05/04/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB19 | |
| SB145 | |
| SB18 | |
| SB157 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | HB 19 | ||
| = | SB 145 | ||
| = | SB 18 | ||
| = | SB 157 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 4, 2007
1:40 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski
Senator Gene Therriault
MEMBERS ABSENT
Senator Charlie Huggins, Vice Chair
Senator Lesil McGuire
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 19(FIN)
"An Act relating to ignition interlock devices; to limited
driver's license privileges; and to ignition interlock limited
driver's license privileges."
MOVED SCS CSHB 19(JUD) OUT OF COMMITTEE
SENATE BILL NO. 145
"An Act relating to municipal impoundment and forfeiture."
MOVED SB 145 OUT OF COMMITTEE
SENATE BILL NO. 18
"An Act relating to property foreclosures and executions; and
amending Rule 65, Alaska Rules of Civil Procedure."
HEARD AND HELD
SENATE BILL NO. 157
"An Act relating to human trafficking and prostitution."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 19
SHORT TITLE: LTD. DRIVER'S LICENSES/IGNITION INTERLOCK
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) STA, JUD, FIN
02/01/07 (H) STA AT 8:00 AM CAPITOL 106
02/01/07 (H) Moved CSHB 19(STA) Out of Committee
02/01/07 (H) MINUTE(STA)
02/05/07 (H) STA RPT CS(STA) NT 6DP 1NR
02/05/07 (H) DP: JOHNSON, JOHANSEN, ROSES,
GRUENBERG, DOLL, LYNN
02/05/07 (H) NR: COGHILL
02/12/07 (H) JUD AT 1:00 PM CAPITOL 120
02/12/07 (H) Heard & Held
02/12/07 (H) MINUTE(JUD)
02/19/07 (H) JUD AT 1:30 PM CAPITOL 120
02/19/07 (H) Moved CSHB 19(JUD) Out of Committee
02/19/07 (H) MINUTE(JUD)
02/21/07 (H) JUD RPT CS(JUD) NT 2DP 4NR 1AM
02/21/07 (H) DP: LYNN, RAMRAS
02/21/07 (H) NR: COGHILL, DAHLSTROM, SAMUELS, HOLMES
02/21/07 (H) AM: GRUENBERG
02/28/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/28/07 (H) Scheduled But Not Heard
03/05/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/05/07 (H) Heard & Held
03/05/07 (H) MINUTE(FIN)
03/27/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/27/07 (H) Moved CSHB 19(FIN) Out of Committee
03/27/07 (H) MINUTE(FIN)
03/28/07 (H) FIN RPT CS(FIN) NT 8DP 3NR
03/28/07 (H) DP: GARA, FOSTER, CRAWFORD, NELSON,
THOMAS, JOULE, MEYER, CHENAULT
03/28/07 (H) NR: HAWKER, STOLTZE, KELLY
03/30/07 (H) TRANSMITTED TO (S)
03/30/07 (H) VERSION: CSHB 19(FIN)
04/02/07 (S) READ THE FIRST TIME - REFERRALS
04/02/07 (S) JUD, FIN
04/25/07 (S) JUD AT 1:30 PM BELTZ 211
04/25/07 (S) Heard & Held
04/25/07 (S) MINUTE(JUD)
BILL: SB 145
SHORT TITLE: MUNIS IMPOUND/FORFEIT MOTOR VEHICLE
SPONSOR(s): SENATOR(s) MCGUIRE
03/28/07 (S) READ THE FIRST TIME - REFERRALS
03/28/07 (S) CRA, JUD
04/24/07 (S) CRA AT 3:30 PM BELTZ 211
04/24/07 (S) Moved CSSB 145(CRA) Out of Committee
04/24/07 (S) MINUTE(CRA)
04/25/07 (S) CRA RPT CS 4DP NEW TITLE
04/25/07 (S) DP: OLSON, WAGONER, STEVENS, KOOKESH
04/30/07 (S) JUD AT 1:30 PM BELTZ 211
04/30/07 (S) Heard & Held
04/30/07 (S) MINUTE(JUD)
BILL: SB 18
SHORT TITLE: PROPERTY FORECLOSURES AND EXECUTIONS
SPONSOR(s): SENATOR(s) BUNDE
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) L&C, JUD, FIN
03/13/07 (S) L&C AT 1:30 PM BELTZ 211
03/13/07 (S) Heard & Held
03/13/07 (S) MINUTE(L&C)
03/15/07 (S) L&C AT 1:30 PM BELTZ 211
03/15/07 (S) Scheduled But Not Heard
03/20/07 (S) L&C AT 1:30 PM BELTZ 211
03/20/07 (S) Moved CSSB 18(L&C) Out of Committee
03/20/07 (S) MINUTE(L&C)
03/21/07 (S) L&C RPT CS 3DP 2NR NEW TITLE
03/21/07 (S) DP: ELLIS, BUNDE, DAVIS
03/21/07 (S) NR: STEVENS, HOFFMAN
03/28/07 (S) JUD AT 1:30 PM BELTZ 211
03/28/07 (S) Heard & Held
03/28/07 (S) MINUTE(JUD)
04/20/07 (S) JUD AT 1:30 PM BELTZ 211
04/20/07 (S) -- MEETING CANCELED --
BILL: SB 157
SHORT TITLE: TRAFFICKING/PROSTITUTION/SEXUAL ABUSE
SPONSOR(s): SENATOR(s) DYSON
04/18/07 (S) READ THE FIRST TIME - REFERRALS
04/18/07 (S) STA, JUD, FIN
04/20/07 (S) STA REFERRAL WAIVED
04/30/07 (S) JUD AT 1:30 PM BELTZ 211
04/30/07 (S) Scheduled But Not Heard
WITNESS REGISTER
Mike Pawlowski, Aide
Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 19 for the sponsor
Paula Scovera, Special Assistant
Department of Labor & Workforce
Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Commented on forthcoming fiscal note for
SB 145
Jane Alberts, Staff
Senator Bunde
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained provisions of SB 18 for the
sponsor
Stephen Routh, Attorney
Routh Crabtree, APC
Anchorage, AK
POSITION STATEMENT: Presented sectional analysis for SB 18
Senator Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 157
Rick Svobodny, Deputy Attorney General
Criminal Division
DCCO
Department of Law
Juneau, AK
POSITION STATEMENT: Responded to questions related to SB 157
ACTION NARRATIVE
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:40:02 PM. Present at the call to
order were Senator Wielechowski, Senator Therriault, and Chair
French.
CSHB 19(FIN)-LTD. DRIVER'S LICENSES/IGNITION INTERLOCK
CHAIR FRENCH announced the consideration of HB 19 and asked for
a motion to adopt Version \R.
1:40:23 PM
SENATOR THERRIAULT motioned to adopt Senate committee substitute
(CS) for CSHB 19, Version \R, labeled 25-LS0133\R, as the
working document before the committee. There being no objection,
it was so ordered.
MIKE PAWLOWSKI, Aide to Representative Kevin Meyer, advised that
the sponsor wants him to convey that merging the two proposals
creates a more comprehensive program. The pieces of the bill
that are intact from the original version are found in Sections
1 and 3. Section 1 is clean up language related to ignition
interlock devices in the tampering statutes Section 3 is
conforming language.
CHAIR FRENCH explained that Version\ R combines Representative
Meyer's limited license interlock bill and the interlock bill he
had been working on. The limited license interlock is available
on a first, second or third DWI as long as the terms of the
limited license haven't been violated. Section 4 says if you've
violated the terms of the limited license then it's no longer an
option. The remaining sections deal with ignition interlocks
during the period of probation for having been convicted of DWI.
Currently there is a year of interlock for a first conviction,
two years for a second conviction, three years on a third
conviction, and throughout the period of probation after that.
Also there is a uniform standard for where and when ignition
interlocks are used. Basically that tracks the person's
insurance requirements, he stated.
1:43:10 PM
MR. PAWLOWSKI relayed that the sponsor believes that the Chair's
interpretation of how to deal with smaller communities and the
insurance exemption leads to a more predictable outcome as
opposed to leaving it to the courts.
CHAIR FRENCH stated that it was a pleasure to work with him and
Representative Meyer. He described this as a bold new experiment
in DWI prosecution because it will require ignition interlocks
for every person who is convicted of DWI. He thanked Senator
Wielechowski for his work on that idea. "It seems to be working
in New Mexico and Alaska has had a long and tragic history…with
DWI, and there doesn't seem to be any downside to giving this a
go," he stated.
MR. PAWLOWSKI added that the probation lengths that the Chair
put in correspond well with the Department of Public Safety's
letter that talks about the amazing gains in recidivism in
Canadian provinces that have a similar provision. He noted it's
in the neighborhood of 80 plus percent.
CHAIR FRENCH said we're all hopeful.
1:44:28 PM
SENATOR THERRIAULT asked him to clarify whether it's a
recidivism rate of 80 percent or 80 percent of the people.
MR. PAWLOWSKI clarified that it's a decrease in recidivism in 80
percent of the people.
SENATOR THERRIAULT asked about the fiscal impact.
MR. PAWLOWSKI said HB 19 had a fiscal note from the Division of
Motor Vehicles (DMV) relating to producing a new license. In the
first year the impact is $76 thousand with personal services
comprising the largest component. Contractual services
represents programming for the DMV data base that would be done
in only the first year. Each subsequent year the cost is $59
thousand, which is paid for by the application fees.
CHAIR FRENCH moved 25-LS0133\R.1 as Amendment 1 and objected for
discussion purposes.
25-LS0133\R.1
Luckhaupt
7/11/09
AMENDMENT 1
Page 3, line 6, following "and":
Insert ", when applicable,"
CHAIR FRENCH explained that this clarifies that this section
applies to driving on the road system, which he's using as a
proxy for where you have mandatory insurance and where you have
to have the interlocks. "If you don't have to have the
interlock, you don't have to comply with this section."
SENATOR THERRIAULT asked if he could get around the requirement
by moving to a community that doesn't require an interlock.
CHAIR FRENCH said no.
MR. PAWLOWSKI added that the key is on page 3, line 4 where it
says that it would be a requirement "whenever the person
operates a motor vehicle."
CHAIR FRENCH explained that he could avoid the requirement to
use an interlock if he moved to a small community and stayed
there to operate his motor vehicle where there is no requirement
to have insurance. He could not avoid the requirement by
claiming to be from that community because he got a post office
box and registered his vehicle there.
MR. PAWLOWSKI described the addition as clean-up language.
1:48:09 PM
CHAIR FRENCH removed his objection to Amendment 1. Finding no
further objection he announced that Amendment 1 is adopted and
the bill is back before the committee. He noted that the
effective date is January 1, 2008. Finding no further
discussion, he asked for a motion.
1:48:54 PM
SENATOR WIELECHOWSKI motioned to report SCS CSHB 19(JUD) from
committee with individual recommendations and attached fiscal
note(s). There being no objection, it was so ordered.
1:49:20 PM at ease.
SB 145-MUNIS IMPOUND/FORFEIT MOTOR VEHICLE
1:50:15 PM
CHAIR FRENCH announced the consideration of SB 145. Noting that
the bill sponsor, Senator McGuire, is not able to be here, he
stated that in discussions with Department of Labor and the
municipality it was decided to drop the language regarding
accessing those records. Removing Section 1 brings the bill back
to its original form, which is \A. He noted that the change
eliminates the fiscal note from the Department of Labor. He
asked for a motion to adopt Version \A.
1:51:02 PM
SENATOR WIELECHOWSKI motioned to adopt Version \A for SB 145,
labeled 25-LS0807\A, as the working document.
CHAIR FRENCH explained the bill allows municipalities to provide
for the impoundment or forfeiture of a motor vehicle used by
someone who has $1,000 or more in delinquent traffic fines for
violations committed within the municipality. The car would be
put in a place and held until the fines are satisfied and then
it would be returned to the owner. It's a mechanism to put
downward pressure on the scoff laws that were mentioned at an
earlier hearing. Hopefully this will lead to collecting more
money from unpaid fines and take care of the problem that way.
SENATOR WIELECHOWSKI commented that this is a good bill and he's
pleased that the provision has been removed.
SENATOR THERRIAULT asked if he intends to have the committee
issue a zero fiscal note.
CHAIR FRENCH asked Ms. Scovera to comment.
PAULA SCOVERA, Special Assistant, Department of Labor and
Workforce Development, said the department had drafted a zero
fiscal note and would issue it when the bill passes in its
original version.
CHAIR FRENCH found no further questions or comments and asked
for a motion.
1:53:04 PM
SENATOR WIELECHOWSKI motioned to report SB 145, Version \A, from
committee with individual recommendations. He noted the new
fiscal note is forthcoming.
CHAIR FRENCH announced that without objection SB 145 moves from
committee.
At ease 1:54:10 PM
SB 18-PROPERTY FORECLOSURES AND EXECUTIONS
1:54:18 PM
CHAIR FRENCH announced the consideration of SB 18. Before the
committee was Version \V
JANE ALBERTS, Staff for Senator Bunde, Sponsor of SB 18,
explained that during the previous hearing the committee
painstakingly reviewed the first nine sections of the
foreclosure bill. She recapped that the bill was requested by
Stephan Routh who is an attorney who has lengthy experience with
foreclosures.
At ease 1:55:34 PM
1:57:48 PM
CHAIR FRENCH asked for a motion to adopt Version \N.
SENATOR WIELECHOWSKI motioned to adopt committee substitute (CS)
for SB 18, Version \N, labeled 25-LS0153\N, as the working
document before the committee. There being no objection, it was
so ordered.
CHAIR FRENCH asked Ms. Alberts how she would like to proceed.
MS. ALBERTS said she would prefer to start with Section 10 and
have Mr. Routh go through the remainder of the bill.
CHAIR FRENCH asked Mr. Routh if he would begin his discussion on
Section 10 of Version \N.
1:58:55 PM
Stephen Routh, Attorney with Routh Crabtree, APC, Anchorage,
said Section 10 is housekeeping. The first part deals with
priorities of distribution. There has been litigation in this
area partly because the statute isn't clear about what happens
when the beneficiary bids less than the full debt that's owed in
a foreclosure auction. He suggested that the best rule is for
the beneficiary to get all it is due. After that follow the line
of progression until the beneficiary is paid. If there's a
second liener they are paid next and so on down the line. The
borrower gets the remainder.
Section 10(g) gives breathing space after a foreclosure auction
to reduce litigation. When a sale has been held when it should
not have been the typical loser is the borrower. Under this
provision the trustee can unwind the sale and avoid litigation.
Section 10(h) talks about how to unwind a sale by giving the
money back and about how to renotice a sale thereafter.
2:01:33 PM
Section 11 allows attorneys for the beneficiaries to sign
substitutions of trustee. He said this is a good practice but
the statute is not clear that it is allowed.
Section 12 is about requirements for the attorney executing
documents on behalf of the beneficiary.
Section 13 is a new section that requires a bond by the trustee.
It provides assurance that trustees that handle large sums of
money are fiscally responsible.
CHAIR FRENCH asked how available surety bonds are and how much
they might cost.
MR. ROUTH said his research indicates the bonds would be
available and he believes the cost would be between $5,000 and
$10,000 per year.
CHAIR FRENCH asked if that means that a trustee would have an
entry level cost of between $5,000 and $10,000 a year.
MR. ROUTH said yes but a title agent would be exempt from the
requirement.
CHAIR FRENCH asked if this is a standard provision from a
uniform act.
MR. ROUTH said no; in his view it is a best practice but it's
not part of a uniform act.
CHAIR FRENCH questioned whether this wouldn't create a situation
where smaller trusts would have difficulty finding trustees
because it might be difficult to afford the bond.
MR. ROUTH said keep in mind this isn't per foreclosure auction,
it's per trustee per year.
CHAIR FRENCH asked if the idea is that the cost would be spread
out if a trustee were to handle many trusts.
MR. ROUTH said the general practice is for trustees to handle
many of these. A person who has a deed of trust with a small
balance would always have the option of going to a title
company. There is no bonding requirement for those because they
are licensed separately. There would always be a trustee to use
and he can't see that anyone would be driven out because of the
bond. They'd just have to show fiscal responsibility to continue
in that market, he stated.
CHAIR FRENCH said he'd flag that section and spend some time
researching the issue. He asked for an explanation of the
differences between Version \V and Version \N.
2:05:49 PM
MS. ALBERTS explained the following:
Section 2, page 2, line 23 should say "4 days" rather than "30
days."
Section 5, page 4, line 12 inserts ", except as provided in (e)
in this section." It is a suggestion from the attorney general's
office.
CHAIR FRENCH asked Mr. Routh if he had an explanation.
MR. ROUTH said he didn't know why the change was requested but
he's OK with it.
MS. ALBERTS continued:
Section 6 on page 5, line 28, is conforming language changing 3
months to 90 days.
Section 13, page 9, line 28, makes it clear that the person who
obtains the bond also has to give notice to the department.
MS. ALBERTS said the foregoing are the four changes between
Version \V and Version \N.
CHAIR FRENCH found no further questions or comments and
announced he would set SB 18 aside for the time being.
At ease 2:08:00 PM
SB 157-TRAFFICKING/PROSTITUTION/SEXUAL ABUSE
2:09:12 PM
CHAIR FRENCH announced the consideration of SB 157 and asked for
a motion to adopt Version \L committee substitute.
2:09:20 PM
SENATOR THERRIAULT motioned to adopt CS for SB 157, Version \L,
labeled 25-LS0759\L, as the working document before the
committee. There being no objection, it was so ordered.
SENATOR DYSON, Sponsor of SB 157, relayed that a federally
funded task force composed of the Troopers, the FBI, the
Anchorage Police Department, and others looked into human
trafficking in Alaska. SB 157 represents the task force's
recommended changes to the Alaska statutes to facilitate the
prosecution of people who traffic and prostitute children in
particular. He noted that the current version addresses the
criminal code.
2:10:32 PM
Section 1 expands the definition of the crime of prostitution to
include the buyer making it equally criminal for both sides of
the prostitution transaction.
Sections 2 and 3 raise the age of consent. The law against
promotion of prostitution in the first degree would include
prostitution of persons between 16 and 18 years of age.
Previously it was 16 years of age.
2:11:30 PM
Section 4 raises the penalty for promotion of prostitution in
the first degree from a class B felony to a class A felony.
Section 5 raises the penalty for promotion of prostitution of a
child from a class A felony to an unclassified felony.
Section 6 raises promotion of prostitution in the second degree
from a class C felony to a class B felony.
SENATOR DYSON elaborated that police officers have expressed
concern that prosecutors don't take misdemeanor and lower class
prostitution seriously. The feeling is that it would be taken
seriously if the crimes were felonies. "The Department of Law is
apparently comfortable with bumping these all up one notch," he
stated.
Section 7 deals with running a house of prostitution. It raises
the penalty for promoting prostitution in the third degree from
a class A misdemeanor to a class C felony. Also it includes
prostitution of persons between 16 and 18 years of age.
Previously the age was 16.
SENATOR DYSON explained that the drafter, Mr. Luckhaupt, added a
new fourth degree prostitution. It's to catch someone who is
promoting prostitution that isn't at a class B or class C felony
level. He understands it will help to prosecute people who know
about and may facilitate prostitution even though they may not
be getting a fee for their service. He noted that the Anchorage
police are saying that hotels are turning a blind eye and this
may get at that.
2:14:27 PM
CHAIR FRENCH asked the Department of Law someone who delivers
pizza, sweeps a driveway, plows snow, or hooks up telephone
service in a place of prostitution would be guilty of engaging
in conduct that institutes, aids, or facilitates prostitution.
2:14:42 PM
RICK SVOBODNY, Deputy Attorney General, Criminal Division,
Department of Law, said it depends. Literally if someone is
aiding in the commission of the offense by sweeping the driveway
so that patrons have access, then the answer is yes. If someone
is delivering pizza with the intention of aiding in commission
of the offense by providing food for what's going on, the answer
is also yes. A bellhop who facilitates a hotel patron's request
for a prostitute is guilty of promoting prostitution now, but
this language may capture certain stances that he's not thinking
about.
CHAIR FRENCH asked if the mental element with respect to this
provision would be "knowing."
MR. SVOBODNY said he doesn't know but typically when someone is
charged with aiding or abetting an offense the culpable mental
state is higher. There must be intent that the underlying crime
occur. For instance, it would not be a crime for him to agree to
lend a gun to someone, but if he intended to help in an armed
robbery then he would have to have a higher culpable mental
state. "Sometimes you have to have a higher culpable mental
state than the perpetrator." That language is built into the
regular culpability statute, but it isn't built into this
statute so it may well be that it's knowingly, he stated.
MR. SVOBODNY summarized that the statutory construction answer
is yes --it knowingly.
CHAIR FRENCH said the mental element probably doesn't need to be
inserted here. If it's knowingly or higher then you'd have to
prove that the person who's sweeping the driveway is not doing
it because he's earning $5 and that's how he makes his living.
You'd have to prove that he's sweeping the driveway because he
knows there's an event that night and he's making sure that
business can be conducted inside the house of prostitution.
MR. SVOBODNEY said if the particular words aren't used in
statute it's knowingly.
2:18:36 PM
CHAIR FRENCH expressed the view that the statute is fine the way
it is.
SENATOR WIELECHOWSKI asked for clarification that by default
it'd be knowingly.
MR. SVOBODNY said yes.
SENATOR WIELECHOWSKI asked if the person who's shoveling the
driveway has, under this statute, committed the crime of aiding
prostitution if he/she knows that the owner of the facility
intends to have prostitutes there.
MR. SVOBODNY said he doesn't really know because it would have
to be proved that the sweeper knew that he/she was clearing the
driveway so that patrons of the prostitutes could go there.
CHAIR FRENCH asked if it's fair to say that you would be looking
for business partners, business associates, and others who are
intimately connected to the operation in order to bring a
prosecution.
MR. SVOBODNY said yes; it will always be the case that the court
will say that the mere presence at the scene of a crime is not
sufficient to be guilty of a crime. There would have to be some
other mental state before the person is guilty of a crime.
SENATOR WIELECHOWSKI asked if a motel clerk would have committed
a violation under this statute if he/she were to allow someone
to check in if they were accompanied by someone who could be a
prostitute.
MR. SVOBODNY it would be necessary to show that the clerk knew
that the person was a prostitute.
SENATOR DYSON interjected that if the clerk is renting the room
by the hour and the same girl is seen three or four times a
night it's a good case.
SENATOR WIELECHOWSKI asked if that's an objective or subjective
standard.
CHAIR FRENCH opined that it's the reasonable person standard.
MR. SVOBODNY said the jury will make a determination of whether
there was a substantial probability that the event existed--that
the act of prostitution was or would be occurring.
SENATOR WIELECHOWSKI said that's the objective standard.
MR. SVOBODNY countered that it's the reasonable person standard.
A jury would ask if that's what a reasonable person would know.
2:21:47 PM
CHAIR FRENCH asked Senator Dyson to continue with Section 9.
SENATOR DYSON continued.
Section 9 clarifies that property that is used to aid or
facilitate the promotion of prostitution can be seized.
Section 10 inserts promoting prostitution of children into the
sentencing code.
SENATOR WIELECHOWSKI referenced Section 9 and commented that the
provision that the "property shall be forfeited" seems extreme.
He noted that the Hotel Captain Cook for example is probably
valued at several hundred million dollars.
CHAIR FRENCH asked Mr. Svobodny if the Hotel Captain Cook could
be at stake here.
2:23:06 PM
MR. SVOBODNY explained that there's been a big discussion in
alcohol forfeiture where Alaska Airlines claimed that it would
have a plane seized if an agent put alcohol on a plane that was
going to a dry community. In that case language was included so
that would not be the case. He said he didn't know if there is
special language or if it was just a conclusion that there must
be a nexus. The person owning the property generally wouldn't be
subject to having the property forfeited unless there was a
certain culpable mental state. Under Senator Dyson's example, if
the Hotel Captain Cook is renting rooms by the hour it may well
be subject to seizure, but if it's simply a clerk who is acting
beyond the scope of his/her duties then the hotel would not be
subject to forfeiture.
2:24:43 PM
CHAIR FRENCH advised that he would flag that area for more
attention.
2:24:51 PM
SENATOR DYSON added that the target is the people who are
running a house of prostitution in their camper and the taxicab
drivers who are regularly facilitating this business by
transporting Johns and or by providing a cell phone and saying
"here's a lady that would love to do business with you."
Section 11 deals with fines. He understands that for the first
time this makes it possible to impose fines as well as a jail
sentence for this crime.
Section 12 inserts promoting prostitution in the first degree.
Consistently now the penalty for prostituting a child is the
same as having molested or raped that child, he stated.
SENATOR DYSON noted that Child Protective Services and Juvenile
Justice asked him to continue to work on the section that allows
the state to take protective custody without arresting a child
who had been prostituted. He said he agreed to pull that section
for continued work.
2:27:02 PM
CHAIR FRENCH commented that he saw suggested language on that in
a bill by Representative Doogan. He asked if they'd worked
together.
SENATOR DYSON said he'd worked with Representative Doogan a
little.
CHAIR FRENCH found no further testimony on SB 157.
SENATOR DYSON said he was asked not to line up a lot of
testimony, but he could do so if the committee required it.
SENATOR WIELECHOWSKI asked how this compares with what other
states are doing.
2:28:03 PM
SENATOR DYSON said he didn't know, but he could get the
information.
CHAIR FRENCH suggested he contact Senator Wielechowski directly
and announced he would hold SB 157 in committee.
There being no further business to come before the committee,
Chair French adjourned the meeting at 2:28:24 PM.
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