03/13/2008 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB278 | |
| HB333 | |
| HB354 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 278 | TELECONFERENCED | |
| *+ | HB 333 | TELECONFERENCED | |
| + | HB 354 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 13, 2008                                                                                         
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Andrea Doll                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 278                                                                                                              
"An Act relating to sex offenders and child kidnappers."                                                                        
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 333                                                                                                              
"An Act relating to the reporting of child pornography."                                                                        
                                                                                                                                
     - MOVED HB 333 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 354                                                                                                              
"An  Act  relating  to  subsidies   for  a  hard-to-place  child;                                                               
relating  to  criminal  sanctions   for  unlawful  disclosure  of                                                               
confidential  information  pertaining  to a  child;  relating  to                                                               
child  support  orders  in child-in-need-of-aid  and  delinquency                                                               
proceedings; and providing for an effective date."                                                                              
                                                                                                                                
     - MOVED CSHB 354(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 278                                                                                                                  
SHORT TITLE: SEX OFFENDER/CHILD KIDNAPPER REGISTRATION                                                                          
SPONSOR(S): REPRESENTATIVE(S) BUCH, DOLL, GRUENBERG                                                                             
                                                                                                                                
01/04/08       (H)       PREFILE RELEASED 1/4/08                                                                                
01/15/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/15/08       (H)       JUD, FIN                                                                                               
03/13/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 333                                                                                                                  
SHORT TITLE: COMPUTER PERSONS REPORT CHILD PORNOGRAPHY                                                                          
SPONSOR(S): REPRESENTATIVE(S) FAIRCLOUGH                                                                                        
                                                                                                                                
01/18/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/08       (H)       JUD                                                                                                    
03/13/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 354                                                                                                                  
SHORT TITLE: HARD-TO-PLACE CHILD SUBSIDY/CHILD SUPPORT                                                                          
SPONSOR(S): REPRESENTATIVE(S) COGHILL                                                                                           
                                                                                                                                
02/06/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/08       (H)       HES, JUD, FIN                                                                                          
02/28/08       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/28/08       (H)       Moved CSHB 354(HES) Out of Committee                                                                   
02/28/08       (H)       MINUTE(HES)                                                                                            
02/29/08       (H)       HES RPT CS(HES) NT 7DP                                                                                 
02/29/08       (H)       DP:     CISSNA,     KELLER,     GARDNER,                                                               
                         FAIRCLOUGH, SEATON, ROSES, WILSON                                                                      
03/13/08       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LAUREN RICE, Special Assistant                                                                                                  
Office of the Commissioner                                                                                                      
Department of Public Safety (DPS)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 278.                                                                                     
                                                                                                                                
KATHRYN MONFREDA, Chief                                                                                                         
Criminal Records and Identification Bureau                                                                                      
Division of Statewide Services                                                                                                  
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 278.                                                                                     
                                                                                                                                
PAYTON MEREDITH, Detective                                                                                                      
Fairbanks Police Department (FPD)                                                                                               
City of Fairbanks                                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 278.                                                                          
                                                                                                                                
RON TIDLER, Detective Sergeant                                                                                                  
Cyber Crimes Unit                                                                                                               
Anchorage Police Department (APD)                                                                                               
Municipality of Anchorage (MOA)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 278.                                                                          
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section                                                                                                          
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 278.                                                                                     
                                                                                                                                
ELIZABETH OUTEN, Staff                                                                                                          
to Representative Bob Buch                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 278 on behalf of                                                                         
Representative Buch, one of the joint prime sponsors of the                                                                     
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE ANNA FAIRCLOUGH                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 333; provided a                                                               
comment regarding HB 278.                                                                                                       
                                                                                                                                
RODNEY DIAL, Lieutenant, Deputy Commander                                                                                       
"A" Detachment                                                                                                                  
Division of Alaska State Troopers (AST)                                                                                         
Department of Public Safety (DPS)                                                                                               
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 333.                                                                                     
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Representative John Coghill                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 354, on behalf of the                                                                    
sponsor, Representative Coghill.                                                                                                
                                                                                                                                
JAN RUTHERDALE, Senior Assistant Attorney General                                                                               
Child Protection Section                                                                                                        
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 353.                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order at  1:08:26  PM.   Representatives  Dahlstrom,                                                             
Coghill, Holmes,  and Ramras were  present at the call  to order.                                                               
Representative Gruenberg arrived as  the meeting was in progress.                                                               
Representatives Samuels  and Lynn  were excused.   Representative                                                               
Doll was also in attendance.                                                                                                    
                                                                                                                                
HB 278 - SEX OFFENDER/CHILD KIDNAPPER REGISTRATION                                                                            
                                                                                                                                
1:09:43 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE BILL NO.  278, "An Act relating to sex  offenders and child                                                               
kidnappers."                                                                                                                    
                                                                                                                                
1:10:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM made  a motion  to adopt  the committee                                                               
substitute  (CS)  for  HB 278,  Version  25-LS1104\E,  Luckhaupt,                                                               
2/21/08, as the work draft.   There being no objection, Version E                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:10:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BOB  BUCH, Alaska  State Legislature,  speaking as                                                               
one of the  joint prime sponsors of HB 278,  stated that the bill                                                               
would require  sex offenders register their  e-mail addresses and                                                               
on-line identifiers.   He  characterized this  bill as  a "common                                                               
sense"  bill   that  would  update   Alaska's  laws   to  current                                                               
technology.   Currently, sex offenders  have access to  our homes                                                               
via computers, he stated.  He  surmised that since Alaska has the                                                               
highest  per capita  use  of  the Internet,  that  it places  our                                                               
children  at a  greater risk  from sexual  predators.   This bill                                                               
would provide  law enforcement officers  with an  additional tool                                                               
to apprehend  sex offenders  who may  be contacting  our children                                                               
on-line.   He explained that  information collected under  HB 278                                                               
would help parents  to identify sex offenders  who have contacted                                                               
their children on-line.                                                                                                         
                                                                                                                                
REPRESENTATIVE  BUCH relayed  that HB  278 will  bring Alaska  in                                                               
compliance  with  the federal  Adam  Walsh  Child Protection  and                                                               
Safety Act, legislation which organizes  sex offenders into three                                                               
tiers,  and mandates  that  Tier 3  offenders,  the most  serious                                                               
tier, update  their whereabouts  every three  months.   He stated                                                               
that failure  to register and  update residential  information is                                                               
made a  felony under  the Act.   The federal  Act also  creates a                                                               
national  sex  offender registry  and  instructs  each state  and                                                               
territory to  apply identical criteria for  posting offender data                                                               
on the  Internet.   Representative Buch  offered that  nine other                                                               
states have adopted similar legislation.                                                                                        
                                                                                                                                
1:12:19 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS referred  to language  on page  3, lines  15-19, in                                                               
proposed AS 12.63.010(c).   He stated that last  year he attended                                                               
a conference and  from information gained at  that conference was                                                               
persuaded  that   sex  offenders   would  be  alienated   by  the                                                               
notification  provisions   under  the  bill.     He  opined  that                                                               
oftentimes  sex offenders  are normal  people except  for a  huge                                                               
flaw.   Thus,  any attempt  by  the sex  offender to  "normalize"                                                               
his/her life  is disturbed, he opined,  since no one wants  a sex                                                               
offender living in their neighborhood.                                                                                          
                                                                                                                                
REPRESENTATIVE BUCH  recalled that the attorney  generals from 20                                                               
or so states were concerned  and devised language that would work                                                               
in all  states and that  would help the  public and would  curb a                                                               
sex offender's ability  to chat on-line.  This bill  acts to help                                                               
protect the sex offender as well  as to inform parents and police                                                               
of activities.   He  related that  the intent of  the bill  is to                                                               
require sex offenders  to register their e-mail  addresses and if                                                               
they do not do so the sex offender can be prosecuted.                                                                           
                                                                                                                                
CHAIR  RAMRAS  inquired  as  to  what  the  penalty  is  for  not                                                               
complying  with the  requirement to  register within  one working                                                               
day.                                                                                                                            
                                                                                                                                
REPRESENTATIVE BUCH  answered that not registering  an address or                                                               
an  electronic address  would result  in the  sex offender  being                                                               
charged with a  class A misdemeanor subject to one  year in jail,                                                               
with a minimum of serving 35 days in jail.                                                                                      
                                                                                                                                
CHAIR RAMRAS opined  that a significant portion  of sex offenders                                                               
are on probationary  status.  He maintained that  it is difficult                                                               
for sex offenders to find a place to live.                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG, speaking  as one  of the  bill's joint                                                               
prime sponsors, concurred.                                                                                                      
                                                                                                                                
REPRESENTATIVE BUCH acknowledged that point.                                                                                    
                                                                                                                                
CHAIR RAMRAS asked whether this  standard is too rigid, since the                                                               
sex offender is  likely also serving on probationary  status.  He                                                               
stated that  his goal is not  to allow "sex offenders  to hide in                                                               
the community."   He noted that  his line of questioning  is with                                                               
respect to  those sex  offenders who  are attempting  to re-enter                                                               
society and comply with sex offender registry requirements.                                                                     
                                                                                                                                
REPRESENTATIVE  BUCH relayed  his  understanding  that this  bill                                                               
mirrors  existing  language.     He  noted  that  currently,  sex                                                               
offenders must  provide written notice  of a change  in residence                                                               
by  the next  working day  to the  Alaska state  trooper post  or                                                               
municipal  police  department.    This  bill  would  extend  that                                                               
requirement  to changes  in an  electronic mail  address, instant                                                               
messaging address, or other Internet communication identifier.                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to   page  3,  line  10,  in                                                               
proposed AS  12.63.010(c), and expressed  a willingness  to offer                                                               
an amendment to change the reporting requirement to five days.                                                                  
                                                                                                                                
1:20:42 PM                                                                                                                    
                                                                                                                                
LAUREN  RICE,  Special  Assistant, Office  of  the  Commissioner,                                                               
Department  of Public  Safety (DPS),  stated that  the department                                                               
currently performs physical address  changes in one business day.                                                               
In  response to  Representative Ramras,  Ms. Rice  explained that                                                               
typically, the sex offender would  call the sex offender registry                                                               
to advise the  office that his/her address changed  and would fax                                                               
or mail in  the updated address information.   She explained that                                                               
if the  address change is  mailed in that  the notice of  the new                                                               
physical address  change would need  to be postmarked  within one                                                               
business day of the change.                                                                                                     
                                                                                                                                
CHAIR RAMRAS  inquired as to  the requirements for changes  to an                                                               
electronic  mail address,  instant messaging  address, and  other                                                               
Internet communication  identifier.   He opined  it would  be the                                                               
same standard for those addresses.                                                                                              
                                                                                                                                
MS. RICE noted her agreement.                                                                                                   
                                                                                                                                
1:23:54 PM                                                                                                                    
                                                                                                                                
KATHRYN  MONFREDA,  Chief,  Criminal Records  and  Identification                                                               
Bureau,  Division of  Statewide  Services,  Department of  Public                                                               
Safety (DPS),  related that part of  her duties is to  manage the                                                               
sex  offender  registry.    In  response  to  Chair  Ramras,  Ms.                                                               
Monfreda explained  that there  has not been  a problem  with the                                                               
requirement for  a one-day reporting  deadline.  She  stated that                                                               
in addition  to Ms. Rice's  testimony, another way to  report the                                                               
change of residence  is for the sex offender to  appear in person                                                               
at  the registry  office in  Anchorage, an  Alaska State  Trooper                                                               
post,  or a  Village  Public  Safety Officer  Post  (VPSO).   She                                                               
explained that is  the typical way that sex  offenders notify the                                                               
state  of changes  in  their status.   She  stated  that the  DPS                                                               
anticipates that  adding a requirement for  reporting an Internet                                                               
identifier  would be  simply a  matter  of changing  the form  to                                                               
include  space for  the  sex offender  to  report his/her  e-mail                                                               
address  and  any Internet  identifiers.    She opined  that  the                                                               
notification  process would  happen in  the same  way as  the sex                                                               
offender currently notifies the DPS of his/her physical address.                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG   inquired  as  to  whether   many  sex                                                               
offenders report changes past the 24-hour deadline.                                                                             
                                                                                                                                
MS.  MONFREDA  said   it  is  hard  to  pinpoint   that  type  of                                                               
statistics.   She  stated that  sex  offenders who  intend to  be                                                               
compliant seem to  make every effort to meet that  deadline.  She                                                               
clarified that the  requirement is to comply  within one business                                                               
day  so  if the  address  change  occurs  on  the weekend  it  is                                                               
required to  be reported on  Monday.   She surmised that  the DOL                                                               
could  better  advise  the  committee of  any  arrests  for  non-                                                               
compliance   of    the   current   sex    offender   registration                                                               
requirements.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG asked whether  the form requires the sex                                                               
offender to  report the date  the person  moved, and if  so, that                                                               
imposition   might  have   self-incrimination,  Fifth   Amendment                                                               
implications.                                                                                                                   
                                                                                                                                
MS.  MONFREDA   answered  that  the  sex   offender  registration                                                               
reporting form  has a space for  the date the form  is signed and                                                               
not the date of the sex offender's residence change.                                                                            
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS noted  that the requirement in the  Adam Walsh Child                                                               
Protection  and  Safety  Act allows  for  a  three-day  reporting                                                               
requirement.   He inquired as  to why the Alaska  statutes differ                                                               
from federal law.                                                                                                               
                                                                                                                                
MS. MONFREDA recalled  that the Alaska statutes  originally had a                                                               
more  lenient  requirement.   However,  sex  offenders  were  not                                                               
reporting at  all so the  department narrowed the deadline.   She                                                               
related that the federal definition  of "immediately" has come to                                                               
be known  as three  days for sex  offenders and  missing persons.                                                               
In  response  to  a  request  by  Representative  Gruenberg,  Ms.                                                               
Monfreda offered to furnish the  committee with specific language                                                               
from the Adam Walsh Child Protection and Safety Act.                                                                            
                                                                                                                                
REPRESENTATIVE BUCH  offered that  if a sex  offender is  using a                                                               
computer  to change  an address,  that  he/she has  the means  by                                                               
which to correct the address immediately.                                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES,  in response to Chair  Ramras, pointed out                                                               
that when  a person changes  his/her job, he/she  would typically                                                               
obtain a new e-mail address,  and that other reasons for changing                                                               
a provider also routinely happen.                                                                                               
                                                                                                                                
REPRESENTATIVE  BUCH, in  response to  Chair Ramras,  stated that                                                               
every e-mail address must be registered.                                                                                        
                                                                                                                                
REPRESENTATIVE     COGHILL     referred    to     proposed     AS                                                               
12.63.010(b)(1)(I),  which  requires  that each  electronic  mail                                                               
address,   instant   messaging   address,  and   other   Internet                                                               
communication identifier be registered.                                                                                         
                                                                                                                                
1:32:49 PM                                                                                                                    
                                                                                                                                
PAYTON  MEREDITH, Detective,  Fairbanks Police  Department (FPD),                                                               
City of  Fairbanks, stated that the  FPD is also a  member of the                                                               
Alaska Internet Crimes  Against Children Task Force.   He offered                                                               
the  Fairbanks  Police  Department's  support for  HB  278.    He                                                               
relayed that  his duties include the  investigation of possession                                                               
and  distribution of  child pornography  and distribution  within                                                               
the Fairbanks area.  The cases  are serious cases, he opined.  He                                                               
further  opined that  these crimes  are the  most heinous  crimes                                                               
that  he has  ever seen  in  his life.    Many of  the people  he                                                               
investigates ultimately are found  to be currently registered sex                                                               
offenders.  The  registry generally is imposed as  a condition of                                                               
bail, he stated.  One of  the most important provisions in HB 278                                                               
as it  pertains to  his job  is that the  sex offenders  would be                                                               
required to provide current e-mail  and Internet information.  He                                                               
offered that  the recidivism  rates for  sex offenders  are quite                                                               
high and the  child pornography recidivism rates are  the same as                                                               
for pedophilia.                                                                                                                 
                                                                                                                                
MR.  MEREDITH suggested  that perhaps  specifying exact  Internet                                                               
Protocol (IP) addresses assigned to  them by the Internet service                                                               
providers.  For example, if a  person rents a cable modem that is                                                               
static, the  person is  assigned an IP  address for  the computer                                                               
and computer/modem.   He offered that one way  that sex offenders                                                               
are  caught   trading  child  pornography   is  through   the  IP                                                               
addresses.  He opined that if  the investigator had access to the                                                               
IP  addresses   that  it  would   aid  them  in   conducting  the                                                               
investigation.                                                                                                                  
                                                                                                                                
MR. MEREDITH  offered that his  experience is that  sex offenders                                                               
can work out the details  with their probation officers when they                                                               
wish  to  relocate to  another  state.    He concluded  that  FPD                                                               
supports HB 278.                                                                                                                
                                                                                                                                
1:38:23 PM                                                                                                                    
                                                                                                                                
RON  TIDLER, Detective  Sergeant,  Cyber  Crimes Unit,  Anchorage                                                               
Police Department (APD), Municipality  of Anchorage (MOA), stated                                                               
that he  is the supervisor  of the Cyber  Crimes Unit and  is the                                                               
current commander of the Alaska  Internet Crimes Against Children                                                               
Task  Force.   He  offered  that  the  federal Adam  Walsh  Child                                                               
Protection  and  Safety  Act requires  that  sex  offenders  must                                                               
report  any  address  changes  within three  working  days.    He                                                               
concluded with APD's support for HB 278 as currently written.                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL inquired  as to  how the  APD anticipates                                                               
the process of enforcing the reporting requirements.                                                                            
                                                                                                                                
MR. TIDLER stated  that currently APD requires a  sex offender to                                                               
register his/her  physical address.   He offered that  the person                                                               
would be charged  in the event he/she does not  report an address                                                               
change.   However, he  opined that once  the person  complies and                                                               
reports  his/her current  residential address,  that the  charges                                                               
are  generally  dropped.     He  characterized  the  department's                                                               
efforts as desiring  to gain compliance rather  than to prosecute                                                               
sex  offenders.   He offered  his understanding  that due  to the                                                               
felony nature of the sex  offender crimes that sex offender would                                                               
generally be brought before a magistrate.                                                                                       
                                                                                                                                
CHAIR  RAMRAS acknowledged  the  problem  of widespread  predator                                                               
behavior on  the Internet  and offered  his hope  that additional                                                               
funds could be allocated to the apprehension efforts.                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES  referred to  the language  "other Internet                                                               
communication  identifier"  that  appears in  several  places  in                                                               
HB 278 and inquired as to what those "identifiers" might entail.                                                                
                                                                                                                                
REPRESENTATIVE   BUCH  explained   that  several   communications                                                               
mechanisms available and that are  frequently used by high school                                                               
teens and that each person is able to obtain several monikers.                                                                  
                                                                                                                                
REPRESENTATIVE HOLMES inquired as  to whether an identifier would                                                               
be a  "Facebook" or  "MySpace" identifier  and would  not include                                                               
logins for bank accounts or shopping.                                                                                           
                                                                                                                                
MR. TIDLER  acknowledged that the  bill would target the  type of                                                               
identifiers  such as  "Facebook  or MySpace  identifiers" and  to                                                               
also  prepare  for future  changes  in  technology.   He  further                                                               
offered his understanding that  the "other Internet communication                                                               
identifiers"  would  probably encompass  all  logins  in which  a                                                               
person transmits information to the public on the Internet.                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM  offered her  belief that  sex offenders                                                               
do not have  the same rights or freedoms  as law-abiding citizens                                                               
receive  since  the  sex  offender has  taken  actions  and  made                                                               
choices  that  have  led  to  consequences  of  adhering  to  sex                                                               
offender registration.  While she  related her understanding that                                                               
the  timing  might not  be  convenient,  that regardless  of  how                                                               
inconvenient it  might seem that  the sex offender registry  is a                                                               
consequence.                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  pointed out that  a broad spectrum of  crimes exist                                                               
that require  sex offender registry.   He opined that  75 percent                                                               
of  the people  on the  list have  committed the  worst types  of                                                               
crimes.   However,  he expressed  concern about  sweeping up  the                                                               
other  25 percent  that have  committed crimes  that fall  into a                                                               
different standard of conduct.                                                                                                  
                                                                                                                                
REPRESENTATIVE  HOLMES offered  that sometimes  logins require  a                                                               
social security number.                                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL  pondered whether the IP  address would be                                                               
sufficient.    He related  his  understanding  that the  tracking                                                               
would happen using the IP address.                                                                                              
                                                                                                                                
REPRESENTATIVE BUCH answered that  the legal drafter advises that                                                               
bank accounts are business accounts  and do not include the login                                                               
identification.                                                                                                                 
                                                                                                                                
CHAIR RAMRAS offered that the  committee is reviewing the bill to                                                               
identify any unintended consequences.                                                                                           
                                                                                                                                
REPRESENTATIVE DAHLSTROM recalled an  overview by Agent Flint who                                                               
related  that companies  are not  required to  keep a  log.   She                                                               
opined that the  IP address might not  provide investigators with                                                               
enough information.                                                                                                             
                                                                                                                                
REPRESENTATIVE  COGHILL  inquired  as  to the  value  of  the  IP                                                               
address  and  whether  the  login  for  chat  room  accounts  and                                                               
"MySpace"   is  the   identifier   that  is   most  valuable   to                                                               
investigators.                                                                                                                  
                                                                                                                                
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]                                                                   
                                                                                                                                
MR.  TIDLER  suggested  inserting   a  definition  for  "Internet                                                               
identifier."   He  noted that  Arizona has  a definition  that it                                                               
means,  "any electronic  e-mail address,  instant message,  chat,                                                               
social networking, or other  similar Internet communication name,                                                               
but  does not  include social  security numbers  (SSN), dates  of                                                               
birth, or personal identification numbers  (PIN).  He opined that                                                               
inserting  a   definition  might  make  committee   members  more                                                               
comfortable than just using the IP.                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL mentioned that he  is aware that he has an                                                               
IP address,  but he offered  that if he  were asked he  could not                                                               
provide the address.                                                                                                            
                                                                                                                                
MR. TIDLER  offered that the  IP address is the  address provided                                                               
by the Internet service provider  and is registered to a specific                                                               
computer and subscriber.                                                                                                        
                                                                                                                                
REPRESENTATIVE DAHLSTROM  offered that the Internet  provider can                                                               
also provide that information to the subscriber.                                                                                
                                                                                                                                
1:55:55 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal Division, Department  of Law (DOL), offered her                                                               
understanding that the bill drafters of  HB 278 did not intend to                                                               
include PIN or login identification  and the importance of having                                                               
the intent stated for the  record.  She related her understanding                                                               
that  those types  of communications  are not  with the  world in                                                               
general so that is the distinction.                                                                                             
                                                                                                                                
REPRESENTATIVE  COGHILL questioned  whether  the term,  "Internet                                                               
communication identifier"  should be made plural  and whether the                                                               
term should be defined.                                                                                                         
                                                                                                                                
MS. CARPENETI explained that the  bill drafters use singular, but                                                               
that it also  includes the plural.  She offered  that people have                                                               
many  addresses  and  that the  language  will  capture  multiple                                                               
instances.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS  inquired as to  whether to prohibit access  for sex                                                               
offenders  from being  able  to access  Internet  places such  as                                                               
"MySpace"  altogether in  the same  way that  they are  precluded                                                               
from  school zones.    He  inquired as  to  whether  it would  be                                                               
possible  to   exclude  sex  offenders  from   access  to  places                                                               
predators frequent.                                                                                                             
                                                                                                                                
1:59:32 PM                                                                                                                    
                                                                                                                                
MS.  CARPENETI   offered  that  such  restrictions   might  raise                                                               
concerns  about First  Amendment  rights, though  she noted  that                                                               
persons  on  the sex  offender  registry  do  not have  the  same                                                               
breadth  of rights.   It  might take  some research,  she opined.                                                               
She  pointed   out  that  the  practicality   of  enforcing  such                                                               
requirements might  pose problems  since computers  are available                                                               
in public libraries and stores.                                                                                                 
                                                                                                                                
CHAIR RAMRAS posed a scenario  in which a sex offender registers,                                                               
but  immediately enters  sites such  as "MySpace"  and chat  with                                                               
children.                                                                                                                       
                                                                                                                                
MS. CARPENETI  noted that statutes prohibit  online enticement of                                                               
minors so  once a sex offender  enters those sites that  they are                                                               
subject to apprehension and arrest.                                                                                             
                                                                                                                                
MR.  TIDLER  stated  that  statistically  40  to  80  percent  of                                                               
offenders viewing images on the  Internet also have inappropriate                                                               
contact with  children.  He offered  that one area that  is being                                                               
considered as  a condition of  probation is to ban  sex offenders                                                               
from  Internet  use  or  from using  computers  altogether.    He                                                               
recalled  one  instance in  which  a  sex offender  continued  to                                                               
traffic  pornography, however,  it took  nine months  to build  a                                                               
case to prove his trafficking  in child pornography.  In response                                                               
to Chair  Ramras, Mr. Tidler  stated that  even though it  may be                                                               
difficult  to enforce  laws that  many people  voluntarily comply                                                               
with laws.   However, it is  important to have the  laws in place                                                               
such  that when  people  violate  the law,  they  are subject  to                                                               
prosecution.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL offered  that he  is still  unclear about                                                               
the  use of  identifiers in  the bill.   He  surmised that  an IP                                                               
address is one  part of an identifier.  However,  the places that                                                               
a sex offender might visit on the Internet are specific sites.                                                                  
                                                                                                                                
MS. CARPENETI  answered that the  DPS has broad  regulatory power                                                               
under sex offender  registration statutes and she  opined that it                                                               
would be  possible that the  term "identifiers" could  be defined                                                               
in regulation.                                                                                                                  
                                                                                                                                
CHAIR  RAMRAS  offered  his  concern  that  sex  offenders  could                                                               
register and then use the computer to access and peruse sites.                                                                  
                                                                                                                                
MS. MONFREDA  answered that  using the  IP address  is not  a bad                                                               
idea.  However,  she offered that a mother who  is monitoring her                                                               
child would not know the IP  address of the person contacting her                                                               
child, but she  will know the identifier.   She acknowledged that                                                               
it could  be difficult  to interpret.   However, she  pointed out                                                               
that since the technology changes  so rapidly, it is difficult to                                                               
predict what  might be an identifier.   She opined that  the goal                                                               
is  to  help  law  enforcement  track the  sex  offender  who  is                                                               
visiting specific sites.                                                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL  surmised that law enforcement  is looking                                                               
for the  IP address to identify  who and where the  person is and                                                               
the  other identifiers  are  the  location of  an  image that  is                                                               
easily identified with the individual.                                                                                          
                                                                                                                                
MS. MONFREDA surmised that IP  addresses would include an address                                                               
so that law enforcement could check  to see what sites the person                                                               
visited.                                                                                                                        
                                                                                                                                
CHAIR RAMRAS  inquired as to  whether the legislature can  have a                                                               
sex  offender  requirement  for   someone  who  has  an  Internet                                                               
identifier, someone  who has a "handle."   He said that  he would                                                               
like to protect  Alaskans since predators are hanging  out on the                                                               
Internet,  such  that people  would  know  the  person is  a  sex                                                               
offender.                                                                                                                       
                                                                                                                                
2:10:32 PM                                                                                                                    
                                                                                                                                
ELIZABETH OUTEN,  Staff to Representative Bob  Buch, Alaska State                                                               
Legislature,   explained  that   the   way   that  an   "Internet                                                               
communication identifier" would  work under the bill  is that for                                                               
a "MySpace"  page or for a  "Facebook" page, the person  sign ups                                                               
and  creates a  handle.   She noted  that sex  offenders using  a                                                               
handle can communicate  with a multitude of people  on-line.  She                                                               
explained that the intent of this bill  is to allow a parent or a                                                               
police officer  to be able to  use those handles to  identify sex                                                               
offenders.   If the parent  views the child communicating  with a                                                               
specific handle, the  parent can check the  sex offender registry                                                               
to ensure  that the child is  not communicating with a  known sex                                                               
offender.                                                                                                                       
                                                                                                                                
CHAIR RAMRAS  offered that  the burden is  on the  parents rather                                                               
than to put the onus on  the sex offender to disclose that he/she                                                               
is a  sex offender.   Thus,  he opined,  it would  make HB  278 a                                                               
stronger bill as  a proactive piece of legislation  rather than a                                                               
reactive approach.  He surmised that  it might not be legal to do                                                               
so, but that is the approach he would like to see in the bill.                                                                  
                                                                                                                                
REPRESENTATIVE BUCH  characterized that approach as  a good idea,                                                               
but he  said that type  of identification isn't within  the scope                                                               
of HB 278.  He expressed that the  intent of HB 278 is to provide                                                               
police and parents with a tool to protect children.                                                                             
                                                                                                                                
2:13:09 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS suggested inserting  such an enforcement methodology                                                               
to  strengthen the  bill  would place  a  proactive element  into                                                               
HB 278.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  COGHILL noted  that  currently  the sex  offender                                                               
registry identifies  the person, but  that HB 278  would identify                                                               
where the person is and where he/she  is going.  He said he would                                                               
like clarification regarding the identifiers.                                                                                   
                                                                                                                                
CHAIR RAMRAS  expressed interest  in having the  onus on  the sex                                                               
offender to identify  his/her handle to reflect that  he/she is a                                                               
sex offender.                                                                                                                   
                                                                                                                                
[REPRESENTATIVE   FAIRCLOUGH,  later   in  the   meeting,  during                                                               
discussion of  another bill, opined  that the police  should have                                                               
complete  access to  sex offenders'  IP addresses  and should  be                                                               
able to track the history of all of their Internet sites.]                                                                      
                                                                                                                                
[HB 278, Version E, was held over.]                                                                                             
                                                                                                                                
HB 333 - COMPUTER PERSONS REPORT CHILD PORNOGRAPHY                                                                            
                                                                                                                                
2:17:03 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 333, "An Act  relating to the reporting  of child                                                               
pornography."                                                                                                                   
                                                                                                                                
2:18:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ANNA  FAIRCLOUGH,   Alaska  State   Legislature,                                                               
sponsor,  thanked the  committee  for its  proactive interest  in                                                               
combating  child  pornography  and in  holding  sexual  predators                                                               
accountable.    She  related  that  statistics  show  that  child                                                               
pornography generates  approximately $3 billion annually.   Thus,                                                               
people  are spending  more  than  $8.2 million  every  day.   She                                                               
explained that  HB 333 would add  individuals providing computer,                                                               
Internet, cellular telephone and related  services to the list of                                                               
individuals  who  are  required   to  report  finding  images  of                                                               
unlawful exploitation  of a minor.   She offered that one  of her                                                               
constituents repairs  computers and discovered  child pornography                                                               
on  computers  sent  in  for  repair.   She  surmised  that  some                                                               
computer repair services do not  report the pornography since the                                                               
computers belong to  their customers.  This bill  would level the                                                               
playing field  by ensuring that  all businesses report  any child                                                               
pornography.                                                                                                                    
                                                                                                                                
CHAIR RAMRAS referred  to page 1, line 11,  to "shall immediately                                                               
report" and inquired  as to what burden "shall" would  place on a                                                               
person who does not report child pornography.                                                                                   
                                                                                                                                
2:22:07 PM                                                                                                                    
                                                                                                                                
RODNEY  DIAL,  Lieutenant,   Deputy  Commander,  "A"  Detachment,                                                               
Division  of Alaska  State Troopers  (AST), Department  of Public                                                               
Safety (DPS),  stated that  "shall" generally  means by  the most                                                               
immediate  means available  so  if  the person  had  access to  a                                                               
telephone  would be  required to  notify law  enforcement of  the                                                               
discovery of child pornography.                                                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES  inquired as  to whether the  provisions in                                                               
HB 333 would be useful to law enforcement.                                                                                      
                                                                                                                                
LIEUTENANT  DIAL  offered  his  understanding  that  some  people                                                               
believe  that   releasing  the  information  would   represent  a                                                               
liability to the company or  personal liability.  Thus, this bill                                                               
would be  helpful since it will  offer them protection.   He said                                                               
he thought that it would increase  the number of people who would                                                               
report  these types  of  crimes without  first  checking with  an                                                               
attorney.   Thus,  it would  benefit law  enforcement in  dealing                                                               
with this problem.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG inquired as  to how enforcement would be                                                               
able to determine  who violated this law in instances  in which a                                                               
person is working for a company that processes photos.                                                                          
                                                                                                                                
LIEUTENANT  DIAL  answered  that  the DPS  might  not  know  that                                                               
information.   He opined that  the DPS would  use this bill  as a                                                               
tool to gather information and not  as a means to prosecute those                                                               
that aren't complying  with the law.  He explained  that the bill                                                               
could  help  speed  the process  of  obtaining  information  from                                                               
companies since  the DPS can point  to the statute as  a specific                                                               
requirement.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  inquired  as to  whether  the  company                                                               
would be prosecuted.                                                                                                            
                                                                                                                                
LIEUTENANT  DIAL surmised  that if  DPS knew  that a  company had                                                               
knowledge of the  requirement and were still  refusing to furnish                                                               
the child  pornography that the  DPS would  work with the  DOL to                                                               
determine whether a legal case could be made.                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  inquired as to whether  each picture or                                                               
film constitutes a violation.                                                                                                   
                                                                                                                                
LIEUTENANT  DIAL  surmised  that   the  violation  would  be  the                                                               
knowledge of  evidence of child pornography  would constitute one                                                               
failure to report.                                                                                                              
                                                                                                                                
2:26:17 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS, after first determining  that no one else wished to                                                               
testify, closed public testimony on HB 333.                                                                                     
                                                                                                                                
REPRESENTATIVE HOLMES offered her support for HB 333.                                                                           
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH stated  that the  statistics that  she                                                               
previously provided  came from the  January 2007, KTUU  report by                                                               
Angela  Unruh.   She later  provided a  comment regarding  a bill                                                               
that was heard earlier in the meeting.                                                                                          
                                                                                                                                
2:27:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 333 out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 333 was reported  from the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
HB 354 - HARD-TO-PLACE CHILD SUBSIDY/CHILD SUPPORT                                                                            
                                                                                                                                
2:29:37 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL NO. 354, "An Act  relating to subsidies for a hard-to-                                                               
place  child;   relating  to  criminal  sanctions   for  unlawful                                                               
disclosure  of confidential  information pertaining  to a  child;                                                               
relating  to child  support  orders  in child-in-need-of-aid  and                                                               
delinquency proceedings;  and providing  for an  effective date."                                                               
[Before the committee was CSHB 354(HES).]                                                                                       
                                                                                                                                
2:30:27 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Representative  John  Coghill,  Alaska                                                               
State  Legislature,  on  behalf of  the  sponsor,  Representative                                                               
Coghill, explained that the legislation  was brought forth by the                                                               
Office  of Children's  Services (OCS),  the Department  of Health                                                               
and Social  Services (DHSS), the  Department of Law (DOL),  and a                                                               
private family  law practice in  Fairbanks, Alaska.   She related                                                               
that the  firm had  a client  who turned 18,  had lived  with his                                                               
mother and step-father  for 18 years and wanted to  be adopted by                                                               
his step-father,  but could  not due to  a conflict  in language.                                                               
She  explained that  proposed AS  25.23.050(a)(7)  would allow  a                                                               
person 18  years old to be  adopted without notice or  consent of                                                               
the parent.                                                                                                                     
                                                                                                                                
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]                                                                   
                                                                                                                                
MS. MOSS noted that two amendments  to the bill, suggested by the                                                               
DOL, would  clean up HB 354.   She referred to  proposed language                                                               
in  Section 2,  and  said it  is no  longer  necessary since  the                                                               
proposed changes to Section 1  deleted the language that required                                                               
the court to dispense with consent of a parent.                                                                                 
                                                                                                                                
MS.  MOSS, in  response  to Representative  Gruenberg, noted  her                                                               
agreement that proposed Section 3 is also being deleted.                                                                        
                                                                                                                                
REPRESENTATIVE  HOLMES asked  for  clarification  whether all  of                                                               
proposed Sections 2 and 3 of HB 354 would be deleted.                                                                           
                                                                                                                                
MS.   MOSS   referred  to   page   2,   line  29,   in   proposed                                                               
AS 25.23.100(a),  and advised  that  only the  words, "Except  as                                                               
provided in  (k) of  this section,  at" are  being deleted.   She                                                               
further  referred  to  page  3,  line 3,  and  advised  that  the                                                               
language  "(7)"  is  also  being deleted.    She  explained  that                                                               
Section 4  is being  revised to reflect  that small  monthly sums                                                               
are not always necessary, such as  in cases in which the child is                                                               
adopted at birth, with no  evidence of physical or mental issues.                                                               
She stated that this language  will allow the department to defer                                                               
a subsidy unless  a physical or mental issue arose,  but that the                                                               
subsidy would  be limited to foster  care rates.  Ms.  Moss noted                                                               
that Section 5 would add  language to reflect that when requested                                                               
by the  governor, that  the Office of  Public Advocacy  (OPA) and                                                               
other  agencies and  would have  to provide  certain confidential                                                               
information.     This   clarifies  that   if  a   person  obtains                                                               
information  under  that  section   of  law  and  discloses  that                                                               
information,   that  the   person   could  be   convicted  of   a                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG,  in response to  Representative Holmes,                                                               
offered  that a  violation would  not be  a class  B misdemeanor,                                                               
because the fine is only $500.                                                                                                  
                                                                                                                                
2:36:01 PM                                                                                                                    
                                                                                                                                
JAN   RUTHERDALE,  Senior   Assistant  Attorney   General,  Child                                                               
Protection Section,  Civil Division  (Juneau), Department  of Law                                                               
(DOL), answered  that she  thought that  Representative Gruenberg                                                               
is correct.  She offered that  she works in the civil section and                                                               
not the criminal section of the DOL.                                                                                            
                                                                                                                                
REPRESENTATIVE  COGHILL opined  that this  is over  an infraction                                                               
but is only up to $500.                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  opined  that  this  bill  has  similar                                                               
language as in Title  28, since the fines are up  to $500 and are                                                               
misdemeanor fines.                                                                                                              
                                                                                                                                
MS. RUTHERDALE  agreed that the  fine is up  to $500 and  that it                                                               
constitutes a misdemeanor.                                                                                                      
                                                                                                                                
MS.  MOSS  referred to  proposed  Sections  6  and 9,  which  she                                                               
explained  clarify that  the child  support services  division is                                                               
authorized to establish child  support orders administratively as                                                               
is the  court.   She noted  that a  proposed amendment  exists to                                                               
delete proposed Section 7.   She explained that subsection (a) is                                                               
unchanged, but that a proposed  subsection (b), which is language                                                               
from  a  bill  that  Representative Gara  introduced,  says  that                                                               
nothing  in this  subsection can  be construed  as prohibiting  a                                                               
civil  action for  negligence or  wrongful  death if  a child  is                                                               
injured or dies while in custody of the state.                                                                                  
                                                                                                                                
2:39:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL made a motion  to adopt Amendment 1, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 4, lines 12-15:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
MS.  MOSS   referred  to   page  4,   lines  12-15   in  proposed                                                               
AS 47.10.960,  and advised  that  Amendment 1  would delete  this                                                               
language.  She explained that it  is unnecessary to say,  "Except                                                               
as provided  in (b) of this  section."  She noted  that Section 8                                                               
was added  to clarify  that the  state can be  held liable  for a                                                               
civil  action for  negligence or  wrongful  death if  a child  is                                                               
injured or dies while in state custody.                                                                                         
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
2:40:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL made a motion  to adopt Amendment 2, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 2, line 29:                                                                                                           
                                                                                                                                
     After "petition."                                                                                                          
           Delete "Except as provided in (k) of this                                                                            
     section, at [AT]"                                                                                                          
          Insert "At"                                                                                                           
                                                                                                                                
     Page 3, line 3:                                                                                                            
     After "(6)"                                                                                                                
          Delete "(7)"                                                                                                          
     Page 3, lines 6-11:                                                                                                        
          Delete all material                                                                                                   
                                                                                                                                
MS.  MOSS explained  that Amendment  2  would delete  unnecessary                                                               
language because  in proposed  Section 1 on  page 2,  line 13-15,                                                               
language was  deleted that  requires the  court to  dispense with                                                               
parental  consent since  the  child  is 18  and  no longer  would                                                               
require parental consent.                                                                                                       
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
VICE CHAIR  DAHLSTROM, after first  determining that no  one else                                                               
wished to  testify, advised that  public testimony on HB  354 was                                                               
previously closed.                                                                                                              
                                                                                                                                
2:42:58 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  moved to report  CSHB 354(HES), as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  354(JUD)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:43 p.m.                                                                 
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