Legislature(2013 - 2014)CAPITOL 120

03/25/2013 01:00 PM House JUDICIARY


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01:16:18 PM Start
01:18:15 PM HB73
02:30:51 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 140 NOTICE FOR REGULATION ADOPTION TELECONFERENCED
Scheduled But Not Heard
+= HB 73 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT TELECONFERENCED
Heard & Held
+ SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT TELECONFERENCED
Scheduled But Not Heard
<Pending Referral>
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 73 - CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                    
                                                                                                                                
1:18:15 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the only order of  business would be                                                               
HOUSE  BILL NO.  73,  "An  Act relating  to  the commencement  of                                                               
actions for felony sex trafficking  and felony human trafficking;                                                               
relating to  the crime of  sexual assault; relating to  the crime                                                               
of unlawful  contact; relating to  forfeiture for  certain crimes                                                               
involving  prostitution;  relating  to   the  time  in  which  to                                                               
commence certain prosecutions; relating  to release for violation                                                               
of a  condition of release  in connection with a  crime involving                                                               
domestic   violence;   relating   to  interception   of   private                                                               
communications for  certain sex trafficking or  human trafficking                                                               
offenses;  relating   to  use  of  evidence   of  sexual  conduct                                                               
concerning victims of certain crimes;  relating to procedures for                                                               
granting  immunity  to  a  witness   in  a  criminal  proceeding;                                                               
relating to consideration at sentencing  of the effect of a crime                                                               
on the  victim; relating to the  time to make an  application for                                                               
credit for  time served  in detention in  a treatment  program or                                                               
while  in other  custody;  relating to  suspending imposition  of                                                               
sentence for  sex trafficking; relating to  consecutive sentences                                                               
for convictions of certain crimes  involving child pornography or                                                               
indecent materials to minors; relating  to the referral of sexual                                                               
felonies to  a three-judge panel;  relating to the  definition of                                                               
'sexual felony'  for sentencing and  probation for  conviction of                                                               
certain  crimes;  relating to  the  definition  of "sex  offense"                                                               
regarding  sex  offender  registration;  relating  to  protective                                                               
orders for stalking and sexual  assault and for a crime involving                                                               
domestic  violence;   relating  to  the  definition   of  'victim                                                               
counseling  centers'  for  disclosure of  certain  communications                                                               
concerning  sexual  assault  or domestic  violence;  relating  to                                                               
violent crimes  compensation; relating to certain  information in                                                               
retention  election of  judges concerning  sentencing of  persons                                                               
convicted  of felonies;  relating to  remission of  sentences for                                                               
certain sexual  felony offenders; relating to  the subpoena power                                                               
of  the  attorney  general  in  cases involving  the  use  of  an                                                               
Internet  service  account;  relating to  reasonable  efforts  in                                                               
child-in-need-of-aid   cases  involving   sexual  abuse   or  sex                                                               
offender  registration;   relating  to  mandatory   reporting  by                                                               
athletic  coaches of  child abuse  or neglect;  making conforming                                                               
amendments; amending  Rules 16,  32.1(b)(1), and  32.2(a), Alaska                                                               
Rules  of  Criminal  Procedure,  Rule  404(b),  Alaska  Rules  of                                                               
Evidence, and Rule 216, Alaska  Rules of Appellate Procedure; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
[Before the committee was the  proposed committee substitute (CS)                                                               
for HB  73, Version 28-GH1587\U,  Strasbaugh, 3/20/13,  which was                                                               
adopted as the working document on 3/22/13.]                                                                                    
                                                                                                                                
1:18:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  made  a  motion  to  adopt  Amendment  1,                                                               
labeled 28-GH1587\U.3, Strasbaugh, 3/23/13, which read:                                                                         
                                                                                                                                
     Page 20, lines 18 - 20:                                                                                                    
          Delete ", the defendant's attorney, and any                                                                           
        individual the defendant may seek to qualify to                                                                         
     furnish expert testimony at trial"                                                                                         
          Insert "and the defendant's attorney"                                                                                 
                                                                                                                                
     Page 20, line 23:                                                                                                          
          Delete "outside the state"                                                                                            
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE LEDOUX  explained that  Amendment 1  would address                                                               
the  concern  expressed  by  the  Public  Defender  Agency  (PDA)                                                               
regarding Section 39's  proposal to directly amend  Rule 16(b) of                                                               
the  Alaska Rules  of Criminal  Procedure in  order to  limit the                                                               
publication of  child pornography  required during  the discovery                                                               
process  in a  criminal trial  -  that concern  being that  under                                                               
Section  39 as  currently  written, only  an out-of-state  expert                                                               
witness  may  have such  evidentiary  material  sent to  him/her,                                                               
whereas an in-state  expert witness would instead  have to travel                                                               
to where  that material is  being kept.   Under Amendment  1, the                                                               
evidentiary material could instead be  sent to the expert witness                                                               
regardless of where he/she is located.                                                                                          
                                                                                                                                
CHAIR   KELLER  removed   his  objection,   and  announced   that                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
1:23:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  [made a  motion to adopt]  Amendment 2,                                                               
labeled 28-GH1587\U.1, Strasbaugh, 3/22/13, which read:                                                                         
                                                                                                                                
     Page 19, line 3:                                                                                                           
          Delete "[OR]"                                                                                                         
          Insert "or"                                                                                                           
                                                                                                                                
     Page 19, lines 4 - 5:                                                                                                      
          Delete "or, with respect to (9) of this                                                                           
      subsection, in performance of their occupational or                                                                   
     volunteer duties,"                                                                                                     
                                                                                                                                
     Page 19, lines 22 - 31:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 20, line 2:                                                                                                           
          Delete "includes a paid or volunteer"                                                                                 
          Insert "means a paid"                                                                                                 
                                                                                                                                
     Page 22, line 29:                                                                                                          
          Delete "sec. 43"                                                                                                      
          Insert "sec. 42"                                                                                                      
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG explained that  Amendment 2, by deleting                                                               
all  of  the bill's  references  to  volunteer athletic  coaches,                                                               
would result  in only paid  athletic coaches [being added  to the                                                               
statutory  list  of  people  who  would  be  required  to  report                                                               
instances of  suspected child  abuse/neglect]; Amendment  2 would                                                               
also define the  term, "athletic coach" to mean a  paid leader or                                                               
assistant   of  [certain]   sports  teams,   and  would   provide                                                               
conforming  changes  addressing  the renumbering  of  the  bill's                                                               
remaining sections.                                                                                                             
                                                                                                                                
CHAIR KELLER  removed his objection,  and ascertained  that there                                                               
were  no  further  objections.   [Although  nothing  further  was                                                               
stated, Amendment 2 was treated as having been adopted.]                                                                        
                                                                                                                                
1:27:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment  3, labeled  28-LS8002\A.1, Strasbaugh,  3/22/13, which                                                               
read:                                                                                                                           
                                                                                                                                
     Page _____, line _____:                                                                                                    
          Insert "relating to the rights of certain victims                                                                   
     of sexual assault, sexual abuse of a minor, or incest                                                                    
      to obtain legal and equitable remedies for injuries                                                                     
     arising from the conduct of a perpetrator;"                                                                              
                                                                                                                                
     Page _____, line _____:                                                                                                    
     Insert a new bill section to read:                                                                                         
        "* Sec. A. AS 25.23.180(i) is amended to read:                                                                      
          (i)  Proceedings for the termination of parental                                                                      
     rights  on  the  grounds  set out  in  (c)(3)  of  this                                                                    
     section do not affect the  rights of a victim of sexual                                                                
     assault, sexual abuse  of a minor, or  incest to obtain                                                            
     legal  and equitable  civil remedies  for all  injuries                                                                    
     and damages arising out of the perpetrator's conduct."                                                                     
                                                                                                                                
CHAIR KELLER and REPRESENTATIVE MILLETT objected.                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG -  after  mentioning  that the  drafter                                                               
would  insert   Conceptual  Amendment  3's   proposed  additional                                                               
language where  appropriate under Version  U, and referring  to a                                                               
memorandum  dated  March 22,  2013,  to  a research  brief  dated                                                               
February  11,  2013, both  from  Legislative  Legal and  Research                                                               
Services, and to information included  therein regarding a [1986]                                                               
court  case   and  resulting  legislation  passed   in  [1987]  -                                                               
explained   that  currently,   under   the  statutes   addressing                                                               
adoption, one could have one's  parental rights terminated on the                                                               
grounds  that one  perpetrated a  crime  of sexual  assault or  a                                                               
crime  of sexual  abuse of  a minor  on the  other parent  of the                                                               
child  conceived  by that  illegal  act.   However,  the  statute                                                               
stipulating  that proceedings  for such  termination of  parental                                                               
rights do  not affect the  rights of  the victim to  obtain legal                                                               
and  equitable civil  remedies from  the perpetrator  - sometimes                                                               
referred to  as a "savings" statute,  he remarked - does  not yet                                                               
apply to victims of the crimes  of sexual assault.  Instead, that                                                               
savings  statute  currently only  applies  to  victims of  sexual                                                               
abuse  of  a  minor  crimes  and to  victims  of  incest  crimes.                                                               
Conceptual Amendment 3 would address  that gap not dealt with [in                                                               
1987]  by adding  to  that  savings statute  a  reference to  the                                                               
crimes of  sexual assault, so  that it  would then also  apply to                                                               
the victims of those crimes.                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG, in response  to comments and questions,                                                               
asserted that  the change proposed  by Conceptual Amendment  3 to                                                               
AS  25.23.180(i)  is  necessary  in order  to  provide  statutory                                                               
clarification regarding  the rights of victims  of sexual assault                                                               
crimes  - again,  AS 25.23.180(i)  currently  only addresses  the                                                               
rights  of victims  of sexual  abuse of  a minor  crimes and  the                                                               
rights of  victims of incest  crimes; pointed out that  the bill,                                                               
in the  context of  sexual offenses,  is already  proposing other                                                               
changes  to  Alaska's civil  statutes;  and  offered his  belief,                                                               
therefore, that Conceptual Amendment 3  would not be ruled by the                                                               
courts  as  violating  Alaska's  single-subject  requirement  for                                                               
legislation.  [Adoption  of] Conceptual Amendment 3  won't do any                                                               
harm, he opined in conclusion.                                                                                                  
                                                                                                                                
1:43:10 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal  Division,  Department   of  Law  (DOL)  -  in                                                               
response to further  comments and questions, and  noting that she                                                               
would  need  to  conduct  further research  -  acknowledged  that                                                               
Conceptual Amendment 3, in  addressing Alaska's adoption statutes                                                               
in  the context  of  sexual assault  crimes  and resulting  legal                                                               
proceedings,  is tangentially  relevant  to the  bill.   She  too                                                               
noted that  in the context of  sexual offenses, HB 73  is already                                                               
proposing   other    changes   to   Alaska's    civil   statutes,                                                               
characterized  Conceptual Amendment  3  as  proposing a  "savings                                                               
clause,"  and offered  her understanding  that  it would  provide                                                               
clarity.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  in   response  to  further  comments,                                                               
agreed to  research the issues  raised by Conceptual  Amendment 3                                                               
further, and provide the committee with additional information.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  therefore   then  withdrew  Conceptual                                                               
Amendment 3.                                                                                                                    
                                                                                                                                
[Note  to  the  reader:    The  changes  proposed  by  Conceptual                                                               
Amendment   3  were   redrafted  for   inclusion  in   Version  U                                                               
specifically, and  were addressed  again and  adopted -  via what                                                               
became  known as  Amendment 4  - during  the committee's  3/27/13                                                               
hearing on HB 73.]                                                                                                              
                                                                                                                                
2:02:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  [referred  to]  a  proposed  amendment                                                               
labeled  28-GH1587\U.4,  Gardner/Strasbaugh,  3/25/13, and  to  a                                                               
memorandum  from Legislative  Legal and  Research Services  dated                                                               
March 25, 2013; the proposed U.4 amendment read:                                                                                
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert   "relating   to   the   crime   of   human                                                                  
     trafficking;"                                                                                                            
                                                                                                                                
     Page 2, line 19:                                                                                                           
          Delete "SECS. 21 AND 22"                                                                                              
          Insert "SECS. 23 AND 24"                                                                                              
                                                                                                                                
     Page 3, line 4:                                                                                                            
          Delete "sec. 21"                                                                                                      
          Insert "sec. 23"                                                                                                      
                                                                                                                                
     Page 3, line 5:                                                                                                            
          Delete "sec. 22"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 3, following line 7:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "*  Sec.  2. The  uncodified  law  of the  State  of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE FINDINGS AND INTENT FOR SEC. 4.  It                                                                       
     is the  intent of  the legislature  in AS 11.41.360(a),                                                                    
     as  amended  by sec.  4  of  this  Act, to  delete  the                                                                    
     requirement that the  sexual conduct, entertainment, or                                                                    
     labor be  compelled or induced  to occur in  this state                                                                    
     and  by  doing  so   allow  the  prosecution  of  human                                                                    
     trafficking   offenses   regardless  of   whether   the                                                                    
     compelling   or  inducing   or   the  sexual   conduct,                                                                    
     entertainment,  or  labor  occurs   in  this  state  or                                                                    
     outside this  state to the maximum  extent permitted by                                                                    
     the constitution."                                                                                                         
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, following line 7:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 4. 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."                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 22, line 11:                                                                                                          
          Delete "sec. 16"                                                                                                      
          Insert "sec. 18"                                                                                                      
                                                                                                                                
     Page 22, line 18:                                                                                                          
          Delete "Sections 2 - 15, 19, 20, 24, and 30"                                                                          
          Insert "Sections 3 - 17, 21, 22, 26, and 32"                                                                          
                                                                                                                                
     Page 22, line 20:                                                                                                          
          Delete "Sections 16, 21 - 23, 27, and 28"                                                                             
          Insert "Sections 18, 23 - 25, 29, and 30"                                                                             
                                                                                                                                
     Page 22, line 22:                                                                                                          
          Delete "Section 17"                                                                                                   
          Insert "Section 19"                                                                                                   
                                                                                                                                
     Page 22, line 24:                                                                                                          
          Delete "Section 18"                                                                                                   
          Insert "Section 20"                                                                                                   
                                                                                                                                
     Page 22, line 28:                                                                                                          
          Delete "Section 16"                                                                                                   
          Insert "Section 18"                                                                                                   
                                                                                                                                
     Page 22, line 29:                                                                                                          
          Delete "sec. 43"                                                                                                      
          Insert "sec. 45"                                                                                                      
                                                                                                                                
The committee took an at-ease from 2:03 p.m. to 2:08 p.m.                                                                       
                                                                                                                                
CHAIR KELLER  offered his  understanding that  there was  still a                                                               
question  regarding  whether  the proposed  U.4  amendment  would                                                               
actually do as Representative Gruenberg intended.                                                                               
                                                                                                                                
2:09:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG relayed  that what  he'd intended  with                                                               
the  proposed  U.4  amendment  was for  it  to  address  activity                                                               
[constituting  the  crime  of  human  trafficking  in  the  first                                                               
degree] wherein the perpetrator is  outside Alaska but the victim                                                               
is  in Alaska,  so  that  the state  would  have jurisdiction  to                                                               
prosecute such  a perpetrator regardless  of whether  he/she ever                                                               
sets foot in Alaska.                                                                                                            
                                                                                                                                
REPRESENTATIVE MILLETT indicated favor with that concept.                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG offered  his understanding that Alaska's                                                               
courts have already addressed a similar jurisdiction issue.                                                                     
                                                                                                                                
CHAIR  KELLER,  again noting  that  there  was still  a  question                                                               
regarding  the  actual  effect of  the  proposed  U.4  amendment,                                                               
requested  that   further  research   be  conducted   before  the                                                               
committee takes any action on that amendment.                                                                                   
                                                                                                                                
CHAIR KELLER, referring then to  HB 73's Version U, characterized                                                               
Section  2's   proposal  to  eliminate   the  civil   statute  of                                                               
limitations   for   felony-level   sex  trafficking   and   human                                                               
trafficking crimes as a huge change.                                                                                            
                                                                                                                                
MS.   CARPENETI,  in   response   to   questions  regarding   the                                                               
proposed U.4 amendment, indicated  that enforcement, prosecution,                                                               
and  jurisdiction  issues  can  arise  when  addressing  behavior                                                               
occurring outside Alaska.                                                                                                       
                                                                                                                                
REPRESENTATIVE  PRUITT added  that he  is interested  in ensuring                                                               
that  the   proposed  U.4   amendment  also   addresses  activity                                                               
[constituting  the  crime  of  human  trafficking  in  the  first                                                               
degree] wherein  the perpetrator is  in Alaska but the  victim is                                                               
outside  Alaska, so  that the  state would  have jurisdiction  to                                                               
prosecute  such  a  perpetrator  regardless  of  whether  his/her                                                               
victim is ever in Alaska.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG added  his understanding  that existing                                                               
law already addresses certain jurisdiction  issues, and agreed to                                                               
conduct  further   research  into   the  issues  raised   by  the                                                               
proposed U.4 amendment.                                                                                                         
                                                                                                                                
[HB 73, Version U as amended, was held over.]                                                                                   

Document Name Date/Time Subjects
CSHB 73 (JUD) Fiscal Note-Law.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
CSHB 73 (JUD) Fiscal Note-DPS.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
CSHB 73 (JUD) Fiscal Note-DOC.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
CSHB 73 (JUD) Amendment U.1.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
CSHB 73 (JUD) Amendment U.3.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
HB 73 Proposed Amendment A.1-Gruenberg.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
HB 73 Proposed Amendment A.1-Legal Opinion.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
HB 73 Proposed Amendment A.1 Support Doc. 1.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
HB 73 Letter of Support-CDVSA.pdf HJUD 3/25/2013 1:00:00 PM
HB 73
HB 73 Letter of Support-AK Children's Justice Act Task Force.pdf HJUD 3/25/2013 1:00:00 PM
HB 73