Legislature(2021 - 2022)GRUENBERG 120
04/08/2021 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB106 | |
| HB102 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 103 | TELECONFERENCED | |
| += | HB 106 | TELECONFERENCED | |
| *+ | HB 102 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 106-MISSING PERSONS UNDER 21 YEARS OLD
3:05:39 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 106, "An Act relating to missing persons
under 21 years of age."
3:06:26 PM
The committee took a brief at-ease.
3:06:57 PM
REPRESENTATIVE VANCE moved to adopt Amendment 1, [labeled 32-
GH1581\A.1, Radford, 4/7/21], which read:
Page 1, line 1, following "Act":
Insert "relating to human trafficking; and"
Page 1, following line 2:
Insert a new bill section to read:
"* Section 1. AS 11.41.360(a) is amended to read:
(a) A person commits the crime of human
trafficking in the first degree if the person compels
or induces another person to engage in sexual conduct,
adult entertainment, or labor in the state by force or
threat of force against any person, [OR] by deception,
or by coercion."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
CHAIR KREISS-TOMKINS objected for the purpose of discussion.
3:07:07 PM
REPRESENTATIVE VANCE recalled that during the previous bill
hearing on 4/1/21, a representative from the Department of
Public Safety (DPS) had mentioned that the college age group
[18-21] was more susceptible to coercion, which she later
concluded could lead to human trafficking. Consequently, she
observed that [Alaska's] human trafficking laws did not include
the term "coercion." She explained that Amendment 1 would add
"or by coercion" to the definition of human trafficking. She
deferred to the Department of Law (DOL) for further explanation.
3:09:40 PM
KACI SCHROEDER, Assistant Attorney General, Department of Law
(DOL), stated that DOL was unsure of what the sponsor of
Amendment 1 meant by "coercion." She explained that if the
sponsor meant to include the crime of coercion, as it appears in
Title 11, a defense attorney could argue that because the
broader crime of coercion is a class C felony and a lower class
of offense than human trafficking [class A felony], it should be
charged with the lower offense. She added that additional
amendments would be required to prevent that from happening.
Therefore, as drafted, DOL had concerns with implementing
Amendment 1 consistent with the intent of the legislature.
REPRESENTATIVE VANCE concluded that Alaska's human trafficking
statutes required further work. She asserted that the statutes
should clarify that coercion is a factor in human trafficking
while allowing the crime to be prosecuted to the full extent of
the law. She withdrew Amendment 1 in light of Ms. Schroeder's
advice and informed committee members that she was working on a
more comprehensive human trafficking bill.
3:12:28 PM
REPRESENTATIVE CLAMAN asked whether the majority of sex
trafficking prosecutions in Alaska were being prosecuted by the
federal government or the state.
MS. SCHROEDER answered both. She said she couldn't determine
who was doing more prosecutions, just that state and federal
prosecutors worked closely on them together.
3:13:40 PM
REPRESENTATIVE EASTMAN asked whether the intent of Amendment 1
was to account for scenarios involving drug use.
REPRESENTATIVE VANCE relayed that she was trying to bring
Alaska's human trafficking definitions up to the federal
standard by including the word "coercion." She said she had not
specifically thought of drugs [while drafting the amendment], as
not all instances of coercion involve them.
3:15:04 PM
REPRESENTATIVE STORY expressed her appreciation for the bill.
She informed committee members that many people in her district
and across the state were concerned [about missing persons under
the age of 21].
CHAIR KREISS-TOMKINS invited final comments from the committee
on HB 106.
3:15:53 PM
REPRESENTATIVE VANCE stated her appreciation for the
administration for bringing this legislation forward and
updating the reporting standards for missing persons under the
age of 21. She believed that many people were not aware of this
issue or its connection to human trafficking. Further, she
addressed the [high rates of] missing and murdered indigenous
women. She shared a personal anecdote regarding a missing woman
from her district [District 31] and stressed the importance of
recognizing signs "of people who are being sought after and go
missing." She also reported that 25 percent of the homeless
population [in Alaska] were trafficked, which falls into the
missing persons category.
3:17:43 PM
REPRESENTATIVE EASTMAN believed it was important to understand
how the legislature intended "reasonable efforts" on page 2,
line 9, to be interpreted. He opined that without clear intent,
the requirement for reasonable effort could be ineffective or
work done by law enforcement would be "extremely difficult to
work into all the other tasks [the legislature] is asking law
enforcement to do." He maintained that the term "reasonable" is
subjective. Additionally, he directed attention to Section 2,
paragraph (2), of the bill, which required [that a request be
made] to remove the information from state and national
databases within 24 hours of the missing person being located.
He argued that sometimes, information regarding a missing person
may not be accurate. He said in those situations, the 24-hour
requirement may need further refinement.
3:19:40 PM
REPRESENTATIVE KAUFMAN suggested referring the bill to the House
Judiciary Standing Committee (HJUD) to resolve the
aforementioned concerns.
CHAIR KREISS-TOMKINS recommended raising that consideration to
the chair of HJUD or the speaker of the House, as [the speaker]
makes the referrals.
REPRESENTATIVE CLAMAN in response to Representative Kaufman,
explained that the intent of this legislation was to align
Alaska statutes with federal law to acquire federal funds for
missing persons reports. He said he appreciated the idea that
HJUD could add much to the process; however, he disagreed with
that opinion, as the House State Affairs Standing Committee's
process had been robust. He concluded by stating his support
for the bill.
3:21:28 PM
REPRESENTATIVE TARR said research showed that a young person is
typically trafficked within 48 hours, which indicated that
timing is critical. She expressed her hope that "they will be
able to do it within 24 hours because it's less likely that
they'll be able to help that young person the more time goes
on."
3:22:04 PM
REPRESENTATIVE STORY agreed with Representative Tarr's remarks.
She expressed her support for the legislation and hoped that it
would pass expeditiously.
3:22:30 PM
REPRESENTATIVE CLAMAN moved to report HB 106 out of committee
with individual recommendations and the accompanying fiscal
notes. Without objection, HB 106 was moved from the House State
Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0102 version A.PDF |
HSTA 4/8/2021 3:00:00 PM |
HB 102 |
| HB102 BHR Memo HSTA 2-23-21.pdf |
HSTA 4/8/2021 3:00:00 PM |
HB 102 |
| HB102 Sectional Analysis version A 2-23-21.pdf |
HSTA 4/8/2021 3:00:00 PM |
HB 102 |
| HB102 Sponsor Statement 2-17-21.pdf |
HSTA 4/8/2021 3:00:00 PM |
HB 102 |
| HB102-DOA-DRM Catfund presentation 040121.pdf |
HSTA 4/8/2021 3:00:00 PM |
HB 102 |
| HB 106 Amendment A.1 - Vance 4.7.21.pdf |
HSTA 4/8/2021 3:00:00 PM |
HB 106 |
| HB 106 Legal Memo re Amendment A.1.pdf |
HSTA 4/8/2021 3:00:00 PM |
HB 106 |
| HB 102 Fiscal Note - DOA 4.8.21.pdf |
HSTA 4/8/2021 3:00:00 PM |
HB 102 |