigma that any bill that mentions HIV/AIDS might cause.                                                                    
                                                                                                                                
2:56:34 PM                                                                                                                    
                                                                                                                                
SENATOR  GREEN moved  to report  CSHB 258(JUD)  out of  committee                                                               
with individual  recommendations and no fiscal  notes. There were                                                               
no objections and it was so ordered.                                                                                            
                                                                                                                                

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