SB 135-ASSAULT & CUSTODIAL INTERFERENCE  9:00:55 AM MR. JASON HOOLEY, staff to Senator Dyson introduced SB 135, which focuses on assault and custodial interference. SB 135 amends AS 11.41.220(C)(i) to read, "would cause a reasonable caregiver to seek medical attention from a health care professional in the form of diagnosis, treatment, or care." SB 135 also limits the defense of necessity for non-custodial parents who kidnap their children. The limit would be set at 24 hours or the time it takes to contact the authorities. 9:04:13 AM MR. DEAN GUANELI, chief assistant attorney general, Department of Law (DOL), said in many parent/child relationships there are custodial disputes where the court has to intercede. One parent is often unhappy with the result. 9:07:13 AM MR. GUANELI stated what SB 135 does is mandate the non-custodial parent to report suspected harm to the proper authorities as opposed to forcibly taking the child from the custodial parent. 9:10:00 AM SENATOR GRETCHEN GUESS asked the consequences of a non-custodial parent who does not comply with Section 2, subsection (c). MR. GUANELI responded it cuts off the defense of necessity for the parent who takes their child out of state. It does not allow the argument that they kidnapped the child for his or her own safety. SENATOR GUESS asked how people would be alerted to the change in the law. MR. GUANELI answered the DOL presumes that people understand the law. SENATOR HOLLIS FRENCH asked Mr. Guaneli the consequences where there is no custodial court order. 9:13:31 AM MR. GUANELI responded in the case of no custody order where the parent takes the child out of state, the other parent normally obtains a temporary custody order. Because the custodial order is a continuing offense, the parent could be charged at that point. 9:14:29 AM SENATOR FRENCH asked the notice requirements to an absent parent with respect to obtaining a temporary custody order. MR. GUANELI said the orders could be obtained without the parent being present. SENATOR FRENCH asked whether they were similar to domestic violence restraining orders. MR. GUANELI advised the parent would not be charged with a crime unless they had been notified. The temporary custody order is valid in terms of getting the child back but the parent could not be charged with a crime unless they ignored a notice from the court. 9:16:30 AM SENATOR GUESS asked whether SB 135 would extend to other family members. MR. GUANELI said the custodial interference statutes are designed to treat what would otherwise be a kidnapping. It is treated as a less serious offense if done by a relative. 9:18:13 AM SENATOR FRENCH asked Mr. Guaneli to describe the court of appeals decision that brought about Section 1 of SB 135. MR. GUANELI explained a series of assaults against children many years ago spurned the Legislature to raise the charge of assaults against children under 10 to felony assault. SB 135 is designed to protect children. There is a problem in Alaska with assaults to children such as shaken baby syndrome. A person cannot be charged under AS 11.41.220 for shaking a baby if the medical diagnosis did not require medical treatment. He gave an example of a recent case. 9:21:57 AM MR. GUANELI continued, AS 11.41.220 does not adequately reflect the Legislature's intent. Broader terms are necessary to establish the felony-level offense. 9:22:46 AM SENATOR FRENCH asked Mr. Guaneli whether someone would have to seek medical care for the event to qualify as a felony. MR. GUANELI said no. Injuries may arise in a circumstance where the parent doesn't seek medical attention and someone else discovers the injuries at a later time. There would be medical attention and expert testimony of the injuries sustained at some point. CHAIR RALPH SEEKINS clarified SB 135 would not require the caregiver to immediately seek medical attention. MR. GUANELI answered correct. SENATOR FRENCH expressed concern that SB 135 didn't completely cover all the circumstances that could arise with child abuse. 9:26:04 AM MR. GUANELI said a more culpable offender who doesn't allow a mother to take her child for treatment should still fall under AS 11.41.220. 9:27:22 AM SENATOR FRENCH asked the reason the individual who coerces a caregiver against taking the child for medical treatment shouldn't be charged under Section 1(C)(ii) MR. GUANELI responded it might have been just a single assault. 9:29:25 AM SENATOR FRENCH asked the reason for adding the words, "or care" on Page 1, line 15. MR. GUANELI answered the language was intentionally broad for situations where a doctor, hospital or health aide may put a child under observation for 12 hours. There may be no formal diagnostic testing but care would be provided. Given the wide variety of healthcare in Alaska, it seems appropriate to have some latitude. 9:31:31 AM SENATOR FRENCH expressed "care" could be misconstrued to mean administering ice or taking a temperature. SB 135 could lead into a felony charge for very minor injuries. SENATOR GENE THERRIAULT asked whether 24 hours of observation would be defined as diagnosis. MR. GUANELI admitted that was possible. He said if the observed injuries are such that a reasonable person would feel the child should receive medical attention that would be enough for the DOL to start an investigation. 9:36:26 AM SENATOR THERRIAULT sided with Senator French's concern of the word "care." 9:38:48 AM SENATOR FRENCH moved Amendment 1. Page 1, line 15, after "diagnosis" add the word "or." Hearing no objections, the motion carried. 9:40:16 AM SENATOR GUESS moved CSSB 135(JUD) from committee with individual recommendations and attached fiscal note(s). There being no objection, the motion carried.