Committee advances bill tightening kidnapping defenses and expanding protections for child witnesses

Senator Figures presented SB203 to the Judiciary committee as a package of changes aimed at closing loopholes in crimes-against-children statutes and improving evidence available to juries.

Patricia Melber, who spoke for the bill, said it eliminates a defense in first-degree kidnapping cases where a victim is released in a safe place before apprehension, because prosecutors in Jefferson County had been unable to charge suspects when the victim was released before police located the offender. Melber also said the bill creates custodial-misconduct provisions for inpatient treatment facilities and would permit certain recorded statements by victims under age 16 to be played to juries — expanding the current rule that applies to children under 12.

Senator Smitherman and other members voiced concerns about age verification and unintended incentives. Smitherman warned that undercover operations and online communications can make it difficult to verify an alleged victim's age before an offender acts; he also said raising penalties or removing certain defenses could theoretically incentivize worse conduct in some scenarios. Patricia Melber responded that for statutes concerning transmitting obscene material or travel to meet a child, the bill requires law enforcement to provide explicit age information so the offender knows the age (17 for one statute, 16 for another) before the statute applies.

After discussion the committee moved SB203 for a favorable report, using previous roll. The sponsor and staff said the changes were requested in part by local district attorneys to allow prosecutions in situations where current code and judicial interpretations prevent charges.