CS FOR HOUSE BILL NO. 127(FIN) "An Act relating to the crimes of stalking, online enticement of a minor, unlawful exploitation of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, and misconduct involving confidential information; relating to probation; relating to the subpoena power of the attorney general in cases involving use of an Internet service account; relating to an appearance before a judicial officer after arrest; relating to penalties for operating a vehicle without possessing proof of motor vehicle liability insurance or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and providing for an effective date." 11:04:25 AM JOHN BURNS, ATTORNEY GENERAL explained the bill's purpose of communicating the collaborative efforts of the governor, the House, and the Senate. He stated the goal to end the epidemic of sexual assault and breaking the cycle of domestic violence in Alaska. He asserted that women in Alaska were raped two and one half times more often than the national average. He stated that Alaskan children were sexually abused at a rate of six times the national average. He maintained that the cycle of abuse must end. Mr. Burns stated that the responsibility of the legislature was to enact legislation to enhance public safety. He continued that HB 127 refined legislative changes made in recent years. The legislation expanded the stalking laws and prohibited law enforcement from having sexual relations with people in custody and raised the penalty for online enticement of minors. 11:07:21 AM Co-Chair Stedman mentioned four fiscal notes, two zero notes from the Department of Health and Social Services and the Department of Law and two indeterminate fiscal notes from the Department of Administration and the Department of Corrections. 11:07:48 AM ANNIE CARPENETI, ASSISTANT, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, explained the legislation. She stated that the bill expands the definition of nonconsensual contact for purposes of stalking to include following a person with a GPS device or installing a device on the victim's computer or telephone. The bill also amended crimes of sexual assault in the third and fourth degree to prohibit a peace officer from engaging in either sexual penetration or sexual contact with the person in that peace officer's custody. The law applied to relationships considered consensual. 11:10:25 AM Ms. Carpeneti continued that the bill added to the crime of criminal use of computer, which was a Class C felony by prohibiting a person from installing a keystroke logger on another person's computer. The bill made technical changes to the crime of endangering the welfare of a minor in the first degree. The bill adopted a new crime including sending an explicit digital image of a minor. The law required proof that the person acted with intent to annoy or humiliate another person who distributes an explicit image of a minor under the age of 15. Ms. Carpeneti continued that the bill also adopted a misdemeanor offense of misconduct involving confidential information in the first and second degrees. The second degree crime prohibits the person from knowingly obtaining confidential information about another person without the consent of that person or the legal authority to obtain the information. Confidential information was defined as that information that is already defined as confidential in our laws. Ms. Carpeneti explained that the bill gave discretion to the court in sentencing a person who is convicted of certain sexual crimes against children as a condition of probation that the person not reside within 500 feet of school grounds. The bill made changes to the administrative subpoena enacted last year in SB 222. 11:14:37 AM She mentioned corrections displayed in the bill. The bill changed the statutes to comply with the court rules adopted the year prior. She noted changes in the area of arson. The statute adopted a bail schedule for arson offenses. She stated that the bill corrected inconsistencies regarding fines incurred for crimes involving arson. 11:17:52 AM Senator Olson asked about a person taking a picture of their child sitting on the toilet. He wondered if they would face an infraction. Ms. Carpeneti replied that no infraction would be faced because the state must prove that the parent intended to distribute a photo to annoy or humiliate the child. Senator Olson asked if a person was attempting to warm a car with coals from a campfire, would they be liable for charges. Ms. Carpeneti replied that the arson statute contained a culpable mental state requiring proof that the person intended to explode the vehicle. 11:19:21 AM COMMISSIONER MASTERS, DEPARTMENT OF PUBLIC SAFETY (via teleconference), echoed the testimony of the Attorney General. He highlighted the operation between the administration, the Senate, and the House regarding the evolution of the legislation. The importance to law enforcement occurred by raising the classification of the crime to the appropriate level for the predatory conduct of offenders who enticed Alaskan children into sexual encounters and abuse over the internet. He added that people who engaged in these patterns of conduct were not typically first-time offenders. Commissioner Masters commented about the GPS tracking and keystroke provisions of the bill. 11:22:43 AM Commissioner Masters stated that the department was in complete agreement about the provision regarding peace officers. He reiterated the importance of the legislation. 11:23:26 AM Attorney General Burns reiterated the concerns of Commissioner Masters. Co-Chair Hoffman MOVED to report HB 127 out of committee with individual recommendations and the accompanying fiscal note(s). There being NO OBJECTION, it was so ordered. HB 127 was REPORTED out of committee with a "do pass" recommendation and with one new zero fiscal note from the Department of Law, one new zero fiscal note from the Department of Corrections, two indeterminate previously published fiscal notes: FN3 (DOA) and FN6 (DOA) and two previously published zero fiscal notes: FN1 (DPS) and FN5 (DHS).