SB 295 - LURING OR ENTICING A CHILD SENATOR PARNELL, sponsor of SB 295, said the bill has two goals; first to provide an additional tool for law enforcement and second, to codify the role of the Department of Family and Youth Services (DFYS). SENATOR PARNELL stated that section one of the bill creates a crime of luring or enticing a child under 12 into a building, dwelling or vehicle for an unlawful purpose. This section gives the prosecution another tool in fighting crime and can be especially helpful in charging people of crimes against children. SENATOR PARNELL said the bill will allow for law enforcement to be the lead agency in any criminal investigation, though DFYS will still be the main point of contact for any reports of abuse or neglect of children. MS. ANNE CARPENETI, representing the Department of Law, Criminal Division, remarked that the intent of the bill is good but her department has a few concerns, beginning with the broad scope of the bill. MS. CARPENETI said the act that is prohibited may be overly vague and could be tough to prove. MS. CARPENETI also commented that the affirmative defense laid out in paragraph C is unnecessary and she recommends it be deleted. CHAIRMAN TAYLOR asked if MS. CARPENETI had any other recommendations and she replied that the committee may consider making the crime a C felony rather than a B felony, as it is likely to cover less serious offenses than attempted kidnaping and related crimes. Number 100 SENATOR PARNELL asked if there are cases that this statute would cover and MS. CARPENETI replied that there may be a few, but if they could not prosecute another type of crime, they would not likely be able to prosecute this crime. SENATOR PARNELL stated that the bill seemed most beneficial as a bargaining tool and MS. CARPENETI replied "possibly". SENATOR PARNELL asked if it could help police get a warrant and again MS. CARPENETI thought it might, restating her point that it would be better as a C felony. MR. DUANE UDLAND, Chief of the Anchorage Police Department (APD), agreed with MS. CARPENETI's suggestion to change this to a class C felony, which he feels is more appropriate. CHIEF UDLAND also suggested that the committee might choose to adopt an amendment to register people who commit this crime as sex offenders, as sex is the object in most of these crimes. SENATOR PARNELL asked if he recommended that anyone convicted of this crime should be required register. CHIEF UDLAND replied yes, saying it may, however, be difficult to prove a sexual motive. MR. CHRIS STOCKARD, representing the Department of Public Safety, agreed with the Chief and MS. CARPENETI about changing this to a C felony. He said the department is neutral on section two; the department has good relationships and protocols currently in place, but has no objection to this section as long as there is no intention for the police to take over the lead role in any non- criminal screening procedures. SENATOR PARNELL said the intent is clearly to give the police the lead role only in criminal investigations due to their superior training and interview techniques. MS. SUSAN WICKER, representing the Department of Health, Education and Social Services (DHESS) for the Department of Law, agreed with the comments of MR. STOCKARD and noted that current statute requires the automatic reporting of any actual or suspected abuse of children to DHESS. MS. WICKER also restated that there are cooperative protocols between police and DHESS that ensure that law enforcement takes the lead in criminal cases and, in dual investigations, both departments jointly conduct a videotaped interview where it is possible. She concluded that this is already being done and the law is unnecessary. CHAIRMAN TAYLOR moved to delete all of paragraph C and its subparts, and change the felony from class B to a class C. SENATOR PARNELL stated he had no objection to this and was doing it on the advice form the Department of Law that these things are already covered in current law. Without objection, it was so ordered. CHAIRMAN TAYLOR commented that he shared MS. CARPENETI's concerns about the broad scope of the legislation. SENATOR MILLER moved CSSB 295 (JUD) out of committee with individual recommendations. Without objection, it was so ordered.