HB 270 - SEX ASSAULT & SEXUAL ABUSE Number 0041 CHAIRMAN DYSON announced the first order of business as Sponsor Substitute for House Bill No. 270, "An Act relating to sexual assault and sexual abuse and to payment for certain examinations in cases of alleged sexual assault or sexual abuse." [Before the committee was CSSSHB 270(STA). Instead of containing that bill version, however, committee packets contained work draft Version M, 1-LS1108\M, Luckhaupt, 2/25/00. In addition, proposed amendments were marked "CSHB 270(HESS)." However, Version M was the same work draft already adopted and moved out of the House State Affairs Standing Committee on 3/09/00 as CSSSHB 270(STA).] Number 0128 REPRESENTATIVE ERIC CROFT, Alaska State Legislature, sponsor of SSHB 270, came forward to testify. He reported that he, Representative Brice and law enforcement had all spent time trying to craft language that would cover examinations of children, but they failed. The larger distinction is somebody who knows what happened to them and can make a conscious decision whether to participate in a prosecution or not; with children it is fundamentally different. He suggested that SSHB 270 concentrate on what what is known, which is an adult, however defined, cannot be charged for these exams. He is willing to work on the complicated issue of children later. He does not mean to authorize general requirement of payment from children victims by saying adults cannot be charged. He said, "It doesn't mean wholesale, charge all the kids. It does mean there are good programs out there that I don't mean to disturb." Number 0430 REPRESENTATIVE COGHILL made a motion to adopt Amendment 1, which read: Page 1, line 6: Delete "an adult" and insert "a"; Page 1, line 6: After the words "victim of sexual assault under AS 11.41.410 - 11.41.425", insert "who is 16 years of age or older". Number 0627 REPRESENTATIVE KEMPLEN objected for purposes of discussion. He expressed concern about 16- and 17-year-olds being classified as adults because in other areas of statute, they are not considered adults. He understands that the age of 18 is the benchmark for becoming independent. REPRESENTATIVE COGHILL said that was a point well taken. He did not intend to classify 16- and 17-year-olds as adults but was just including them in this. There are times when their consenting is under adult statutes, but he did not intend to assert that at all. REPRESENTATIVE KEMPLEN asked Representative Coghill why he didn't say 18 instead of 16. REPRESENTATIVE COGHILL noted, for example, that emancipation can be done at age 16. There are other statutes where 16 is a time that certain choices are made. It was thought that under 16 would get into other child laws that age 16 quite often is the "stepping-out place of." Number 0776 REPRESENTATIVE GREEN noted that there is a waiver for 16-year- olds for heinous crimes; they are moved up to adult court. REPRESENTATIVE CROFT said in the "sexual abuse of a minor" statutes there are various provisions in which 16 is the age of consent. He believes the amendment does no harm, and it does some good to this limited bill. He has no objection to it. REPRESENTATIVE KEMPLEN withdrew his objection. CHAIRMAN DYSON announced that Amendment 1 was adopted since the objection was withdrawn. Number 0948 REPRESENTATIVE GREEN made a motion to move CSSSHB 270 [CSSSHB 270(STA)], as amended, out of committee with individual recommendations and zero fiscal note. There being no objection, CSSSHB 270(HES) moved from the House Health, Education and Social Services Standing Committee.