Legislature(2019 - 2020)GRUENBERG 120

03/12/2019 03:00 PM STATE AFFAIRS

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Audio Topic
03:07:45 PM Start
03:09:07 PM Confirmation Hearing(s)
03:09:32 PM Commissioner, Department of Administration
03:10:09 PM Commissioner, Department of Corrections
03:12:39 PM HB20
04:00:53 PM HJR9
04:15:32 PM HB57
04:24:17 PM HB83
04:41:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 20 SEXUAL ASSAULT EXAMINATION KITS TELECONFERENCED
Heard & Held
+= HJR 9 ELIZABETH PERATROVICH COMMEMORATIVE COIN TELECONFERENCED
Moved CSHJR 9(STA) Out of Committee
-- Public Testimony --
+= HB 57 CHILD LABOR HOURS TELECONFERENCED
Heard & Held
*+ HB 83 PROHIBIT VOTING BY FACSIMILE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
             HB  20-SEXUAL ASSAULT EXAMINATION KITS                                                                         
                                                                                                                                
3:12:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KREISS-TOMKINS   announced  that  the  next   order  of                                                               
business would be  SPONSOR SUBSTITUTE FOR HOUSE BILL  NO. 20, "An                                                               
Act relating  to sexual assault;  relating to the  definitions of                                                               
'without consent' and 'consent'; relating  to failure to report a                                                               
violent crime;  relating to sexual  misconduct under the  code of                                                               
military  justice; requiring  law  enforcement  agencies to  test                                                               
sexual  assault  examination   kits;  requiring  notification  of                                                               
completion  of testing;  relating to  reports on  untested sexual                                                               
assault examination kits; and providing for an effective date."                                                                 
                                                                                                                              
3:13:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERAN TARR,  Alaska State  Legislature, as  prime                                                               
sponsor  of  SSHB 20,  began  her  presentation of  the  proposed                                                               
legislation with a PowerPoint  presentation, entitled "House Bill                                                               
20."  She gave a brief background  on the rape kit reform work in                                                               
Alaska:   Rape kit reform  in Alaska began  in the fall  of 2014.                                                               
The Joyful Heart Foundation, founded  by actress Mariska Hargitay                                                               
of  the Law  &  Order: Special  Victims  Unit television  series,                                                             
launched  its "End  The backlog"  campaign.   She referenced  the                                                               
Home  Box Office  (HBO) documentary,  entitled  "I Am  Evidence,"                                                               
which related the  discovery of thousands of rape  kits stored in                                                               
an  abandoned  building  in  Detroit,  Michigan,  and  ultimately                                                               
500,000 untested  rape kits  throughout the  country.   She cited                                                               
that Alaska ranks  first in domestic violence  and sexual assault                                                               
rates, and  child sexual abuse  rates are six times  the national                                                               
average.                                                                                                                        
                                                                                                                                
REPRESENTATIVE TARR  relayed that  the first  step in  the reform                                                               
process is a  statewide audit to quantify the  number of untested                                                               
rape  kits in  Alaska.   The U.S.  Department of  Justice (USDOJ)                                                               
under   President   Barak   Obama   offered   two   large   grant                                                               
opportunities, and Alaska has been  successful in securing two of                                                               
the grants.   As a result of Alaska's  Scientific Crime Detection                                                               
Laboratory  ("crime lab")  [Department  of  Public Safety  (DPS)]                                                               
audit, it was  discovered that the [rape kit  testing] system was                                                               
broken:  all  the kits weren't being tested;  there were improper                                                               
procedures;  and  standard  procedures   were  not  followed  for                                                               
maintaining a chain  of custody for the rape kits.   A change has                                                               
been implemented to require each  kit have a unique identifier to                                                               
track  it  through  the  system.    In  addition,  a  policy  was                                                               
implemented to require  all rape kits be stored at  the crime lab                                                               
in  Anchorage; high  capacity storage  shelving was  acquired for                                                               
this purpose.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TARR stated  that Senate  Bill 54  [passed during                                                               
the Thirtieth Alaska State Legislature,  2017-2018] put the audit                                                               
requirement into  statute; and House  Bill 31 [passed  during the                                                               
Thirtieth Alaska  State Legislature, 2017-2018] put  into statute                                                               
the  "gold standard"  for reporting  - having  both an  anonymous                                                               
report and a  law enforcement report - to allow  a victim to have                                                               
the evidence  collected, which must  be done within 72  hours [of                                                               
the incident],  but still  allow the victim  to delay  making the                                                               
decision regarding  prosecution.   She added  that House  Bill 31                                                               
also  required standardized  training on  sexual assault  for all                                                               
law enforcement  officials.  She mentioned  that this requirement                                                               
was in response to a statement  by a sexual assault advocate that                                                               
law enforcement response  to sexual assault depends  on where you                                                               
live in the state.  Lastly  House Bill 31 renewed the requirement                                                               
for the audit of untested rape kits in Alaska.                                                                                  
                                                                                                                                
REPRESENTATIVE TARR  relayed that still to  be addressed are                                                                    
the two  recommendations from  The Joyful  Heart Foundation:                                                                    
a  timeline  to establish  when  testing  must occur  and  a                                                                    
victim notification process.   All the reforms mentioned are                                                                    
included in the Survivors' Bill of  Rights Act of 2010.  She                                                                    
stated that  besides the two recommendations,  SSHB 20 would                                                                    
address  the following:   a  definition of  consent and  the                                                                    
inclusion  of   sexual  assault   against  someone   who  is                                                                    
incapacitated, requested  by Standing Together  Against Rape                                                                    
(STAR) and the Alaska Network  on Domestic Violence & Sexual                                                                    
Assault  (ANDVSA);  and  specificity  in  the  audit  report                                                                    
requested by 49th State Rising.                                                                                                 
                                                                                                                                
3:21:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  moved to adopt  the sponsor  substitute (SS)                                                               
for HB 20,  Version 31-LS0253\S, as the working  document.  There                                                               
being no objection, SSHB 20 was before the committee.                                                                           
                                                                                                                                
3:21:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR continued  with the  PowerPoint presentation                                                               
to review the  sectional analysis for SSHB 20.   She relayed that                                                               
STAR  and ANDVSA  requested  a change  in  statutory language  to                                                               
address the  circumstances in which a  person's incapacitation is                                                               
in question  - whether  the person  is incapacitated  and whether                                                               
the perpetrator knew  it.  She cited the  STAR document, entitled                                                               
"2019  Policy  Priorities,"  included in  the  committee  packet,                                                               
which read in part:                                                                                                             
                                                                                                                                
     Revise  the   elements  of  the   crime  to   ensure  a                                                                    
     perpetrator may be found guilty  of the offense if they                                                                    
     know   or  reasonably   should  know   the  victim   is                                                                    
     incapacitated  or  unaware  and unable  to  consent  to                                                                    
     sexual   penetration  or   sexual  contact   under  the                                                                    
     circumstances.                                                                                                             
                                                                                                                                
REPRESENTATIVE  TARR offered  that  Sections 1,  2,  and 3  would                                                               
change the statutory definition for  sexual assault in the first,                                                               
second, and third degrees, respectively.   The statutory language                                                               
regarding sexual assault would be  amended to state that a person                                                               
commits  the  crime  [of  sexual  assault]  if  he/she  knows  or                                                               
reasonably  should know  that the  victim is  mentally incapable.                                                               
She stated  that the addition  of "reasonably should  know" would                                                               
facilitate prosecution  of a sexual  assault crime.   She pointed                                                               
out that there  is a variance regarding the legal  language to be                                                               
used   in  the   statute  -   "reasonably  should   know"  versus                                                               
"recklessly disregard."   Both are used in  statute; they address                                                               
the same  standard; the Department  of Law (DOL)  and Legislative                                                               
Legal Services  have offered varying  opinions; and it is  yet to                                                               
be  decided  which  ultimately  will  be  used  in  the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR said that sexual  assault in the first degree                                                               
involves sexual penetration; sexual  assault in the second degree                                                               
involves sexual contact;  and sexual assault in  the third degree                                                               
involves sexual contact  that is more specific  to improper abuse                                                               
of power situations.  She  stated the fundamental questions to be                                                               
considered  regarding  the  proposed   legislation:    What  does                                                               
justice look  like for a  victim?  Does  SSHB 20 include  all the                                                               
circumstances in  which a  crime is committed  in order  to bring                                                               
justice  to the  victims?   She  reviewed  sentencing for  sexual                                                               
assault shown on the PowerPoint  presentation, which read in part                                                               
as follows:                                                                                                                     
                                                                                                                                
     Section 1: Sexual Assault in the First Degree                                                                              
     Sentencing:                                                                                                                
          For first felony conviction, if victim is                                                                             
               less than 13 years of age, 25 to 35 years                                                                        
               13 years of age or older, 20 to 30 years                                                                         
                                                                                                                                
     Section 2: Sexual Assault in the Second Degree                                                                             
     Sentencing:                                                                                                                
          for the first felony conviction 5 to 15 years                                                                         
                                                                                                                                
     Section 3: Sexual Assault in the Third Degree                                                                              
     Sentencing:                                                                                                                
          for the first felony conviction 2 to 12 years                                                                         
                                                                                                                                
3:26:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  reviewed  the   definition  of  consent  in                                                               
Section 4 of  SSHB 20, displayed on  the PowerPoint presentation,                                                               
which read as follows:                                                                                                          
                                                                                                                                
     Current 11.41.470 (8) defines "without consent" as                                                                         
     means that a person                                                                                                        
                                                                                                                                
          (A) with or without resisting, is coerced by the                                                                      
          use of force against a person or property, or by                                                                      
          the express or implied threat of death, imminent                                                                      
          physical injury, or kidnapping to be inflicted on                                                                     
          anyone; or                                                                                                            
                                                                                                                                
          (B) is incapacitated as a result of an act of the                                                                     
          defendant.                                                                                                            
                                                                                                                                
     Problem: Current outdated definition implies force                                                                         
     must be used. This is not always the case and jurors                                                                       
     often look for evidence of force.                                                                                          
                                                                                                                                
     Solution: Update the meaning of consent to be in the                                                                       
     affirmative, to demonstrate that consent has been                                                                          
     given. This is consistent with other jurisdictions to                                                                      
     require a more overt expression of consent.                                                                                
                                                                                                                                
     New language to 11.41.470:                                                                                                 
                                                                                                                                
     (9) "consent" means words or overt actions indicating                                                                      
     freely given agreement to engage in sexual penetration                                                                     
     or sexual contact.                                                                                                         
                                                                                                                                
REPRESENTATIVE TARR added that this change, which puts consent                                                                  
into the affirmative rather than in terms of "without consent"                                                                  
and the use of force, represents an evolution of society's                                                                      
understanding of consent and expectations around sexual                                                                         
behaviors.                                                                                                                      
                                                                                                                                
REPRESENTATIVE TARR  pointed out the conforming  changes included                                                               
in Section 5  of SSHB 20.  The proposed  legislation would update                                                               
AS 11.56.765(a), which addresses the  failure to report a violent                                                               
crime committed  against a child and  make it clear that  a child                                                               
can never  give consent to  sexual penetration.  She  pointed out                                                               
the changes,  found on  page 4,  lines 15-23, of  SSHB 20:   sub-                                                               
subparagraphs   (i),   (ii),   (iii),    and   (iv)   [under   AS                                                               
11.56.765(a)(1)(C)] would be deleted;  and subparagraph (C) would                                                               
read, "the sexual penetration or  attempted sexual penetration by                                                               
another  of  a  child".   Legislative  Legal  Services  personnel                                                               
explained  that after  research, they  concluded that  these four                                                               
sub-subparagraphs  were   included  in  error,  because   of  the                                                               
understanding that  a child  can never  give consent.   Paragraph                                                               
(2), [page 4,  lines 26-27] defines a child as  under 16 years of                                                               
age.                                                                                                                            
                                                                                                                                
3:32:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR pointed out  the conforming change in Section                                                               
6, [page 4, lines 30-31].   The proposed legislation would update                                                               
AS 11.56.767(c), which addresses the  failure to report a violent                                                               
crime committed  against an  adult, by  adding the  definition of                                                               
consent.   She  added that  under the  proposed legislation,  all                                                               
statutory references  to "without consent" would  be repealed and                                                               
replaced by the new definition of consent.                                                                                      
                                                                                                                                
REPRESENTATIVE TARR  pointed out  another such  conforming change                                                               
in  Section 7,  [page 5,  lines 1-2].   The  proposed legislation                                                               
would update  AS 26.05.900(e), relating  to the Military  Code of                                                               
Justice, to add the definition of consent.                                                                                      
                                                                                                                                
3:33:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL asked whether a  sex crime has been committed                                                               
if there  is sexual penetration  involving a 15-year-old,  who is                                                               
legally a child  according to statute, and another  person who is                                                               
two or three years older.                                                                                                       
                                                                                                                                
REPRESENTATIVE TARR replied that Section  6, beginning on page 4,                                                               
line  30,  addresses  "failure  to   report  a  crime"  under  AS                                                               
11.56.767; it refers to an individual  who knows that a crime has                                                               
happened, and not someone engaged in the crime.                                                                                 
                                                                                                                                
REPRESENTATIVE WOOL  gave an  example:  A  22-year-old has  a 17-                                                               
year-old younger brother  who is in a sexual  relationship with a                                                               
15-year-old school  mate.   He asked  whether the  22-year-old is                                                               
legally obliged to report the relationship as a crime.                                                                          
                                                                                                                                
REPRESENTATIVE TARR  answered, "Yes, if  it is in fact  a crime."                                                               
She  expressed that  she is  not clear  about the  age difference                                                               
issue; however, if it is in fact  a criminal act, then it must be                                                               
reported.                                                                                                                       
                                                                                                                                
REPRESENTATIVE WOOL  asked if the reporting  requirement would be                                                               
new statute under the proposed legislation or existing statute.                                                                 
                                                                                                                                
REPRESENTATIVE  TARR  responded  that   it  is  existing  statute                                                               
conforming  to  its  original  intent based  on  the  opinion  of                                                               
Legislative Legal Services.  She  reiterated that the language on                                                               
page 4,  lines 17-23, would be  removed under SSHB 20  because of                                                               
the understanding that a child cannot give consent.                                                                             
                                                                                                                                
3:36:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS  referred to Section  5 on page  4, lines                                                               
17-23,  and suggested  that none  of  the four  sub-subparagraphs                                                               
being  deleted  relate  to   a  consensual  sexual  relationship;                                                               
therefore,  Representative Wool's  example  of  statutory rape  -                                                               
involving two minors  with sufficient age difference  - would not                                                               
be captured in that mandatory reporting scenario.                                                                               
                                                                                                                                
REPRESENTATIVE TARR  expressed her  belief that  the crime  he is                                                               
referencing  is covered  under a  different statute.   Section  5                                                               
refers   to  AS   11.56,   entitled   "Offenses  Against   Public                                                               
Administration," and  involves a person,  other than  the victim,                                                               
committing  the  crime  of  failure to  report  a  violent  crime                                                               
against a child.   Removing the four sub-subparagraphs  is due to                                                               
it being understood that a child can never give consent.                                                                        
                                                                                                                                
3:38:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  referred to  the stipulation of  "13 years"                                                               
under sentencing  for sexual assault  in the first  degree, shown                                                               
on the PowerPoint  presentation, and the definition of  a child -                                                               
someone under 16 years of age -  in Section 5, [page 4, lines 26-                                                               
27].  She asked for an explanation of the discrepancy.                                                                          
                                                                                                                                
REPRESENTATIVE  TARR referenced  AS 12.55.125(i),  which read  in                                                               
part, "A defendant  convicted of (1) sexual assault  in the first                                                               
degree, sexual abuse  of a minor in the first  degree" and stated                                                               
that the sentencing addresses two categories of crime.                                                                          
                                                                                                                                
REPRESENTATIVE VANCE  asked, "What's  the difference  between the                                                               
definition of a minor and of a child?"                                                                                          
                                                                                                                                
REPRESENTATIVE TARR responded that in  Alaska, 16 years of age is                                                               
the  age  at  which  a  young  person  may  marry  with  parental                                                               
permission, which  presents inconsistencies in  statute regarding                                                               
16- to 18-year-olds.   There is proposed legislation  to move the                                                               
marriage  age to  18  years  of age.    She asked  Representative                                                               
Vance,  "Are you  asking  specifically why  this  one chooses  13                                                               
years of age versus the other  as 16?"  She acknowledged that she                                                               
does not have the answer for that.                                                                                              
                                                                                                                                
REPRESENTATIVE VANCE agreed to pursue the issue later.                                                                          
                                                                                                                                
3:41:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  whether   there  are   no  longer                                                               
mandatory  reporters  with respect  to  crimes,  and everyone  is                                                               
required to report.                                                                                                             
                                                                                                                                
REPRESENTATIVE  TARR   expressed  her  understanding   that  what                                                               
Representative LeDoux  is referring to is  mandatory reporting of                                                               
child abuse  by teachers, childcare  workers, coaches,  and such.                                                               
She  maintained that  the proposed  legislation  would not  alter                                                               
that  requirement.   She explained  that  the proposed  statutory                                                               
change  is  specific to  a  statute  regarding "offenses  against                                                               
public  administration"; therefore,  does not  impact any  of the                                                               
other  statutes  that  have specific  requirements  of  mandatory                                                               
reporting.                                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether no crime  has been committed                                                               
when failing to  report the murder of a 17-year-old,  but it is a                                                               
crime when failing to report the murder of a 16-year-old.                                                                       
                                                                                                                                
REPRESENTATIVE TARR  responded that the language  in the proposed                                                               
legislation does  not address homicides  but only  sexual assault                                                               
crimes.   She offered that  since AS 11.56.767 (c)  addresses the                                                               
failure to  report a  violent crime  committed against  an adult,                                                               
both categories are covered in statute.                                                                                         
                                                                                                                                
3:43:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   FIELDS   suggested   that  the   questions,   although                                                               
interesting, pertain more  to the underlying statute  than to the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
3:43:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   conceded  that   some  of   the  statutory                                                               
amendments  were  at  the  recommendation  of  Legislative  Legal                                                               
Services to  correct some erroneous  language and  not completely                                                               
aligned with the intent of the bill.                                                                                            
                                                                                                                                
REPRESENTATIVE  TARR  moved  on  to Section  8  regarding  sexual                                                               
assault examination kits and relayed  that this section addresses                                                               
the   two   remaining   timeline   recommendations   and   victim                                                               
notification.  The PowerPoint presentation read as follows:                                                                     
                                                                                                                                
     Title 44: State Government                                                                                                 
                                                                                                                                
          Chapter 41: Department of Public Safety                                                                               
                                                                                                                                
          Section 65: new section  Sexual Assault                                                                               
          Examination Kits                                                                                                      
                                                                                                                                
                                                                                                                                
     Adds language to requires three things:                                                                                    
                                                                                                                                
          1. That all sexual assault examination kits are                                                                       
          sent to the crime lab within 30 days of                                                                               
          collection                                                                                                            
                                                                                                                                
          2. That all sexual assault examination kits be                                                                        
          tested within six months                                                                                              
                                                                                                                                
          3. That victims be notified by law enforcement                                                                        
          within two weeks of receiving the results that                                                                        
          the kit has been tested                                                                                               
                                                                                                                                
REPRESENTATIVE TARR added that the  law enforcement agency is the                                                               
client of  the crime lab for  the purpose of sending  in kits for                                                               
testing.  She cited page 5, lines 6-8, of SSHB 20 which read:                                                                   
                                                                                                                                
     (1)  within  30  days  after the  agency  collects  the                                                                    
     sexual  assault   examination  kit,  send   the  sexual                                                                    
     assault  examination kit  to a  laboratory operated  or                                                                    
     approved by the Department of Public Safety;                                                                               
                                                                                                                                
REPRESENTATIVE TARR  mentioned that the word  "approved" needs to                                                               
be  replaced with  the word  "accredited."   She stated  that the                                                               
fiscal  note for  SSHB 20  has not  been completed;  however, she                                                               
does  expect there  to be  a  cost associated  with the  proposed                                                               
legislation.  She  also mentioned that the timelines  may need to                                                               
be lengthened.                                                                                                                  
                                                                                                                                
REPRESENTATIVE TARR  referred to the fundamental  question:  What                                                               
does justice mean for victims?   She stated that with the cuts in                                                               
staffing, it  was taking more  than two  years to bring  cases to                                                               
trial;  prosecutors were  waiting to  request the  lab to  do the                                                               
testing until  such time they  felt the case would  move forward;                                                               
victims were waiting two years to  get any results from the kits.                                                               
She cited the  scenario in which the identity  of the perpetrator                                                               
is  unknown and  emphasized the  effect  that would  have on  the                                                               
victim.  The Survivor Bill  of Rights states that by establishing                                                               
set timelines,  the burden and  the trauma of the  experience for                                                               
the victim is eased.                                                                                                            
                                                                                                                                
3:46:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS suggested that even six months seems slow.                                                                      
                                                                                                                                
REPRESENTATIVE TARR replied that many  states are working on this                                                               
effort  using a  variety of  timelines.   She mentioned  that she                                                               
originally set an 18-month timeline.   Currently DPS is achieving                                                               
an average of  10 months.  She maintained that  the crime lab was                                                               
built  with the  idea of  having a  huge amazing  facility, fully                                                               
staffed, with a robust testing system.   She said, "It just never                                                               
happened."                                                                                                                      
                                                                                                                                
REPRESENTATIVE  TARR stated  that  the gold  standard for  victim                                                               
notification  is  to have  a  database  with unique  identifiers,                                                               
usernames, and passwords to allow the  victim to log in and track                                                               
the "life  cycle" of the kit.   She said that  typically when one                                                               
calls  law  enforcement repeatedly,  the  story  must be  related                                                               
repeatedly, and  the victim  is re-traumatized as  a result.   In                                                               
the course  of two years,  the victim may  have called up  to ten                                                               
times.   She  stated that  currently there  are three  databases:                                                               
one  for current  cases; one  for closed  cases; and  another one                                                               
specific  to the  court system.   There  are challenges  in rural                                                               
communities with  internet access,  staffing, and capacity.   She                                                               
said that  she is working  with DPS to  find a way  to accomplish                                                               
notification   without  it   being  overly   burdensome  to   law                                                               
enforcement in small communities where resources are limited.                                                                   
                                                                                                                                
REPRESENTATIVE TARR  referred to Sections  9 and 10,  which would                                                               
add statutory  language requiring [DPS  to include in  the audit]                                                               
the reason a kit was ineligible  for testing.  She explained that                                                               
the  audits [currently]  did not  include that  information; 49th                                                               
State  Rising has  requested that  this information  be included.                                                               
The work  of the Sexual Assault  Kit Initiative (SAKI) by  way of                                                               
the two federal  grants will end; therefore, she  wants to ensure                                                               
that language  in the statute  reflects appropriate  reporting in                                                               
perpetuity in the absence of that organization.                                                                                 
                                                                                                                                
REPRESENTATIVE   TARR   reviewed  the   PowerPoint   presentation                                                               
discussing Section 11,  which lists the reasons  a sexual assault                                                               
examination kit  is ineligible for testing.   It read in  part as                                                               
follows:                                                                                                                        
                                                                                                                                
     Amends 44.41.070 to add a new subsection (e) to read                                                                       
                                                                                                                                
     A sexual assault examination kit is ineligible for                                                                         
     testing if the law enforcement agency or state                                                                             
     department finds that the sexual assault examination                                                                       
     kit                                                                                                                        
                                                                                                                                
     (1) was collected improperly                                                                                               
                                                                                                                                
     (2) is not necessary to identify the perpetrator of                                                                        
     the crime; or                                                                                                              
                                                                                                                                
     (3) was collected from a person who does not wish to                                                                       
     proceed 19 (sic) with criminal charges.                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  offered alternative  language that  is being                                                               
considered for the proposed subsection  (e) of AS 44.41.070.  The                                                               
person referred to in paragraph  (3) is also called an "anonymous                                                               
victim" - a person who chooses  not to move forward with criminal                                                               
charges.    Paragraph  (2)  may  be referred  to  as  a  Combined                                                               
deoxyribonucleic  acid  (DNA)  Index  System  (CODIS)  ineligible                                                               
sexual  assault kit  - the  DNA is  not eligible  to be  used for                                                               
identification.    Paragraph   (1)  may  be  referred   to  as  a                                                               
scientifically   unviable   case   -   evidence   was   collected                                                               
improperly.   She reiterated that  there are  unresolved language                                                               
issues  for  the  proposed legislation,  not  intent  or  outcome                                                               
issues;  she is  attempting to  gather input  from many  advocacy                                                               
groups.                                                                                                                         
                                                                                                                                
3:53:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE referred  to paragraph  (3) [page  6, lines                                                               
18-19], regarding the anonymous victim.   She asked whether there                                                               
was  a way  to test  that  kit in  the future  should the  person                                                               
decide to move forward with criminal charges later.                                                                             
                                                                                                                                
REPRESENTATIVE TARR responded, "There is a  way to go back."  She                                                               
said that  as a  result of  House Bill 31,  the two  options were                                                               
defined -  the anonymous report  and the law  enforcement report.                                                               
In  the  course  of  processing  the backlog  of  cases,  DPS  is                                                               
attempting  to contact  individuals to  seek their  permission to                                                               
move forward with the testing.                                                                                                  
                                                                                                                                
REPRESENTATIVE VANCE asked  whether there is a  provision for the                                                               
sexual  assault  kit of  a  minor,  who  cannot give  consent  to                                                               
proceed [with testing].                                                                                                         
                                                                                                                                
REPRESENTATIVE TARR  replied that there is  a different procedure                                                               
when sexual assault of a minor  is involved.  She offered to give                                                               
Representative Vance more information.                                                                                          
                                                                                                                                
REPRESENTATIVE  TARR   turned  to  Section  13   to  display  the                                                               
effective dates of SSHB 20, as  follows:  the changes would apply                                                               
to  offenses  committed  on  or  after  the  effective  dates  of                                                               
Sections  1-7 and  Section 12  of the  proposed legislation;  and                                                               
SSHB 20 would take effect January 1, 2020.                                                                                      
                                                                                                                                
REPRESENTATIVE TARR referred  to Section 12 to point  out that in                                                               
the  places in  which statute  has  been updated  to reflect  the                                                               
affirmative definition  of consent,  Section 12 would  repeal the                                                               
previous definition of "without consent"  to be replaced with the                                                               
new definition of "consent."                                                                                                    
                                                                                                                                
3:55:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referred  to  the statement  that  a  child                                                               
cannot give consent and the legal  definition of a child as under                                                               
age 16.   He asked whether there are situations  in which consent                                                               
cannot be given for someone age 16 and over.                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   mentioned  statute   from  the   State  of                                                               
Minnesota, which  more clearly defines  a person who  cannot give                                                               
consent; for example,  stipulating that a person  who is mentally                                                               
incapacitated or  physically helpless cannot consent  to a sexual                                                               
act.   She stated that  there are  many places in  Alaska statute                                                               
needing  updates and  there are  resulting implications  of those                                                               
changes.   She  explained that  her  office is  trying to  decide                                                               
whether  language  captures  what  is intended  or  whether  more                                                               
specificity is needed.  She said that she welcomes suggestions.                                                                 
                                                                                                                                
3:57:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  referred  to victim  notification  of  test                                                               
results.   He asked whether  victims are being notified  that the                                                               
test has been completed or being notified of the results.                                                                       
                                                                                                                                
REPRESENTATIVE TARR cited page 5,  lines 13-16, of SSHB 20, which                                                               
read as follows:                                                                                                                
                                                                                                                                
     (3)  within   two  weeks  after  the   laboratory  that                                                                    
     receives the  sexual assault examination kit  under (1)                                                                    
     of  this   subsection  completes  serological   or  DNA                                                                    
     testing,  notify  the  person   from  whom  the  sexual                                                                    
     assault examination  kit was collected that  the sexual                                                                    
     assault examination kit has been tested.                                                                                   
                                                                                                                                
REPRESENTATIVE TARR  added that  putting more specifics  into the                                                               
statute was discussed - whether there  was a CODIS hit or whether                                                               
the DNA  sample was  insufficient for testing  - but  staff chose                                                               
not  to  put  that  level  of specificity  into  the  statute  at                                                               
present.   She  explained  that depending  on  the community  law                                                               
enforcement  agency, different  methods  may  be appropriate  for                                                               
contacting  victims.   She said  that  she wanted  to leave  some                                                               
flexibility to law enforcement for  how communication would occur                                                               
and what would be communicated.                                                                                                 
                                                                                                                                
REPRESENTATIVE  WOOL asked  whether in  the case  of someone  not                                                               
wishing to  press charges, the person's  kit would not be  in the                                                               
queue for  testing under the  testing timelines but be  set aside                                                               
and tested later if the victim decides to press charges.                                                                        
                                                                                                                                
REPRESENTATIVE  TARR replied,  "That is  the intent."   She  said                                                               
that  based  on  USDOJ  recommendations, the  state  must  use  a                                                               
victim-centered approach; if an  individual does not want his/her                                                               
kit tested, the person must be afforded the right to refuse.                                                                    
                                                                                                                                
CO-CHAIR KREISS-TOMKINS stated that SSHB 20 would be held over.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
HJR9.PDF HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HJR 9
HJR 9 - Sponsor Statement 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 - Supporting Document, EP Image Options 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 Fiscal Note LEG-SESS.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
SCRA 5/7/2019 3:30:00 PM
HJR 9
HJR 9 Amendment (Rep. JKT).pdf HSTA 3/12/2019 3:00:00 PM
HJR 9
HB083 ver A 3.6.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 ver M 3.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Summary of Changes ver A to ver M 3.11.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Sectional Analysis 3.11.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Sponsor Statement 3.11.2019.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB083 Fiscal Note OOG-DOE 3.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HB 83
HB057 ver M 2.26.19.PDF HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M Sponsor Statement 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - email string DLWD 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - email from FYSA 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - legal memo to ver A 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB057 ver M additional document - Code of Federal Regulations 2.26.19.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB57 Fiscal Note DOLWD-WH 3.5.2019.pdf HSTA 3/5/2019 3:00:00 PM
HSTA 3/12/2019 3:00:00 PM
HB 57
HB020 ver A 01.07.19.PDF HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 ver S 03.07.19.PDF HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Summary of Changes Version A to S 03.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Sponsor Statement 03.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Sectional Analysis 03.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Document - 49th Rising_AS44.41.070_SAK Report.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Document - DPS-Annual-Sexual-Assualt-Kit-Inventory-Report-2018_ 11.01.18.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Document - SAK-Inventory-Report-and-Plan-DPS-2017.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Documents - Rape Kit Joyful Heart Foundation.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Supporting Documents STAR policy priorities.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 Fiscal Note Ver A 3.11.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20
HB020 State Affairs Presention 3.12.19.pdf HSTA 3/12/2019 3:00:00 PM
HSTA 4/18/2019 3:00:00 PM
HB 20