Legislature(2013 - 2014)CAPITOL 120
03/27/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB73 | |
| HB102 | |
| HB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 102 | TELECONFERENCED | |
| += | HB 73 | TELECONFERENCED | |
| += | SB 22 | TELECONFERENCED | |
| += | HB 1 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 140 | TELECONFERENCED | |
HB 73 - CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
1:34:26 PM
CHAIR KELLER [announced that the first 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, and amended on
3/25/13.]
1:35:29 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 4,
labeled 28-GH1587\U.7, Strasbaugh, 3/26/13, which read:
Page 2, line 7, following "felonies;":
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 15, following line 27:
Insert a new bill section to read:
"* Sec. 30. 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."
Renumber the following bill sections accordingly.
Page 22, line 18:
Delete "30"
Insert "31"
Page 22, line 29:
Delete "sec. 43"
Insert "sec. 44"
REPRESENTATIVE PRUITT objected.
REPRESENTATIVE GRUENBERG - referring to memorandums from
Legislative Legal and Research Services dated March 22, 2013,
and March 26, 2013, and to information included therein -
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, existing
AS 25.23.180(i), 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. Amendment 4 would address that gap 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. He noted that Section 2 of HB 73 is already
proposing other changes to Alaska's civil statutes, and asked
that Amendment 4 be adopted.
REPRESENTATIVE LEDOUX referred to Amendment 4 as appropriate and
a good idea, and expressed concern that a court could mistakenly
view the current gap in existing AS 25.23.180(i) as intentional.
CHAIR KELLER - mentioning that a Department of Law (DOL)
representative has called Amendment 4's proposed change a good
catch, and noting that it [includes] a title change - said he
supports Amendment 4.
1:40:29 PM
KATHLEEN STRASBAUGH, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), in response to comments and questions, offered her
belief that there is no fatal legal flaw with Amendment 4,
particularly given the court's tendency to be lenient when
interpreting Alaska's single-subject requirement for
legislation. She, too, noted that HB 73 is already proposing
other changes to [Alaska's civil statutes].
REPRESENTATIVE PRUITT removed his objection.
CHAIR KELLER ascertained that there were no further objections,
and announced that Amendment 4 was adopted.
1:41:52 PM
REPRESENTATIVE GRUENBERG [made a motion to adopt] Amendment 5,
labeled 28-GH1587\U.9, Strasbaugh, 3/26/13, which read:
Page 2, line 7, following "felonies;":
Insert "relating to the definition of sexual
assault for the purpose of adoption and the
termination of parental rights in certain
proceedings;"
Page 15, following line 27:
Insert a new bill section to read:
"* Sec. 30. AS 25.23.240(10) is amended to read:
(10) "sexual assault" means a sexual
offense defined in AS 11.41.410 - 11.41.427
[AS 11.41.410 OR 11.41.420];"
Renumber the following bill sections accordingly.
Page 22, line 18:
Delete "30"
Insert "31"
Page 22, line 29:
Delete "sec. 43"
Insert "sec. 44"
REPRESENTATIVE GRUENBERG explained that Amendment 5 would
address a gap in the provision defining what constitutes the
crime of sexual assault for purposes of AS 25.23 - Alaska's
adoption statutes. Currently, only the crimes of sexual assault
in the first degree and sexual assault in second degree are
included in that definition, whereas Amendment 5 would add to it
the crimes of sexual assault in the third degree and sexual
assault in the fourth degree, neither of which was in existence
when [the definition of the term, "sexual assault" was added to
AS 25.23].
REPRESENTATIVE PRUITT objected.
REPRESENTATIVE GRUENBERG - after paraphrasing AS 11.41.425 and
AS 11.41.427, outlining the crime of sexual assault in the third
degree and the crime of sexual assault in the fourth degree,
respectively - opined that all of the manifestations of the
crime of sexual assault in the third degree are serious offenses
and should therefore be grounds for the termination of one's
parental rights under AS 25.23.180 regarding a child thereby
conceived, and proffered that adding the crime of sexual assault
in the fourth degree, in addition to addressing instances
wherein pregnancy occurs through sexual contact, would also
address instances wherein the perpetrator has pled down to that
lesser degree of sexual assault crime, which involves serious
illegal conduct nonetheless.
MS. STRASBAUGH added that Amendment 5 includes a title change,
and that it would inform all of the provisions of AS 25.23
regarding what constitutes a sexual assault.
1:50:42 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), indicated
that the DOL favors Amendment 5's proposal to rectify the
aforementioned omission.
REPRESENTATIVE PRUITT removed his objection.
CHAIR KELLER ascertained that there were no further objections,
and announced that Amendment 5 was adopted.
REPRESENTATIVE GRUENBERG, referring to the discussion that
occurred during HB 73's last hearing regarding Alaska's
jurisdiction over matters related to the crime of human
trafficking in the first degree, expressed interest in
researching the issue of criminal jurisdiction as a whole during
the interim.
REPRESENTATIVES PRUITT and LEDOUX also expressed interest.
REPRESENTATIVE LYNN called HB 73 a good bill.
REPRESENTATIVE PRUITT - referring to HB 73's proposal, via
Version U's Sections 12 and 13, to provide the court with the
discretionary authority to order a person charged with a
stalking crime or charged with or convicted of a domestic
violence crime to participate in a monitoring program with a
global positioning device or similar technological means that
meet the guidelines for a monitoring program adopted by the
Department of Corrections (DOC) in consultation with the
Department of Public Safety (DPS) - asked what guidelines were
currently in place and which vendors currently meet those
guidelines.
1:56:22 PM
RON TAYLOR, Deputy Commissioner, Office of the Commissioner -
Anchorage, Department of Corrections (DOC), explained that the
DOC has not yet developed those guidelines but would be working
with the DPS to do so [when those provisions of HB 73 become
law], and mentioned the name of the company that currently
provides monitoring services for the DOC. In response to other
questions, he offered his understanding that other companies
could also provide such services to the DOC; explained that the
current provider went through the state's request for proposals
(RFP) process; and surmised that those provisions of the bill
won't apply to ignition interlock devices.
CHAIR KELLER said he is not yet comfortable with all of the
provisions of HB 73.
REPRESENTATIVE LYNN said he thinks HB 73 is a very good bill
overall.
MS. CARPENETI, in response to a question, indicated that [the
DOL] is comfortable with the changes made thus far to HB 73.
2:02:20 PM
REPRESENTATIVE LYNN moved to report the proposed committee
substitute (CS) for HB 73, Version 28-GH1587\U, Strasbaugh,
3/20/13, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 73(JUD) was reported from the House Judiciary
Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 140 Letter of Support-Wasilla Area Seniors.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 140 |
| HB 140 Letter of Support-AK Municipal League.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 140 |
| HB102 Sponsor Statement.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB 102 ver. U Sectional Analysis.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| CSHB 102 ver U.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB102 Summary of Changes ver A to U.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 3/20/2013 3:45:00 PM |
HB 102 |
| HB102 ver A.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-DOA-DRB-2-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-LAW-CIV-02-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-DOR-TRS-02-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Fiscal Note-DCCED-DOI-02-22-13.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Supporting Documents-Leg Legal Memo 1-29-2013.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB102 Supporting Documents-Contracts Clause Issue.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |
| HB 102 Supporting Documents Single Subject Rule.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Documents-Letter Hompesch & Evans.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Documents-Letter Alaska Bankers Association.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document--Northrim Bank Letter of Support.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document-Letter Wells Fargo.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document-Letter AK Trust Company.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB 102 Supporting Document- Letter Alaska USA.pdf |
HJUD 3/27/2013 1:00:00 PM |
HB 102 |
| HB102 Supporting Documents-American Bar Association All About Trusts.pdf |
HJUD 3/27/2013 1:00:00 PM HL&C 2/25/2013 3:15:00 PM |
HB 102 |