SB 210-CRIMES AGAINST CHILDREN  2:42:54 PM CHAIR FRENCH announced the consideration of SB 210. SENATOR LESIL MCGUIRE, sponsor of SB 210, noted there was a new committee substitute (CS). At ease from 2:43 p.m. to 2:45 p.m. to distribute the CS. 2:45:28 PM CHAIR FRENCH reconvened the meeting and asked for a motion to adopt the proposed CS. SENATOR WIELECHOWSKI moved to adopt CS for SB 210, labeled 27- LS1362\M, as the working document. CHAIR FRENCH announced that without objection, version M was before the committee. SENATOR MCGUIRE read the following sponsor statement into the record. [Original punctuation provided.] On February 8, 2012 the Children's Justice Task Force (CJA) a federally-mandated, statewide multidisciplinary group presented their findings to the Joint Senate Judiciary and HESS Committees with their system recommendations for improvement through criminal legislation. I became aware through this presentation, research, and other important conversations that we have shortcomings in the current criminal laws regarding the prosecution of harm to children. Those that suffer from these short comings are Alaska's children and the numbers are staggering. In 2008, approximately 12,400 children were likely victims of at least one incident of maltreatment, which breaks down to 34 children per day. In the instance of a child death, 1 out of every 5 was related to maltreatment. SB 210 works with the recommendations from CJA to create tougher penalties on crimes committed against a child. The bill includes several different measures including modifying statutes to create increased criminal liability for assaults to children, strengthens statutes regarding exposure of children to drugs, increases penalties when a parent intentionally withholds adequate food or liquids, and creates a criminal law that prohibits an incarcerated person from contacting a victim prior to trial and sentencing. Together, the Legislature can assist our future generations by providing them with laws that protect their rights and create safer communities for their growth and development. I urge your support for this legislation. She recapped several cases that were described during the task force presentation and said Section 2 addresses deprivation of food and water and Section 3 addresses torture and disfigurement, including strangulation. 2:52:06 PM AMY SALTZMAN, staff to Senator Lesil McGuire, reviewed the changes that appear in SB 210, version M. The title was changed to "An Act relating to crimes against children; and providing for an effective date." Section 1 - On page 1, lines 11 and 15, age 10 was raised to age 12. CHAIR FRENCH noted that assault in the third degree was a class C felony assault. MS. SALTZMAN said the next change appears in Section 2, page 3, lines 9-10. A new paragraph (4) was added to [AS 11.51.100(a)] to address reckless failure to provide adequate food and liquid to a child such that it impairs the child's health. She noted that the sponsor was still working on that language. SENATOR MCGUIRE highlighted that it adds an additional reason for which a person can be convicted of the crime of endangering the welfare of a child in the first degree. CHAIR FRENCH noted that would be a class C felony. MS. SALTZMAN noted that the sponsor was referring to Section 3, page 3, lines 12-13. The next change appears in Section 4, page 3, lines 22-30. It adds a new paragraph (C) to the definitions section, [AS 11.81.900(56)], that talks about physical injury to a person under age 16 involving serious disfigurement or impairment. She noted that the discussion was still open about whether the term "bruising" was sufficiently specific. CHAIR FRENCH confirmed that term appeared on page 3, line 25. SENATOR MCGUIRE clarified that this modification raises the definition of physical abuse in this circumstance to assault in the first degree, a class C felony. CHAIR FRENCH said it would depend on the means by which a person caused serious physical injury. Any place that "serious physical injury" is plugged into the statute it would be modified by this new paragraph (C). 2:55:49 PM CINDI STANTON, Sergeant, Anchorage Police Department (APD), Anchorage, AK, said she was currently the supervisor of the Crimes Against Children Unit, and had worked on this new legislation for 18 months as a member of the Child Justice Act Task Force. She stated support for the changes in version M and emphasized that the bill will help get felony charges in cases where it is difficult now. She cited several cases. 2:58:47 PM KATHLEEN BALDWIN-JOHNSON, MD, member, Alaska Children's Justice Act Task Force, spoke in support of SB 210. She said she was a family physician in Wasilla, but spends a majority of time on child abuse medicine. These children have been sexually or physically abused, neglected and endangered by exposure to drugs. The task force identified gaps in the current law and SB 210 addresses these omissions. Alaska is combatting an epidemic of interfamilial violence and sexual assault and children are commonly victims. A solution to this will ultimately lie in a cultural shift where children are valued and cherished members of society, but a necessary step for that to occur is for Alaskan law to clearly state that child abuse will not be tolerated, she stated. 3:02:06 PM CHAIR FRENCH stated that public testimony would continue at a future meeting. [SB 210 was held in committee.]