Legislature(2019 - 2020)GRUENBERG 120

04/16/2019 05:15 PM JUDICIARY

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Audio Topic
05:16:26 PM Start
05:17:02 PM HB14
05:28:32 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 14 ASSAULT; SEX OFFENSES; SENT. AGGRAVATOR TELECONFERENCED
Moved CSHB 14(JUD) Out of Committee
         HB  14-ASSAULT; SEX OFFENSES; SENT. AGGRAVATOR                                                                     
                                                                                                                                
5:17:02 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
HOUSE  BILL NO.  14, "An  Act relating  to assault  in the  first                                                               
degree; relating to  sex offenses; relating to  the definition of                                                               
'dangerous instrument';  and providing for an  aggravating factor                                                               
at    sentencing    for    strangulation    that    results    in                                                               
unconsciousness."  [Before the committee was CSHB 14(STA),                                                                      
version 31-LS0182\G.]                                                                                                           
                                                                                                                                
CHAIR CLAMAN  said the committee  would take up amendments  to HB                                                               
14.  He noted for the  record that Legislative Legal Services has                                                               
permission to  make any technical  and conforming changes  to the                                                               
bill.  He recapped the adoption  of Amendment 1 during the bills                                                                
previous hearing.                                                                                                               
                                                                                                                                
5:17:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP moved Amendment 2, labeled 31-LS0182\G.9,                                                                   
Radford, 4/16/19, which read:                                                                                                   
                                                                                                                                
     Page 1, line 2:                                                                                                            
          Delete "and"                                                                                                        
                                                                                                                                
     Page 1, line 3, following "unconsciousness":                                                                             
          Insert "; relating to the duties of the                                                                             
     prosecuting   attorney;   and    relating   to   victim                                                                  
     notifications"                                                                                                           
                                                                                                                                
     Page 7, following line 26:                                                                                                 
     Insert new bill sections to read:                                                                                          
        "* Sec. 5. AS 12.61.015(a) is amended to read:                                                                      
          (a)  If a victim of a felony, a sex offense as                                                                    
     defined in AS 12.63.100, or  a crime involving domestic                                                                
     violence requests, the  prosecuting attorney shall make                                                                    
     a reasonable effort to                                                                                                     
               (1)  confer with the person against whom the                                                                     
     offense  has  been   perpetrated  about  that  person's                                                                    
     testimony before the defendant's trial;                                                                                    
               (2)  in a manner reasonably calculated to                                                                        
     give prompt actual notice, notify the victim                                                                               
               (A)  of the defendant's conviction and the                                                                       
     crimes of which the defendant was convicted;                                                                               
               (B)  of the victim's right in a case that is                                                                     
     a felony  to make a  written or oral statement  for use                                                                    
     in preparation  of the defendant's  presentence report,                                                                    
     and of the  victim's right to appear  personally at the                                                                    
     defendant's  sentencing hearing  to  present a  written                                                                    
     statement  and to  give sworn  testimony or  an unsworn                                                                    
     oral presentation;                                                                                                         
               (C)  of the address and telephone number of                                                                      
     the office  that will  prepare the  presentence report;                                                                    
     and                                                                                                                        
               (D)  of the time  and place of the sentencing                                                                    
     proceeding;                                                                                                                
               (3)   notify  the  victim in  writing of  the                                                                    
     final  disposition of  the case  within  30 days  after                                                                    
     final disposition of the case;                                                                                             
               (4)   confer with the victim  or the victim's                                                                
     legal  guardian concerning  a  proposed plea  agreement                                                                
     before  entering into  the plea  [AN] agreement  to ask                                                            
     the victim  or the victim's legal  guardian whether the                                                                
     victim  is   in  agreement   with  the   proposed  plea                                                                
     agreement;  the   prosecuting  attorney   shall  record                                                                
     whether the  victim or the  victim's legal  guardian is                                                                
     in agreement with the proposed plea agreement;                                                                         
               (5)   inform the  victim of a  pending motion                                                                    
     that  may  substantially   delay  the  prosecution  and                                                                    
     inform  the  court  of the  victim's  position  on  the                                                                    
     motion; in this paragraph, a "substantial delay" is                                                                        
               (A)  for a misdemeanor,  a delay of one month                                                                    
     or longer;                                                                                                                 
               (B)  for  a felony, a delay of  two months or                                                                    
     longer; and                                                                                                                
               (C)  for an appeal,  a delay of six months or                                                                    
     longer.                                                                                                                    
        *  Sec. 6.  AS 12.61.015  is amended  by adding  new                                                                  
     subsections to read:                                                                                                       
          (d) The court may reschedule a hearing to                                                                             
     consider   a  plea   agreement  as   needed  to   allow                                                                    
     additional time to comply  with the victim notification                                                                    
     requirements under (a)(2) and (4) of this section.                                                                         
          (e)  Nothing in this section requires a victim or                                                                     
     a victim's  legal guardian to  provide a response  to a                                                                    
     prosecuting  attorney  regarding  a plea  agreement  or                                                                    
     requires the  prosecuting attorney  to be bound  by the                                                                    
     victim's  or legal  guardian's  response regarding  the                                                                    
     plea agreement."                                                                                                           
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
5:18:01 PM                                                                                                                    
                                                                                                                                
ROSE  FOLEY, Staff,  Representative  John  Lincoln, Alaska  State                                                               
Legislature,  said Amendment  2  was the  result of  consultation                                                               
with advocacy  and survivor groups, including  the Alaska Network                                                               
on Domestic  Violence &  Sexual Assault (ANDVSA).   She  spoke to                                                               
the desire to strengthen victim notification requirements.                                                                      
                                                                                                                                
MS. FOLEY  addressed line 11  on page  1 of the  amendment, which                                                               
she  said would  mandate that  victims  of all  sex offenses  are                                                               
provided the  rights laid out in  AS 12.61.  She  said this would                                                               
provide them  the same notifications already  afforded to victims                                                               
of felonies and domestic violence offenses.                                                                                     
                                                                                                                                
MS.  FOLEY addressed  line  7 on  page 2,  which  she said  would                                                               
strengthen  existing victim  notification requirements  and would                                                               
require  the  attorney  to  record  whether  the  victim  or  the                                                               
victims guardian is in support of a proposed plea agreement.                                                                    
                                                                                                                                
MS. FOLEY  addressed line  19 on  page 2  [section 6],  which she                                                               
said would add  new language to AS 12.61.015 that  allows for the                                                               
court to reschedule  a plea hearing to allow  additional time for                                                               
the   prosecution  to   comply  with   the  victim   notification                                                               
requirements.  She  noted the addition of  AS 12.61.015(e), which                                                               
would clarify  that a victim is  in no way required  to provide a                                                               
response to an attorney regarding the plea agreement.                                                                           
                                                                                                                                
5:19:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN,  regarding  section 6,  asked  if  there                                                               
would be a  particular period of time that the  court could delay                                                               
a meeting.                                                                                                                      
                                                                                                                                
MS.  FOLEY said  it  is  her understanding  it  would  be at  the                                                               
court's discretion and  that it would be whatever  the court felt                                                               
was  necessary  to  allow  the  prosecutor  to  comply  with  the                                                               
notification requirements.                                                                                                      
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  if  this would  conflict  with  a                                                               
defendants right to a speedy trial.                                                                                             
                                                                                                                                
MS. FOLEY said it is her understanding that it would not.                                                                       
                                                                                                                                
5:20:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  noted  that victim  notification  statute                                                               
currently  applies to  victims of  felonies and  crimes involving                                                               
domestic violence.  She asked  which sex offenses are not already                                                               
covered under those definitions.                                                                                                
                                                                                                                                
MS. FOLEY  said there are  misdemeanor sex offenses that  are not                                                               
covered under  current statute.   She  said these  include sexual                                                               
assault  of a  minor in  the  fourth degree,  sexual assault  for                                                               
attempted sexual  abuse of a  minor, sexual assault in  the third                                                               
degree, and certain juvenile-on-juvenile sex crimes.                                                                            
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked  why  the provision  related  to  a                                                               
delayed  plea  hearing  wouldnt    possibly  interfere  with  the                                                               
constitutional right to a speedy trial.                                                                                         
                                                                                                                                
MS. FOLEY  said she  cannot answer that  conclusively.   She said                                                               
she believes it  is part of the balancing act  between a victims                                                                
right  to notification  and  the defendants   right  to a  speedy                                                               
trial.                                                                                                                          
                                                                                                                                
5:22:08 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law, said the  plea hearing delay is typically only                                                               
a day  or two, which is  just enough time for  the prosecution to                                                               
call  and  confer with  the  victim.    She clarified  that  this                                                               
relates to situations  in which the defendant is  entering into a                                                               
plea agreement,  so the hearing in  question is a change  of plea                                                               
hearing during which the defendant  intends to plead guilty.  She                                                               
said that would negate the need for a trial.                                                                                    
                                                                                                                                
5:22:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  if  it   is  the  intent  of  the                                                               
amendment to also cover attempted sex offenses.                                                                                 
                                                                                                                                
MS. SCHROEDER  said the language  includes all felonies,  all sex                                                               
offenses, and  crimes involving domestic  violence.  She  said an                                                               
attempt would fall under that classification.                                                                                   
                                                                                                                                
5:23:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referred  to   language  referring  to  the                                                               
conferring with a victim or a  victim's legal guardian.  He asked                                                               
if this is a standard concept;  he remarked that he is unfamiliar                                                               
with it.   He asked what  happens when the victim  does not agree                                                               
with the terms of the plea agreement.                                                                                           
                                                                                                                                
MS.  SCHROEDER confirmed  that conferring  with the  victim is  a                                                               
requirement under  current law and  a standard practice  when DOL                                                               
enters into  a plea agreement.   She explained how  DOL describes                                                               
the  terms of  the agreement  to  the victim.   She  said if  the                                                               
victim  does not  agree with  the plea  agreement and  wishes for                                                               
that to be  expressed to the court, he/she has  options to notify                                                               
the  court, either  in  writing,  orally at  the  hearing, or  by                                                               
asking DOL to pass on his/her thoughts.                                                                                         
                                                                                                                                
REPRESENTATIVE  WOOL asked  if this  sort of  victim notification                                                               
only occurs for certain categories of crime.                                                                                    
                                                                                                                                
MS.  SCHROEDER said  the  law  requires DOL  to  confer with  the                                                               
victim  for all  felonies and  all crimes  of domestic  violence.                                                               
She  said  Amendment 2  would  require  DOL  do  it for  all  sex                                                               
offenses, though she  noted that it is  already standard practice                                                               
to  confer with  sex crime  victims.   She said  the only  crimes                                                               
about  which DOL  does  not  confer with  victims  are low  level                                                               
crimes, such  as class  B misdemeanor  theft.   She said  this is                                                               
because of a lack of resources.                                                                                                 
                                                                                                                                
5:25:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   asked  about   the  process   by  which                                                               
Amendment 2  was brought  forward, noting that  the maker  of the                                                               
amendment  is  Representative Lincoln,  who  is  not a  committee                                                               
member.  He asked if the amendment was received by the deadline.                                                                
                                                                                                                                
CHAIR  CLAMAN explained  that  the amendment  was  received in  a                                                               
timely manner  and, because there  were questions, he  elected to                                                               
work with the maker  of the amendment to rework it.    He said it                                                               
was a discretionary decision by  him as chair to allow additional                                                               
time  for   Representative  Lincolns   office  to   work  on  the                                                               
amendment.  He  noted that it has been a  routine practice in all                                                               
committees for a bill sponsor  to present amendments, but it must                                                               
be a committee member who moves the amendment.                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN  withdrew his  objection.  There  being no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
5:26:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  thanked Representative Lincoln  for bringing                                                               
forward HB 14 to address an  unfortunate loophole in the law.  He                                                               
noted that  the bill  addresses both  a use  of force  issue that                                                               
covers  strangulation   to  unconsciousness  and  the   issue  of                                                               
unwanted  contact with  ejaculate.   He  remarked on  unfortunate                                                               
situations that can  come about from loopholes  that have existed                                                               
for decades in state law.                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN commented that  the committee has not been                                                               
able to  effectively reconcile some  of the  conflicting language                                                               
in  the  bill.    He  opined   that  it  is  probably  worth  the                                                               
committees time to do so.                                                                                                       
                                                                                                                                
5:27:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  moved to report version  31-LS0182\G of HB                                                               
14, as amended, out of  committee with individual recommendations                                                               
and the accompanying fiscal notes.                                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
A roll call vote was  taken.  Representatives LeDoux, Wool, Shaw,                                                               
Kopp,  and Claman  voted  in  favor of  reporting  HB  14 out  of                                                               
committee.   Representatives Eastman  voted against.   Therefore,                                                               
HB 14 was reported out  of the House Judiciary Standing Committee                                                               
by a vote of 5-1.                                                                                                               
                                                                                                                                
5:28:32 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 5:29 p.m.                                                                 
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB014 ver G 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Sponsor Statement 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Sectional Analysis ver G 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Summary of Changes ver K to ver G 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Supporting Document-Letters 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Fiscal Note DHSS-PS 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Fiscal Note LAW-CRIM 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Fiscal Note DPS-DET 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Fiscal Note DOA-OPA 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Fiscal Note DOA-PDA 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Fiscal Note DOC-IDO 3.20.19.pdf HJUD 3/20/2019 1:30:00 PM
HJUD 4/15/2019 1:00:00 PM
HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Amendment #2 4.16.19.pdf HJUD 4/16/2019 5:15:00 PM
HB 14
HB014 Amendments #1-2 HJUD Final votes 4.16.19.pdf HJUD 4/16/2019 5:15:00 PM
HB 14