Legislature(2005 - 2006)BELTZ 211

03/15/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled
= SB 54 PROTECTIVE ORDERS FOR SEXUAL ASSAULT
Moved CSSB 54(STA) Out of Committee
= SB 88 POLICY ON GENERAL FUND REVENUE SHORTFALL
Moved SB 88 Out of Committee
= SB 20 OFFENSES AGAINST UNBORN CHILDREN
Moved CSSB 20(STA) Out of Committee
          SB  54-PROTECTIVE ORDERS FOR SEXUAL ASSAULT                                                                       
                                                                                                                              
3:55:36 PM                                                                                                                    
                                                                                                                                
CHAIR   GENE  THERRIAULT   announced   SB  54   to   be  up   for                                                               
consideration. He noted the proposed committee substitute (CS).                                                                 
                                                                                                                                
3:56:38 PM                                                                                                                    
                                                                                                                                
SENATOR FRED  DYSON, sponsor,  said the intent  is to  add sexual                                                               
assault  to the  list of  crimes  on which  a judge  may issue  a                                                               
protective order. He noted that  the original drafting copied the                                                               
domestic  violence  statute  and  the proposed  CS,  version  \S,                                                               
copies the stalking  laws. This is more  appropriate because most                                                               
sexual assault  doesn't take place  in the context of  a domestic                                                               
relationship.                                                                                                                   
                                                                                                                                
JASON HOOLEY,  staff to  Senator Dyson,  added the  bill concerns                                                               
restraining  orders for  victims  of sexual  assault that  aren't                                                               
already covered under domestic violence.                                                                                        
                                                                                                                                
CHAIR THERRIAULT asked for a motion to adopt the \S version CS.                                                                 
                                                                                                                                
SENATOR THOMAS  WAGONER motioned  to adopt the  \S version  CS as                                                               
the  working  document.  There  being no  objection,  it  was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
3:59:19 PM                                                                                                                    
                                                                                                                                
CHAIR  THERRIAULT   noted  the  drafter  presented   a  technical                                                               
amendment.                                                                                                                      
                                                                                                                                
SENATOR DYSON  said he'd like the  Department of Law to  speak to                                                               
the amendment.                                                                                                                  
                                                                                                                                
4:01:06 PM                                                                                                                    
                                                                                                                                
ANNIE  CARPENETI, Criminal  Division,  Department  of Law  (DOL),                                                               
explained that when the domestic  violence protective orders bill                                                               
passed,  the intention  was  to  make it  a  crime  to violate  a                                                               
protective  order  only if  the  violation  was  made in  a  most                                                               
serious manner.  The reasoning is  that it doesn't make  sense to                                                               
make all kinds of protective order violations criminal.                                                                         
                                                                                                                                
Thus, the department  suggested that for SB 54,  violations of AS                                                               
18.66.105(c)(4) shouldn't  be a crime. Those  are possible orders                                                               
for repayment to the victim and the catchall "other remedies".                                                                  
                                                                                                                                
She suggested the proposed language  on page 2, lines 24-25 might                                                               
not be clear enough.                                                                                                            
                                                                                                                                
4:03:32 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT  noted the  proposed change on  page 1,  line 10                                                               
references "18.66.105(c)(1)-(3)"  and she spoke to  (c)(4), which                                                               
isn't included.                                                                                                                 
                                                                                                                                
MS.  CARPENETI  replied  she  assumes  most  stalking  protective                                                               
orders  have one  of the  provisions  in (c)(1)-(3)  and what  it                                                               
would say  is, "...containing a provision  in (c)(1)-(3) attempts                                                               
to commit  an act in  violation of the order  so it might  be the                                                               
act that's  in violation of (c)(4),  which we want to  make clear                                                               
would not be a criminal act."                                                                                                   
                                                                                                                                
CHAIR THERRIAULT  said he still  didn't understand how  you would                                                               
get to (c)(4) if the limitation is (c)(1)-(3).                                                                                  
                                                                                                                                
MS. CARPENETI acknowledged it's a minor drafting point.                                                                         
                                                                                                                                
SENATOR  DYSON  said 105(c)(4)  allows  the  judge to  order  the                                                               
perpetrator to  reimburse the victim  for assault bills.  If that                                                               
is  deleted, he  questioned the  leverage a  judge might  have to                                                               
force payment from the perpetrator.                                                                                             
                                                                                                                                
MS. CARPENETI  replied that remedy  wouldn't be deleted;  it just                                                               
provides that  it wouldn't be  a crime if the  perpetrator didn't                                                               
pay the  expenses the  judge ordered to  be paid.  Other remedies                                                               
exist and could  be imposed because if a person  violates a court                                                               
order, the judge may hold the person in contempt.                                                                               
                                                                                                                                
CHAIR THERRIAULT asked  Senator Dyson whether he  had any comment                                                               
on the modification of the amendment.                                                                                           
                                                                                                                                
SENATOR DYSON replied he did not.                                                                                               
                                                                                                                                
CHAIR   THERRIAULT   asked   Ms.   Carpeneti   to   restate   the                                                               
modification.                                                                                                                   
                                                                                                                                
MS. CARPENETI explained it may  be conceptual but the idea should                                                               
be,  "issued  under  AS 18.65.850,  18.65.855  or  18.65.860  and                                                               
containing   a  provision   listed  in   18.65.850(c)(1)-(3)  and                                                               
knowingly commits an  act in violation of the  order issued under                                                               
18.65.850(c)(1)-(3)."                                                                                                           
                                                                                                                                
CHAIR THERRIAULT asked the members  if they understood the impact                                                               
of the suggestion.                                                                                                              
                                                                                                                                
SENATOR WAGONER  stated his preference  was for the  amendment to                                                               
be written out.                                                                                                                 
                                                                                                                                
4:07:55 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT set SB 54 aside.                                                                                               
          SB  54-PROTECTIVE ORDERS FOR SEXUAL ASSAULT                                                                       
                                                                                                                              
CHAIR THERRIAULT announced  the committee would return  to SB 54.                                                               
The \S version CS was before  the committee and Ms. Carpeneti was                                                               
working on  a proposed amendment.  He questioned whether  she had                                                               
consulted with the drafters.                                                                                                    
                                                                                                                                
MS.  CARPENETI   said  she  hadn't,   but  Mr.  Hooley   and  the                                                               
legislative  lawyers addressed  her concerns.  She explained  the                                                               
proposed amendment.  On page 1, line  10 delete "18.66.105(c)(1)-                                                               
(5)"  and insert  "18.66.105(c)(1)-(3)  and on  page  1, line  14                                                               
delete "in violation  of the order" and insert  "that violates or                                                               
would violate a provision listed in AS 18.65.850(c)(1)-(3).                                                                     
                                                                                                                                
CHAIR THERRIAULT remarked  his comfort level always  goes up when                                                               
the  legislative attorneys  weigh in.  With that  he motioned  to                                                               
adopt the new  handwritten language as Amendment 1.  He asked Ms.                                                               
Carpeneti to  state her concern  and how the  amendment addresses                                                               
it.                                                                                                                             
                                                                                                                                
MS. CARPENETI explained  her concern was that it  hasn't been and                                                               
it  "shouldn't be  a  crime for  a  person to  commit  an act  in                                                               
violation of  a protective  order where the  judge has  adopted a                                                               
provision in the protective order  that's in a catchall provision                                                               
that's not  stated by  the Legislature."  She clarified  that the                                                               
amendment only deals with stalking protective orders.                                                                           
                                                                                                                                
CHAIR THERRIAULT  recapped it  would not  be an  additional crime                                                               
for  violation of  something that  the  committee couldn't  fully                                                               
contemplate what the judge might choose.                                                                                        
                                                                                                                                
MS.  CARPENETI agreed.  What the  judge  comes up  with might  be                                                               
perfectly appropriate,  but the  violation of  it shouldn't  be a                                                               
crime.                                                                                                                          
                                                                                                                                
5:21:01 PM                                                                                                                    
                                                                                                                                
CHAIR  THERRIAULT  noted  that  without  objection,  Amendment  1                                                               
passed. He asked Ms. Robinson to come forward.                                                                                  
                                                                                                                                
CAREN  ROBINSON, Alaska  Network on  Domestic Violence,  said the                                                               
network  continues  to  contend  that  it  fits  best  under  the                                                               
stalking   provisions   rather   than   the   domestic   violence                                                               
provisions, but  they want the  bill to  move and are  willing to                                                               
work with  the sponsor and clear  that point up in  the Judiciary                                                               
Committee.                                                                                                                      
                                                                                                                                
CHAIR THERRIAULT said he was  aware of the debate regarding which                                                               
section of statute the bill should  be under, but he wasn't clear                                                               
on the arguments.                                                                                                               
                                                                                                                                
SENATOR  ELTON  said he  understood  the  CS  moved it  into  the                                                               
stalking provisions.                                                                                                            
                                                                                                                                
SENATOR  DYSON said  he  too  was confused.  The  CS adopted  the                                                               
stalking language  but it isn't  under the stalking  provision as                                                               
Ms.  Robinson suggests.  He acknowledged  that  others share  her                                                               
opinion.                                                                                                                        
                                                                                                                                
CHAIR  THERRIAULT  noted three  zero  fiscal  notes and  one  for                                                               
$7,500 from  statewide support in  Public Safety and asked  for a                                                               
motion.                                                                                                                         
                                                                                                                                
SENATOR WAGONER  motioned to report  CSSB 54(STA), \S  version as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached  fiscal  notes. There  being  no  objection, it  was  so                                                               
ordered.                                                                                                                        

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