03/25/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB73 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 140 | TELECONFERENCED | |
| += | HB 73 | TELECONFERENCED | |
| + | SB 22 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 25, 2013
1:16 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Neal Foster
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
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."
- HEARD & HELD
HOUSE BILL NO. 140
"An Act relating to the information that must be included with
certain notices provided for the proposed adoption, amendment,
or repeal of a regulation."
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 22
"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."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 73
SHORT TITLE: CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD, FIN
02/01/13 (H) JUD AT 1:00 PM CAPITOL 120
02/01/13 (H) Heard & Held
02/01/13 (H) MINUTE(JUD)
02/11/13 (H) JUD AT 1:00 PM CAPITOL 120
02/11/13 (H) Heard & Held
02/11/13 (H) MINUTE(JUD)
02/18/13 (H) JUD AT 1:00 PM CAPITOL 120
02/18/13 (H) Heard & Held
02/18/13 (H) MINUTE(JUD)
02/25/13 (H) JUD AT 1:00 PM CAPITOL 120
02/25/13 (H) Scheduled But Not Heard
03/22/13 (H) JUD AT 1:00 PM CAPITOL 120
03/22/13 (H) Heard & Held
03/22/13 (H) MINUTE(JUD)
03/25/13 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Provided comments and responded to
questions during discussion of proposed amendments to HB 73,
Version U.
ACTION NARRATIVE
1:16:18 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 1:16 p.m. Representatives Keller,
Gruenberg, Foster, LeDoux, Lynn, Millett, and Pruitt were
present at the call to order.
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.]
2:30:51 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:30 p.m.
| 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 |