SB 282 - CHILD ENDANGERMENT SENATOR JOHN TORGERSON, sponsor of SB 282, gave the following overview of the legislation. SB 282 was introduced on behalf of the Chief of Police of the City of Soldotna who is affiliated with the Police Chiefs' Association for the State of Alaska. This bill changes the standard of proof in the statute related to child endangerment from "intentionally" to "knowingly." The intentional standard requires a higher standard of proof for prosecution. Convictions of child endangerment have been successfully evaded, based on the argument that the offender was not intent on harming the child when he/she placed the child in dangerous circumstances. The term "knowingly" reduces the legal standard to an act in which a person knowingly places a child in a situation where harm could result, thereby making the person responsible for that action. SENATOR TORGERSON explained SB 282 also contains new language regarding conduct which creates a substantial risk of physical injury. This language is intended to apply to those situations in which a parent engages in conduct, such as alcohol consumption or drug use, that subsequently endangers the child. Number 068 SENATOR GREEN questioned whether the definition of "recklessly engaged in conduct" could be expanded to something that might already be illegal, such as driving with a child in the back of a truck, and whether it might be applied in ways that the sponsor did not intend. SENATOR TORGERSON said he was unsure, but that was not his intent. SENATOR GREEN expressed concern that the definition might be too open. She suggested reviewing the definition in the legislation in the Senate Judiciary Committee. SENATOR TORGERSON clarified the section of the statute that is being amended by SB 282 does not refer to other types of endangerment, but it is possible that it could be applied to other situations. Number 088 SENATOR GREEN asked if SB 282 changes the penalty from a misdemeanor to a class C felony. SENATOR TORGERSON said it does. SENATOR GREEN asked if a class C felony is punishable by up to five years in prison and a $50,000 fine, and whether that is the sponsor's intent. SENATOR TORGERSON said yes. Number 101 CHAIRMAN WILKEN asked Senator Torgerson if he could provide examples of cases that police departments have encountered in the past to include in committee packets. SENATOR TORGERSON stated Shirley Warner, police chief of Soldotna, and the former Chief of Detectives for the Anchorage Police Department, is very knowledgeable about the difference that changing the standard will make in regard to child endangerment cases. He stated Ms. Warner would be glad to share information on that subject. CHAIRMAN WILKEN said he thought examples to demonstrate the effect of this legislation will help the argument to enact it. SENATOR GREEN asked Senator Torgerson if he sponsored SB 282 on behalf of the Police Chiefs' Association. SENATOR TORGERSON clarified that he sponsored it at Ms. Warner's request and that she brought it to the Police Chiefs' Association. He said he does not have a resolution from that association but he is aware that they discussed it and support it. Number 125 DIANA BUFFINGTON, State Coordinator for the Childrens' Rights Council of Alaska, testified in favor of SB 282. She stated SB 282 is one the few bills that will have no room for misinterpretation or misuse by the Division of Family and Youth Services (DFYS). Children are endangered when they are left alone in hotel rooms or in trash cans at young ages; these types of occurrences are ever increasing with young mothers. She stated her organization is one of 34 chapters across the United States and it is very interested in health and welfare issues. She repeated her wholehearted support for SB 282. BLAIR MCCUNE, Deputy Director of the Public Defender's Agency, noted his agency submitted an indeterminate fiscal note on SB 282. The agency is concerned that the bill will have a significant fiscal impact on the criminal justice system but it has not been able to devise hard numbers of potential cases at this time. DHSS receives about 15,000 telephone reports of harm to children. Not all reports are confirmed. Of the 15,000 reports, 4,312 of the callers alleged some type of physical abuse. He suspected the number of reports of harm would increase if the risk of physical injury becomes an offense. Mr. McCune commented that current criminal law defines physical injury as any type of pain or impairment of physical condition. In general, when a physical injury is involved, as opposed to a serious physical injury, the offense is a misdemeanor. He pointed out that SB 282 would be inconsistent in that it makes the same type of offense a class C felony. He repeated his concern that this bill might have a big impact on the criminal justice system. Number 170 CHAIRMAN WILKEN indicated his intent to pass SB 282 on to the Senate Judiciary Committee at which time Mr. McCune will have the opportunity to provide more accurate figures for the fiscal note. SENATOR WARD moved SB 282 out of committee with individual recommendations and its accompanying fiscal notes. There being no objection, the motion carried.