Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/12/2014 01:30 PM Senate JUDICIARY
Audio | Topic |
---|---|
Start | |
SB173 | |
SB187 | |
SB186 | |
SB200 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 187 | TELECONFERENCED | |
*+ | SB 186 | TELECONFERENCED | |
= | SB 173 | ||
= | SB 200 | ||
SB 187-CHILD WELFARE; CONFIDENTIAL INFORMATION 2:51:20 PM CHAIR COGHILL reconvened the meeting and announced the consideration of SB 187. "An Act relating to the crime of endangering the welfare of a child in the second degree; relating to the crime of misconduct involving confidential information in the first degree; amending Rule 16(d)(3), Alaska Rules of Criminal Procedure; and providing for an effective date." This was the first hearing. He noted the proposed committee substitute (CS). 2:51:55 PM SENATOR DYSON moved to adopt committee substitute (CS) for SB 187, labeled 28-LS1145\N, as the working document. CHAIR COGHILL objected for an explanation of the changes found in Version N. 2:52:17 PM RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State Legislature, Juneau, Alaska, explained that the first four sections of the original bill were removed, because endangering the welfare of a child in the second degree is already in statute as an aggravator. The bill now addresses an incident that occurred last year when an attorney gave a defendant a video of an interview and it ultimately appeared on YouTube. SB 187 provides a class A misdemeanor under misconduct involving confidential information in the first degree for anyone who distributes or publishes audios or videos of interviews of children that are conducted for criminal and child protection investigations. It also includes distribution of photographs from medical examinations. The rest of the bill addresses three court rules that include that confidentiality language; two are under criminal rules and one is under Child in Need of Aid (CINA). The bill also has an applicability section and effective date. She noted that the bill was brought to Senator Coghill by the Alaska Children's Justice Act Task Force. SENATOR WIELECHOWSKI reviewed AS 11.41.410-11.41.440 to understand what they address. MS. MOSS advised that they address sexual assault in the first, second third, and fourth, degree; and sexual abuse of a minor in the first, second, third, and fourth degree. SENATOR COGHILL added that these are about interviews in child advocacy centers and are videoed so the court has a record. MS. MOSS said the evidence that is in the hands of the attorney and the defendant is allowed to see the evidence, but is not allowed to have physical possession of the evidence. Section 2 provides exceptions; with permission from the victim or the minor's parent or guardian, the recorded material may be used for training by law enforcement. 2:56:35 PM SENATOR MCGUIRE suggested the exception in Section 2, paragraph (C) should be clear that a minor does not consent. MS. MOSS replied it's a policy call, but the current language does say the material may be released with consent of the parent or guardian unless he/she is the perpetrator. SENATOR MCGUIRE asked the members to make sure the permission on page 2, line 19, sub (ii), doesn't default to the victim in sub (i), if the minor's parent or guardian is the perpetrator. MS. MOSS suggested inserting "adult" on page 2, line 18, sub (i), to ensure that only an adult victim could consent. SENATOR MCGUIRE expressed support for the suggestion. CHAIR COGHILL agreed it would clarify than only an adult victim could consent. 2:58:32 PM SENATOR WIELECHOWSKI directed attention to the court rule in Section 3 and expressed concern that by criminalizing distribution an attorney who circulates the material within his/her law firm or gives the audio to secretarial staff to transcribe appears to have broken the law. The court rule says that's not the case, but the law in statute reads otherwise. MS. MOSS said she had the same concern. CHAIR COGHILL marked that as a point the Department of Law could address in a subsequent hearing. 2:59:28 PM SENATOR WIELECHOWSKI requested DOL's interpretation of the applicability section on page 5. It appears to envision prosecuting someone for conduct that occurred before the law goes into effect. MS. MOSS offered her interpretation is that it would apply upon conviction. SENATOR WIELECHOWSKI restated his desire to discuss the matter with DOL. CHAIR COGHILL suggested the committee discuss on Friday this point and Senator McGuire's question about consent. MS. MOSS noted that the other concern was tightening the language on page 3, line 30 through page 4, line 3. 3:01:05 PM CHAIR COGHILL stated he would hold SB 187 in committee for further consideration.
Document Name | Date/Time | Subjects |
---|---|---|
Sponsor Statement.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
CLASS C FELONIES.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
Legal Memo.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
LTR FROM LAW - CSAC.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION (PATILLO).pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
Opposition to Motion to declare as 11.71.140 Invalid Unconstitutional (Patillo).pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
Reply to SOA Opposition to Motion Unconstitutional (Patillo).pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
Seriousness of Class A Misdemeanor Offenses.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
CSAC - Duties & Authority.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 186 |
CINA Rule 8.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |
Criminal Procedure Rule 16(d).pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |
Marked Up Version for CS w Memo.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |
SB187-DOA-PDA-03-07-14.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |
SB187-DOC-OC-03-07-14.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |
SB187-LAW-CRIM-03-07-14.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |
Sponsor Statement (S)JUD CS.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |
Sectional (S)JUD CS.pdf |
SJUD 3/12/2014 1:30:00 PM |
SB 187 |