Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/11/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB76 | |
| HB307 | |
| HB20 | |
| SB195 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 195 | TELECONFERENCED | |
| += | SB 47 | TELECONFERENCED | |
| += | SJR 14 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| + | SB 76 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| += | HB 307 | TELECONFERENCED | |
| += | HB 44 | TELECONFERENCED | |
| + | HB 20 | TELECONFERENCED | |
| + | SB 134 | TELECONFERENCED | |
HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF
3:26:19 PM
CHAIR COGHILL announced the consideration of HB 307. [CSHB
307(JUD) was before the committee.] He noted who was available
to answer questions.
3:27:15 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 307, introduced the bill speaking to the
following sponsor statement:
In an effort to continue to modernize and update the
Alaska Military Code, House Bill 307 provides
statutory changes to incorporate recent updates from
the federal Uniform Code of Military Justice (UCMJ)
and Servicemembers Civil Relief Act (SCRA).
In 2016, Alaska's military command worked with the
legislature to pass the Alaska Code of Military
Justice (ACMJ) to provide greater ability to pursue
and prosecute those servicemembers who violate
military rules and protocols. House Bill 307 is a
continuation of those efforts.
House Bill 307 would update crimes recognized by the
UCMJ, establish a procedure within the code of
military justice for a service member who commits a
sexual offense to register as a sex offender or child
kidnapper, update offenses that are subject to court-
martial proceedings and update consumer protections
for service members.
In close and continuing consultation with the
Department of Military and Veterans Affairs, we are
continuing our efforts to guaranteeing the safety of
Alaskans and the security of our law-enforcement
procedures.
Updating the ACMJ regularly is a critical response to
the always-evolving military justice system, and vital
to maintaining good order and discipline in the Alaska
Organized Militia, so it is timely and necessary that
we pass HB 307. I urge your support of this
legislation.
REPRESENTATIVE TUCK advised that the Uniform Code of Military
Justice (UCMJ) has been around in some form since 1775. Most
states try to adhere to that code so that service members know
what to expect when they transfer from one state to the next.
Including the Service Contract Act in the code also helps
service members who are protecting the nation.
3:29:26 PM
CHAIR COGHILL asked if the National Guard Bureau supports this
for active duty members.
REPRESENTATIVE TUCK said yes and they also worked with the
Alaska Command to make sure that it fits with the Alaska
Constitution.
CHAIR COGHILL asked Kendra Kloster to walk through the
sectional.
3:30:13 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, Juneau, Alaska, said HB 307 reflects the recent
updates to the federal Uniform Code of Military Justice. She
delivered the sectional analysis speaking to the prepared
document.
MS. KLOSTER noted that Sections 1-5 ensure that sex offenses
committed under the military code are reflected under Title 12.
The idea is that sex offense under the military code are
reported to the Department of Public Safety (DPS) so the
individual is added to the state's sex offender registry.
Section 1. Amends AS 12.63.100(1) to include within
the definition of aggravated sexual offense an offense
under AS 26.05.890 if the person engaged in or
attempted to engage in sexual penetration and an
offense under AS 26.05.893 if the prohibited sexual
activity in which the militia member engaged or
attempted to engage in sexual penetration.
Section 2. Amends AS 12.63.100(2) to include within
the definition of child kidnapping an offense,
attempt, solicitation, or conspiracy to commit an
offense under AS 26.05.935(b) if the member of the
militia commits an enumerated offense of kidnapping
punishable under Article 134 of the Uniform Code of
Military Justice (UCMJ) and the victim was under 18
years of age at the time of the offense.
Section 3. Amends AS 12.63.100(6) to include within
the definition of sex offense indecent exposure under
AS 26.05.900(c) and other qualifying conviction under
AS 26.05.890 and 26.05.893 as specified.
Section 4. Amends AS 12.63.100 by adding new
paragraphs that define "sexual contact" and "sexual
penetration" to have the same meaning as given these
terms in AS 11.81.900.
Section 5. Amends AS 18.65.087(a) to include a court
judgment that the Department of Public Safety receives
from the Department of Military and Veterans Affairs
for convictions under AS 26.05.890(h), 26.05.893(d),
26.05.900(e), or 26.05.935(d) as information for the
sexual offender registry.
Section 6. Amends AS 26.05.135 to extend the benefits
of the Service members Civil Relief Act, especially
those pertaining to consumer transactions, to all
members of the Alaska Organized Militia (AOM), i.e.,
the Alaska Army National Guard, the Alaska Air
National Guard, the Alaska Naval Militia, and the
Alaska State Defense Force.
Section 7. Amends AS 26.05.135 by adding new
subsections: (b) allowing Service members to terminate
of certain contracts for consumer services if ordered
to relocate; (c) directing that Servicemembers must
furnish service providers with written notice of
contract termination and written proof of relocation
orders; (d) allowing Servicemembers to reinstate
terminated contracts upon separation from the AOM; (e)
prohibiting service providers from charging a Service
member for terminating a contract and releasing
Servicemembers from any payment obligation after the
termination; and (f) defining militia members as
members of the AOM, and the organized militia as
including the Alaska (Army and Air) National Guard,
Alaska Naval Militia, and Alaska State Defense Force
and defining servicemember of the armed forces of the
United States or a member of the organized militia of
the state.
CHAIR COGHILL asked how Section 7 works in practice.
MS. KLOSTER said that when service members are deployed they can
notify businesses so they won't be placed in default on bills or
contracts while they are away. If they do go into default, they
have civil recourse. She deferred further explanation to Bob
Doehl.
3:33:06 PM
BOB DOEHL, Deputy Commissioner, Department of Military &
Veterans Affairs (DMVA), Anchorage, Alaska, explained that the
person who is deploying notifies relevant venders or businesses
that they are invoking their rights under the Civil Service
Relief Act. If a military member finds they are in default when
they return, DMVA encourages them to contact the vender or
business to resolve the differences. If necessary something
similar to the Employer Support of the Guard and Reserve process
assists the businesses in understanding their rights and
obligations.
MS. KLOSTER continued the sectional analysis for HB 307.
Section 8. Amends AS 26.05.380 (b) by striking
language reserving Servicemembers' ability to reject
non-judicial punishment and opt instead for court-
martial, essentially restoring the "no turn-down"
clause proposed in the original ACMJ update of 2015-
16.
Section 9. Amends AS 26.05.555 to reflect additional
language in the amended Rules for Courts-Martial 201
(c) that provides judges may hold a person in contempt
of court for willfully disobeying a court-martial
order or creating a disturbance during proceedings.
Section 10. Amends AS 26.05 to add a new section AS
26.05.697 making failing to reveal or concealing from
authorities serious offenses committed by others, and
militia members committing these offenses subject to
punishment as courts-martial may direct.
Section 11. Amends AS 26.05.700 to allow an accused to
be found guilty of lesser offenses necessarily
included in offenses charged or of attempts to commit
either, regarding offenses designated by the President
in an appendix to the 2017 Manual for Courts-Martial.
Section 12. Amends AS 26.05.715 to add a new
subsection (c) prohibiting a member of the militia
from soliciting or advising another person to commit
an offense under this chapter, and making militia
members committing such offenses subject to punishment
as courts-martial may direct.
Section 13. Amends AS 26.05 by adding new section AS
26.05.737 prohibiting militia members from wrongfully
manipulating, creating, using, selling, or otherwise
falsifying official identifications, passes, permits,
or certificates and making militia members committing
these offenses subject to punishment as courts-martial
may direct.
Section 14. Amends AS 26.05.740 to specify
intentionally or wrongfully jumping into the water
from a vessel in use by the armed forces so as to miss
a transportation movement required by duty is an
offense and a militia member committing such an
offense is subject to punishment as a court-martial
may direct.
Section 15. Amends AS 26.05 by adding new section AS
26.05.767 describing impersonation of officers, non-
commissioned officers, petty officers, agents, or
officials, and AS 26.05.768 designating wearing
unauthorized insignias, decorations, badges, ribbons,
devices, or lapel buttons as offenses, and militia
members committing these offenses are subject to
punishment as courts-martial may direct.
Section 16. Amends AS 26.05 by adding new section AS
26.05.785 designating a militia member who engages in
inappropriate release of a prisoner or unlawfully
drinking an alcoholic beverage with a prisoner is
subject to punishment as a court-martial may direct.
Section 17. Amends AS 26.05 by adding new section AS
26.05.793 making wrongful interference with an adverse
administrative proceeding an offense, and a militia
member committing such an offense subject to
punishment as a court-martial may direct.
Section 18. Amends AS 26.05 by adding new section AS
26.05.796 designating a militia member engaging in
wrongful refusal to testify to an official military
proceeding as subject to punishment as a court-martial
may direct. Adds a new section AS 26.05.798
prohibiting retaliation against a person for reporting
or planning to report a criminal offense, and making
militia members who commit such offenses subject to
punishment as courts-martial may direct.
Section 19. Amends AS 26.05 by adding new section AS
26.05.833 prohibiting certain offenses against
correctional custody and restriction, including escape
and exceeding the limits of physical restriction, and
making militia members committing such offenses
subject to punishment as courts-martial may direct.
Section 20. Amends AS 26.05.835 to add a new
subsection (b) providing a militia member violating or
falsely making an official oath is subject to
punishment as a court-martial may direct.
Section 21. Amends AS 26.05.855(b) to make a
conforming change to remove the reference of a
controlled substance in AS 26.05.870 (c), the
definition of a controlled substance was moved to the
definition section in AS 26.05.990.
Section 22. Amends AS 26.05.855(c) to make a
conforming change to remove the reference of a
controlled substance in AS 26.05.870 (c), the
definition of a controlled substance was moved to the
definition section in AS 26.05.990.
Section 23. Amends AS 26.05.860 changing the offense
of "Drunk on Duty" to "Drunkenness and Other
Incapacitating Offenses" offenses to include
incapacitation due to indulgence in any alcoholic
beverage or any drug, and making militia members who
commit such offenses subject to punishment as courts-
martial may direct.
Section 24. Amends AS 26.05.860 by adding new
subsection (b) directing a member of the militia,
while in status as a prisoner is drunk or under the
influence of a controlled substance without a valid
prescription, shall be punished as a court-martial may
direct.
Section 25. Amends AS 26.05.865 to include sentinels
loitering or wrongfully sitting down on duty or is
unable to perform their duty as a result from any
alcoholic beverage or drug is subject to punishment as
courts-martial may direct.
Section 26. Amends AS 26.05 by adding new section AS
26.05.867 directing militia members engaged in
improper behavior toward a sentinel or lookout are
subject to punishment as courts-martial may direct.
Section 27. Amends AS 26.05.890(a) to enumerate the
offenses for which militia members would be guilty of
sexual assault and subject to punishment as courts-
martial may direct.
Section 28. Amends AS 26.05.890 by adding news
subsections (g) defining when court-martial convening
authorities may reduce, commute, or suspend sentences
imposed by court-martial for offenses of sexual
assault, and (h) requiring courts-martial to provide
offenders convicted of sexual assault with information
regarding sex offender registration under AS
12.63.010.
Section 29. Amends AS 26.05 by adding new section AS
26.05.893 describing prohibited activities between
militia members in positions of special trust and
military recruits, trainees, and subordinates, and
prescribing such offenses are subject to punishment as
courts-martial may direct. AS 26.05.893 specifies
consent is not a defense for any conduct at issue in a
prosecution under this statute.
Section 30. Amends AS 26.05 by adding new section AS
26.05.897 defining the offenses of assault and
aggravated assault, and specifying militia members
committing these offenses are subject to punishment as
courts-martial may direct.
Section 31. Amends AS 26.05.900(a) to include
broadcasting and distribution of indecent recordings
as described in this section as offenses for which
militia members would be subject to punishment as
courts-martial may direct.
Section 32. Amends AS 26.05.900(d) by adding a new
paragraph defining "recording" as that contained in
the 2016 Amendment to article 120c of the UCMJ, "a
still or moving visual image captured or recorded by
any means," and "without the other person's consent"
as having the same meaning as given to "without
consent" in AS 11.41.470.
Section 33. Amends AS 26.05.900 by adding new section
(e) requiring courts-martial to provide offenders
convicted of sexual assault with information regarding
sex offender registration under AS 12.63.010.
Section 34. Amends AS 26.05 by adding new section AS
26.05.913 making militia members engaged in willfully
and unlawfully manipulating public records with ill
intent subject to punishment as courts-martial may
direct.
Section 35. Amends AS 26.05.935 by adding new
subsection (d) requiring offenders convicted of
enumerated offenses under (b) of this section to
register as sex offenders under AS 12.63, and
requiring courts-martial to provide offenders with
information regarding sex offender registration.
Section 36. Amends AS 26.05 by adding new sections AS
26.05.940 prohibiting willful and intentional misuse
of government computers, programs, codes, and data,
and AS 26.05.945 prohibiting knowing and willful
violation of the limits of a medical quarantine, and
making militia members engaged in such offenses
subject to punishment as a court-martial may direct.
Section 37. Amends AS 26.05.990 to include the
definition of a controlled substance. The definition
was originally located in AS 26.05.870(c). Section 38.
Repeals AS 26.05.870 (c).
Section 39. Amends the uncodified law of the State of
Alaska to reconcile the generally equivalent military
and civilian offenses, and specify the dates the new
measures above will apply to cases involving these
offenses.
Section 40. Amends the uncodified law of the State of
Alaska to allow this Act to take effect only after The
Adjutant General (TAG) notifies the revisor of
statutes on or before 1 January2019 the President of
the United States has signed an Executive Order
designating the effective date, under the National
Defense Authorization Act, of the amendments to the
UCMJ made by the Military Justice Act of 2016.
Section 41. Amends the uncodified law of the State of
Alaska to allow Sections 1-5, 8-38, and 39 (b)-(d) of
this Act to take effect only if TAG notifies the
revisor of statutes as prescribed in Section 40 above.
Section 42. Specifies if Sections 1-5, 8-38, and 39
(b)-(d) of this Act take effect under Section 41
above, they take effect 1 January 2019.
Section 43. Establishes 1 July 2018 as this Act's
effective date, except as provided in Section 38
above.
CHAIR COGHILL observed that the various effective dates appear
to dovetail with either the Uniform Military Code or the
National Guard Bureau efforts.
MS. KLOSTER said that's correct. The bill also has some
conditional effect language because the current Uniform Code of
Military Justice is still in process.
CHAIR COGHILL asked how many bills on this topic are going
through the process.
3:43:29 PM
REPRESENTATIVE TUCK said this is the fourth bill that updates
portions of Title 26 and they're all in the Senate.
SENATOR SHOWER asked if Alaska's defense forces have had a
chance to review the bill and ensure that it matches federal
law.
MS. KLOSTER said the sponsor has gotten a lot of help drafting
the bill from Captain Blake Circle and Lieutenant Colonel Chris
Weaver. They have been an integral part of making the bill work.
SENATOR COSTELLO referenced the controlled substance list in
subsection (d) on page 18, line 26, and asked if Ambien is
included in the list. It's a federal Schedule I drug to improve
sleep that has been found to cause sleepwalking and sleep-
driving.
3:46:05 PM
CAPTAIN BLAKE CIRCLE, Alaska Army National Guard, JBER, Alaska,
stated that Ambien would be covered under the bill if it falls
within the federal schedule.
SENATOR SHOWER asked if they found that the changes proposed by
HB 307 match the federal Uniform Code of Military Justice and
mesh with the Alaska Constitution.
CAPTAIN CIRCLE said there were concerns when the ACMJ went
through originally, but this time he didn't find any major
differences. It largely matches the federal code.
3:48:02 PM
CHAIR COGHILL asked the sponsor if he'd heard any criticism of
the bill.
REPRESENTATIVE TUCK said no. There was some discussion related
to Senator Costello's question and everyone was comfortable.
MS. KLOSTER said a committee substitute is forthcoming to ensure
the bill aligns with current statute. She noted that she had
been working through the chair's office.
3:49:18 PM
CHAIR COGHILL held HB 307 in committee.