SENATE BILL NO. 323 "An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date." OFFICIER GLEN KLINKHARD, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, testified in support of the legislation. He commented that in the last year, the Anchorage Police Department has found many people participating in child pornography on Internet. The legislation has been written to address the experiences of the law enforcement and police officers throughout the State. Officer Klinkhard stressed that the penalties are not keeping up with the technology. Representative Martin questioned why the State should address a federal government responsibility. Mr. Klinkhard replied that many Alaskans and citizens of other states have realized that this is "child abuse" and that the penalties should be more severe. He pointed out that the proposed legislation would put Alaska in line with what is occurring throughout the rest of the country. The federal government is not willing or able to address all the cases which exist. Representative Martin asked if there were other states which do not have laws covering the distribution of child pornography. Mr. Klinkhard replied that most fall under the decency act which would range from a misdemeanor to a felony depending on the criteria. Representative Mulder reiterated that the proposed law would more clearly define the "intent to distribute" than what currently exists in federal law. Mr. Klinkhard agreed, pointing out that State law more clearly defines the difference between "for personal use" and "for distribution". Mr. Klinkhard noted that now there is access to large quantities, which are being traded. In summary, he stated that stopping child pornography in some cases has accomplished stopping sexual abuse of children. Representative Mulder spoke to the large number of pieces collected and the degree of "unbalance" that trends indicates. Mr. Klinkhard added, the larger the number of materials collected, often indicates that the "collecting" no longer brings "joy" for the perpetrator. Representative J. Davies inquired as to the prevention effort of child pornographic materials distributed on the Internet. Mr. Klinkhard remarked that officers now are trying to track the details of supply and demand. Representative G. Davis asked when "possession" would be classified as a felony. Mr. Klinkhard explained that the classification would change if a person was knowingly keeping and accumulating material. The unwritten rule is that more than 3 pieces of material must exist to show a jury. KRISTIE TIBBLES, STAFF, SENATOR DRUE PEARCE, commented that Senator Pearce had requested consideration of Amendment #3. [Copy on File]. The language of the amendment conforms to language contained in HB 375. Co-Chair Therriault MOVED to adopt Amendment #3. There being NO OBJECTION, it was adopted. ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, spoke to Amendment #2, previously adopted in Committee on Page 3, Line 2, the insertion of "knowingly", which describes the level of crime. Ms. Carpeneti pointed out that the substantive section already includes the "knowing" and would not be necessary in Section #7. The other statutory location of the language is AS 11.61.127, the Possession of Child Pornography. She stated that to place "knowingly" in that section was not helpful. Representative J. Davies stated that he would support changing it to a conceptual amendment and placing it in the proper section. Representative Kelly understood that possession equaled "knowingly". Ms. Carpeneti replied that was not necessarily true. Representative J. Davies indicated that he would be more comfortable including language to address that specific concern. Ms. Carpeneti recommended that the proper placement would be AS 11.61.127(a), a provision which is not included in the bill. Co-Chair Therriault MOVED to RESCIND action on Amendment Representative J. Davies WITHDREW Amendment #2. There being NO OBJECTION, it was withdrawn. Representative J. Davies MOVED the new version of Amendment new statute referenced by Ms. Carpeneti. There being NO OBJECTION, the amendment was adopted. Representative Martin MOVED to report HCS CS SB 323 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCS CS SB 323 (FIN) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Corrections and a note by the Department of Administration dated 3/12/98.