Legislature(2005 - 2006)BUTROVICH 205

03/24/2005 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 12 URGE CONFIRM US SUPREME COURT NOMINEES TELECONFERENCED
Moved CSSJR 12(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 118 ONLINE ENTICEMENT OF MINOR
Moved CSSB 118(JUD) Out of Committee
= SB 119 BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS
Moved CSSB 119(JUD) Out of Committee
               SB 118-ONLINE ENTICEMENT OF MINOR                                                                            
                                                                                                                                
9:03:51 AM                                                                                                                    
CHAIR SEEKINS announced SB 118 to be up for consideration.                                                                      
                                                                                                                                
SENATOR FRENCH  advised the committee  the concern in  their last                                                               
meeting was  that SB 118 could  create an overlap with  sex abuse                                                               
of  a minor  in first  degree and  sex abuse  of a  minor in  the                                                               
second  degree.  He  discussed  the  issue  at  length  with  the                                                               
Department  of Law.  In case  of an  overlap, SB  118 would  only                                                               
carve out those individuals who  are conducting online enticement                                                               
of a minor.                                                                                                                     
                                                                                                                                
9:05:36 AM                                                                                                                    
SENATOR FRENCH  made a motion  to adopt Amendment  1,labeled A.1,                                                               
which was suggested by Dean Guaneli.                                                                                            
                                                                                                                                
                                                      24-LS0577\A.1                                                             
                                                         Luckhaupt                                                              
                                                           11/3/05                                                              
                       A M E N D M E N T                                                                                    
                                                                                                                                
OFFERED IN THE SENATE                         BY SENATOR FRENCH                                                                 
     TO:  SB 118                                                                                                                
                                                                                                                                
Page 1, following line 12:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(c)  In a prosecution under this section, it is not                                                                  
     necessary for the prosecution to show that the act                                                                         
     described in AS 11.41.255(a)(1) - (7) was actually                                                                         
     committed."                                                                                                                
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Page 1, line 13:                                                                                                                
     Delete "(d)"                                                                                                               
     Insert "(e)"                                                                                                               
                                                                                                                                
SENATOR  THERRIAULT objected  pointing out  the statute  cited in                                                               
the amendment did not exist. He  corrected the statute to read AS                                                               
11.41.455.                                                                                                                      
                                                                                                                                
SENATOR FRENCH agreed.                                                                                                          
                                                                                                                                
CHAIR  SEEKINS noted  the technical  correction  and, hearing  no                                                               
objections, adopted Amendment 1.                                                                                                
                                                                                                                                
9:08:09 AM                                                                                                                    
SENATOR  FRENCH commented  Dean  Guaneli would  provide a  fiscal                                                               
note in time for the next committee hearing of SB 118.                                                                          
                                                                                                                                
9:09:10 AM                                                                                                                    
SENATOR GRETCHEN GUESS moved SB 118 out of committee as amended                                                                 
with individual recommendations and attached zero fiscal notes.                                                                 
Hearing no objections, the motion carried.                                                                                      

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