Legislature(2005 - 2006)BUTROVICH 205
05/02/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB414 | |
| HB190 | |
| HB258 | |
| HB442 | |
| HB258 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 414 | TELECONFERENCED | |
| += | HB 190 | TELECONFERENCED | |
| + | HB 258 | TELECONFERENCED | |
| += | HB 442 | TELECONFERENCED | |
HB 258-SEXUAL ASSAULT BY PERSON WITH HIV/AIDS
10:05:25 AM
CHAIR RALPH SEEKINS announced HB 258 to be up for consideration.
[Although not mentioned or formally adopted, the committee used
SCS CSHB 258, \Y Version Work Draft, as the working document.]
REPRESENTATIVE BOB LYNN introduced the bill, which would make a
rape or sexual assault by anyone infected with HIV/AIDS an
aggravating factor at sentencing. The issue is not about sexual
orientation and has support from a variety of agencies, he
stated.
Twenty-four states have similar laws and, considering Alaska
leads the nation in rapes and sexual assault, is time that
Alaska joined them. The bill is a proactive measure that
acknowledges the additional pain and suffering of the victims.
A new section was recently added at the request of Senator Con
Bunde to correct an error in the statutes made by SB 218, which
the governor has signed into law. The new section clarifies that
the crime of "sexual abuse of a minor in the second degree when
engaging in consensual sexual penetration" is committed when the
age difference is at least three years and the offender is in a
position of authority.
10:09:38 AM
SENATOR GRETCHEN GUESS stated for the record that Senator Con
Bunde and she both asked Representative Lynn to add that new
section to the bill. She questioned using the word "fear" on
page 2, line 26 and suggested that could be misconstrued and
used as an aggravating factor.
MIKE SICA, Staff to Representative Lynn, responded that the word
was added in the House Judiciary Committee due to the fear
factor during the extended time span that a victim has to wait
to find out whether or not they contracted the disease from the
assault.
10:12:39 AM
SENATOR HOLLIS FRENCH referred to Section 1 and asked the reason
for setting the bar at 18 years old.
SUSAN PARKES, Deputy Attorney General, Department of Law (DOL),
advised the committee that Senator French is correct in that the
arithmetic doesn't make sense but the statute prior to SB 218
reads that way and the bill would return the statute to the
previous law.
SENATOR FRENCH moved Amendment 1. Page 2, line 15, delete "18"
and insert "19." Hearing no objections, Amendment 1 was adopted.
MS. PARKES noted there would be a title change on the bill since
it adds Section 1. She expressed support for the bill on behalf
of the DOL.
10:17:26 AM
SENATOR FRENCH asked how assaults by persons infected with
HIV/AIDS have been handled in the past.
MS. PARKES said the DOL tries to use the aggravator "most
serious" and that has become more difficult to use since the
case Washington v Blakely.
SENATOR FRENCH asked whether the DOL had concerns over the use
of the word "fear" on page 2, line 26.
MS. PARKES responded she was not at the hearing where it was
added on but it would have to be a reasonable fear. Part of the
DOL's concern involving penetration is that there are cases
where a jury may find an "attempt" or they hang on "penetration"
but convict on "contact." They would be able to use the
aggravator because of the "fear" risk. She said she was not
concerned that it would cause problems.
SENATOR FRENCH asked whether the offender would have to have
AIDS for the aggravator to be used.
MS. PARKES responded they would have to have been previously
diagnosed. A judge would not allow the aggravator to be used if
the person didn't have the disease.
CHAIR SEEKINS noted there was no opposition to the bill.
SENATOR GUESS asked the Chair to hold the bill so that the
committee could make sure it was correct before moving it out.
CHAIR SEEKINS said he had no problem holding CSHB 258(JUD) until
the next day so the committee could "see the clean language."
HB 258-SEXUAL ASSAULT BY PERSON WITH HIV/AIDS
10:49:20 AM
CHAIR RALPH SEEKINS brought discussion back to HB 258. [Although
not formally adopted, before the committee was the amended SCS
CSHB 258, \Y Version Work Draft.]
SENATOR GRETCHEN GUESS indicated that the earlier amendment was
causing drafting problems that the Department of Law would
articulate.
SUSAN PARKES, Deputy Attorney General, Department of Law (DOL),
advised the committee that the drafter noted that although the
math does not appear to make sense, the use of the age "18" is
simply an indicator of the age of adulthood and is the reason
for the use. The drafter does not recommend replacing the age 18
with 19 as suggested in Amendment 1 of the bill.
SENATOR FRENCH said he would have to take issue with the
drafter.
MR. SICA offered to re-check with the drafter but said his other
point was that being 18 years of age "or older" helps the
mathematics work out.
SENATOR GUESS agreed.
SENATOR FRENCH disagreed. He said the way the math charts out is
that no 18 year old can violate this law.
SENATOR GUESS said there are nine other places in the statute
that refer back to it and it will work out.
CHAIR SEEKINS agreed.
10:52:07 AM
SENATOR FRENCH moved to rescind the committee action. [The
committee previously adopted Amendment 1 to SCS CSHB 258,
Version \Y.] Hearing no objection, the motion carried.
CHAIR SEEKINS asked for a motion to move the bill without
amendment.
SENATOR FRENCH moved SCS CSHB 258(JUD) from committee with
individual recommendations and attached fiscal notes. Hearing no
objection, the motion carried.
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