Legislature(2005 - 2006)BUTROVICH 205
03/29/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB343 | |
| HB272 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 343 | TELECONFERENCED | |
| += | HB 272 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 343-HARASSMENT/ASSAULT/STALKING
8:43:50 AM
CHAIR RALPH SEEKINS announced CSHB 343(JUD) AM to be up for
consideration.
REPRESENTATIVE BOB LYNN introduced the bill, which was requested
by correctional officers across the state as a measure of
protection from inmates who assault them with bodily fluids.
Currently, most assaults with bodily fluids or feces can only be
charged as a class B misdemeanor. The bill creates the crime of
harassment in the first degree for anyone who subjects another
person to offensive physical contact with human or animal
"blood, mucus, saliva, semen, urine, vomit, or feces" and
classifies that crime as a class A misdemeanor.
Twenty-six states have enacted similar legislation and 19 of
those classify the assaults as felonies. Alaska should at least
raise this crime up one level and provide for a minimum sentence
of 60 days in jail when the offensive is directed at
correctional officers, law enforcement, and first responders.
8:47:50 AM
REPRESENTATIVE LYNN urged the committee to move the bill out
today.
8:48:27 AM
SENATOR GENE THERRIAULT referred to page 2, line 17, and asked
the reason for including animal bodily fluids.
MICHAEL SICA, Staff to Representative Bob Lynn, responded the
bill protects more than just correctional officers although it
is important to note that the Point McKenzie Correctional Farm
does have animals.
8:49:18 AM
Senator Hollis French joined the committee.
CHAIR SEEKINS advised that kids often have fights with cow and
horse manure. He asked whether that was considered.
REPRESENTATIVE LYNN suggested that law enforcement officers and
prosecutors have discretion as to who they seek to prosecute.
MR. SICA added the harassment statute specifies that one would
have to commit the act with the intent to annoy or harass.
8:50:47 AM
SENATOR FRENCH noted the statute requires intent, which is the
highest level of criminal liability. He asked whether the
Department of Law (DOL) considered lowering that to a "knowing"
standard in order to make it easier to prosecute.
MR. SICA deferred to the Department of Law.
8:52:22 AM
VERNON MARSHAL, Lobbyist, testified in support of the bill.
8:53:47 AM
ANNE CARPENETI, Assistant Attorney General, Department of Law
(DOL) advised that the Department supports the bill.
SENATOR FRENCH restated his earlier question regarding lowering
the intent standard to a "knowing" standard, at least in the
case of harassment in the first degree.
MS. CARPENETI agreed that "knowing" would be an easier standard
to prove. Several of the provisions under AS 11.61.120(a)
preserve the First Amendment rights to expression. HB 343 was
drafted to cross-reference the current statute. It would be easy
to prove that a person who engaged in this type of behavior
intended to annoy somebody because the acts are so specific and
unpleasant.
SENATOR FRENCH suggested there could be a case of a first degree
[misdemeanor] with a knowing standard and then a second degree
[misdemeanor] with an intentional standard and they would be
reversed in severity.
MS. CARPENETI said she was not concerned given the subject of
the act.
8:57:43 AM
SENATOR THERRIAULT asked Ms. Carpeneti the reason for putting
the act under harassment. The definition of "harass" is to annoy
or torment repeatedly. He asked whether one instance could be
defined as harassment.
MS. CARPENETI responded under AS 11.61.120(a)(5) it would be. In
the harassment law, some of the provisions deal with speech such
as offensive telephone calls at odd hours. For physical contact,
one time would be enough for the DOL to be able to prosecute.
She said she did not know the reason for drafting it under
harassment but said it was a logical place for it.
8:59:52 AM
CHAIR SEEKINS posed the hypothetical situation of children
throwing horse manure at each other and asked whether that would
be a violation of the law.
MS. CARPENETI replied since they are juveniles the conduct of
harassment would be very difficult to prove.
PORTIA PARKER, Deputy Commissioner, Department of Corrections
(DOC) introduced herself and said the Department does support
the bill.
CHAIR SEEKINS asked Ms. Parker how often these types of
incidences occur in the correctional system.
MS. PARKER advised the DOC surveyed the state facilities and
reported that approximately 150 incidences of this type of
harassment occurs each year. Currently they deal with this
situation in the system but the bill would heighten the penalty
and reduce the instances.
9:02:13 AM
CHAIR SEEKINS noted that the fiscal notes showed zero. He asked
whether there might be a fiscal impact from an increased
sentence.
MS. PARKER responded that it would have a fiscal impact for the
DOC in the form of a sixty-day sentence for those charged and
convicted. She could not speculate as to the number of cases
that would be prosecuted.
SENATOR HUGGINS complimented the Point McKenzie Correctional
Farm system.
SENATOR GUESS asked Ms. Parker to address the issue regarding
animals.
MS. PARKER said that would be more for incidences outside the
correctional institutions. Police officers and first responders
often deal with combative people who might use animal waste to
ward them off. She did not believe it was anything that would
come up in the correctional facilities.
9:05:33 AM
DANIEL COLANG, President, Alaska Correctional Officer's
Association, advised the committee that there were approximately
700 correctional officers across the state. He said correctional
officers "walk the toughest beat in law enforcement." Very few
people know what goes on behind the walls of a correctional
institution but suffice to say officers deal with people at
their very worst. Correctional officers know the dangers and
risks of their duties and the incidences of officers getting
assaulted with bodily fluids are not uncommon.
OFFICER COLANG related a personal situation and stated the job
is dangerous enough without having to worry about someone
assaulting them with bodily fluids. He encouraged the committee
to move the bill forward.
9:09:05 AM
MAY BARNEY, Correctional Officer at Fairbanks Correctional
Center, testified in support of the bill. She related a personal
story of a prisoner assaulting her.
9:14:07 AM
CHAIR SEEKINS closed public testimony and called a brief recess.
9:15:40 AM
SENATOR HUGGINS moved CSHB 343(JUD) am from committee with
individual recommendations and attached fiscal notes. There
being no objections, the motion carried.
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