SB 15 - SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE 1:36:32 PM CHAIR GATTO announced that the next order of business would be CS FOR SENATE BILL NO. 15(JUD), "An Act relating to penalties for certain alcohol offenses involving persons under 21 years of age committed by certain sex offenders or child kidnappers." 1:36:53 PM SENATOR KEVIN MEYER, Alaska State Legislature, sponsor, explained that SB 15 would increase the penalties for the crimes of providing alcohol to a minor when the offense is committed by a person who is required to register as a sex offender or a child kidnapper. Under SB 15, if the underlying offense is [a violation, the aggravated penalty would be a class B misdemeanor; if the underlying offense is a class A misdemeanor, the aggravated penalty would be a class C felony; and if the underlying offense is a class C felony, the aggravated penalty would be a class B felony. The specific crimes that could be so aggravated under SB 15 are: AS 04.16.051 - Furnishing or delivery of alcoholic beverages to persons under the age of 21; AS 04.16.055 - Room rental for purposes of consuming alcoholic beverages; and AS 04.16.057 - Permitting minor to illegally possess liquor in dwelling.] There is a strong correlation between alcohol use and sexual assault, and the intent of the bill is to stop those who use alcohol in order to facilitate their sexual abuse of a minor crimes. In conclusion, he mentioned that SB 15 passed the Senate unanimously and has attached fiscal notes. 1:39:46 PM CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State Legislature, on behalf of the sponsor, Senator Meyer, and in response to a comment, clarified that members' packets should now contain two indeterminate fiscal notes, one from the Department of Law (DOL) and one from the Department of Corrections (DOC). SENATOR MEYER added that in its initial fiscal note calculations, the DOC had used historical conviction averages, but when it was pointed out in the Senate Finance Committee that it's not possible to estimate how many new convictions passage of SB 15 would result in, the DOC replaced its prior fiscal notes with an indeterminate fiscal note. 1:43:05 PM ANNA SAPPAH, Executive Director, Alaska Addiction Professionals Association; Beneficiary Member, Advisory Board on Alcoholism and Drug Abuse, Division of Behavioral Health (DBH), Department of Health and Social Services (DHSS), after mentioning that in addition to being in long-term recovery from substance abuse, she is a survivor of several alcohol-related sexual assault/abuse crimes, relayed that she is speaking in support of SB 15. It is important to acknowledge the potential for sexual abuse that arises when adults furnish alcohol and/or other drugs to minors, she opined, because this behavior enables sex offenders and other predators to victimize minors who become judgmentally impaired while under the influence. Predators that provide any mind- or mood-altering substance to minors should be punished for doing so. The pain of living with having been sexually abused can be devastating to children. In conclusion, she asked the committee to support SB 15 so as to give communities another tool with which to promote justice when dealing with predators who would use any means available to victimize Alaska's children. 1:44:45 PM DOUGLAS MOODY, Deputy Public Defender, Criminal Division, Central Office, Public Defender Agency (PDA), Department of Administration (DOA), in response to a query, indicated that the only concern the PDA has is that SB 15 might be applied to those who aren't the intended targets of the bill. MS. MARASIGAN pointed out, though, that the bill specifies that the proposed increased penalties apply to people who are required to register as a sex offender or as a child kidnapper. In other words, SB 15 only applies to persons who have already been convicted of such crimes. Providing alcohol or drugs to a minor can leave him/her ripe for being sexually abused. Furthermore, statistics indicate that from 2006 to 2007, over half of all sexual assaults occurring in Anchorage involved alcohol, and one-third involved victims under the age of 19. These statistics highlight the need for another tool to help keep such predators away from Alaska's children. In response to comments and questions, she clarified that the bill would only apply to registered sex offenders or registered child kidnappers who violate either AS 04.16.051, AS 04.16.055, or AS 04.16.057; and remarked that the bill is intended to address predators who use alcohol as a grooming tool. MR. MOODY, in response to questions and comments, offered his understanding that the bill itself would not impact any already- established penalty that could be imposed for violating conditions of probation/parole, and that any such penalty would have to be imposed consecutively. [Members then briefly discussed aspects of existing AS 04.16.051.] MS. MARASIGAN, in response to comments and questions regarding whether to either expand or limit who the bill would apply to, noted that those issues were discussed in the Senate Judiciary Standing Committee, and explained that via SB 15 as currently written, the sponsor is attempting to address the behavior of those who are already known to be predators because they have to register as such; under the bill, the proposed increased penalties could be applied before another sexual abuse of a minor crime takes place. 2:07:28 PM REPRESENTATIVE KELLER, referring to the DOC's [initial but replaced] fiscal note, indicated favor with the SB 15's proposal. CHAIR GATTO observed that the court-decision notes pertaining to AS 04.16.051 mention the issue of double jeopardy, and surmised that there are probably going to be instances wherein certain charges get merged. CHAIR GATTO then relayed that CSSB 15(JUD) would be held over.