Legislature(2011 - 2012)BELTZ 105 (TSBldg)
03/21/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): || Parole Board | |
| Violent Crimes Compensation Board | |
| Police Standards Council | |
| Commission on Judicial Conduct | |
| HB80 | |
| SB7 | |
| SB110 | |
| SB151 | |
| SB198 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| = | HB 6 | ||
| = | SB 200 | ||
| = | HB 80 | ||
| = | SB 110 | ||
| = | SB 151 | ||
| = | SB 210 | ||
| = | SB 198 | ||
| = | SB 7 | ||
SB 110-HUMAN TRAFFICKING/SEX OFFENSES
2:05:47 PM
CHAIR FRENCH announced the consideration of SB 110 and asked for
a motion to adopt the proposed committee substitute (CS).
SENATOR WIELECHOWSKI moved to adopt the CS for SB 110, labeled
27-LS0646\X, as the working document.
CHAIR FRENCH announced that without objection, version X was
before the committee.
2:07:05 PM
KENDRA KLOSTER, staff to Senator Bill Wielechowski, explained
that version X combined provisions of SB 110 and SB 218. She
said that sections 1, 2, 11-15, 17, 20-29 were conforming
amendments to change the term "prohibiting prostitution" to "sex
trafficking." The change in terminology was part of SB 218.
Section 3 was part of SB 218. It adds the crime of human
trafficking in the first degree and sex trafficking in the first
degree to felonies described under "most serious felony
offenses."
CHAIR FRENCH asked Ms. Carpeneti the meaning of "serious felony
offense."
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law (DOL), explained that the crimes described as
serious felony offense are the ones that are subject to
conspiracy prosecution.
MS. KLOSTER said sections 4-8 were part of SB 110. [Section 4
adds new Sec. 11.41.355. Human trafficking in the first degree
would be an unclassified felony and apply to persons under age
18.] Section 5 [amends AS 11.41.360(a)] and would apply to
persons over age 18. It removes the phrase "come to this state
to" so that it addresses human trafficking both across state
lines and within the state.
2:09:49 PM
CHAIR FRENCH said the committee struggled to define movement and
finally decided that the idea of geography did not play in as
strongly as the act of forcing someone to engage in sexual
conduct, adult entertainment, or labor by force, threat of
force, or deception. Compelling someone to cross the street to
engage in sexual conduct is trafficking.
SENATOR COGHILL asked if, because of kidnapping, there would
still be some application in Section 3 under AS 11.31.120.
MS. CARPENETI explained that the bill provides that human
trafficking in the first degree, an unclassified felony, would
be subject to conspiracy prosecution. It would depend on the
facts whether it would also be a kidnapping offense, but
kidnapping is an offense under the conspiracy law.
SENATOR COGHILL said he wanted to make sure that Section 5 would
apply to someone lured from a village under false pretense.
CHAIR FRENCH responded that that was the intention, and asked
Ms. Carpeneti if that would be covered by Section 5.
MS. CARPENETI answered yes, but the current draft did not
require movement of a person from a village to Anchorage, for
example, as an element of the offense. It does require the other
elements of the offense, which is to compel or induce another
person to engage in the conduct by use of force, threat of
force, or deception.
SENATOR PASKVAN pointed out that conspiracy takes two or more
persons, and asked if it would still be a violation of human
trafficking if one person were to induce or coerce another
person.
MS. CARPENETI replied it could be a violation of human
trafficking, but it would not be conspiracy because that takes
two or more people agreeing and one person acting.
SENATOR PASKVAN said he did not want to create an exception if a
person acted alone.
CHAIR FRENCH clarified that Section 3 said the listed offenses
could be conspiracy.
2:13:32 PM
MS. CARPENETI added that the crimes listed were all very serious
offenses that could be subject to the conspiracy law.
SENATOR PASKVAN said he understood, but wanted the record to be
clear.
CHAIR FRENCH said it's worth taking time to articulate the
intent.
2:14:05 PM
MS. KLOSTER said Section 6 was part of the original SB 110. [It
amends AS 11.41.360(c)] to make human trafficking in the second
degree a class A felony.
Section 7 was from SB 110. [It amends AS 11.41.365 to make human
trafficking in the third degree a class B felony.]
Section 8 [amends AS 11.41.370] and defines "adult
entertainment" and "sexual conduct."
Section 9 was in the original SB 218. It raises the penalty for
a patron of prostitution from a class B misdemeanor to a class C
felony. Sections 9 and 10 also add an affirmative defense, which
was not in the original bill.
MS. CARPENETI added that it raises the penalty for being a
patron of a prostitute to a class C felony if the prostitute is
under age 18, or the patron is age 18 or older and at least
three years older than the prostitute is. Under other
circumstances, the offense is still a class B misdemeanor. The
affirmative defense of reasonable mistake of age would apply if
the defendant took reasonable steps to verify the age of the
prostitute.
CHAIR FRENCH asked the reasoning behind the age differential in
Section 10. Prostitution is a class B misdemeanor unless the
defendant is over age 18 and at least three years older than the
prostitute.
MS. CARPENETI related that the reason for the age differential
is the same as in the sexual abuse of a minor statute. An older
person generally has more influence and power over a teen,
making it easier to induce the teen to engage in certain
conduct.
2:17:04 PM
SENATOR COGHILL asked if it was previously a crime to be a
patron of prostitution.
MS. CARPENETI replied it became a crime to be a patron of a
prostitute in 2007. This is an improvement because the age
differential makes a big difference for a young victim.
MS. KLOSTER said sections 11-15 change the term "promoting
prostitution" to "sex trafficking."
Section 16 adds the crime of sex trafficking in the fourth
degree to those crimes that do not require corroboration of
testimony.
Section 17 amends AS 11.81.250(a) changing the term "promoting
prostitution" to "sex trafficking," and adding the crime of
"human trafficking in the first degree under AS 11.41.355."
Section 18 adds the crime of "sex trafficking in the first
degree under AS 11.66.110(a)(2)" to AS 11.81.250(b). This
provision was previously in SB 218.
2:20:08 PM
MS. CARPENETI suggested the committee add human trafficking in
the first degree to Section 18, because it is an unclassified
felony under this bill.
2:20:53 PM
CHAIR FRENCH moved Conceptual Amendment 1.
Conceptual Amendment 1
Page 8, line 24:
Following "AS 11.66.110(a)(2),"
Insert "human trafficking in the first
degree,"
SENATOR WIELECHOWSKI questioned the wisdom of stating the exact
location of the phrase.
CHAIR FRENCH said he was open to reasonable accommodation if the
drafter wanted to place it elsewhere within Section 18. Finding
no objection, he announced that Conceptual Amendment 1 was
adopted.
2:23:00 PM
MS. KLOSTER said Section 19 amends AS 12.55.035(b) changing the
term "promoting prostitution" to "sex trafficking," and adding
the crime of "human trafficking in the first degree under AS
11.41.355" to subsection (b)(1).
[Section 20 amends AS 12.55.085(f) adding AS 11.41.355 -
AS 11.41.365 to the list of violations in subsection (f)(1).]
MS. CARPENETI clarified that this adds human trafficking to
those crimes that do not qualify for a suspended imposition of
sentence (SIS).
MS. KLOSTER said Section 21 [amends AS 12.55.125] changing the
term "promoting prostitution" to "sex trafficking," and adding
the crime of "human trafficking in the first degree under AS
11.41.355."
CHAIR FRENCH directed attention to page 10, line 23, and
questioned why in this section human trafficking was modified by
the phrase "involving sexual conduct or adult entertainment."
2:24:12 PM
MS. CARPENETI explained that AS 12.55.125(i) deals with
heightened sentencing ranges for certain serious sex offenses.
Sexual conduct or adult entertainment probably was specified so
as to not import labor into these higher ranges, because it is
not really a sex offense.
CHAIR FRENCH summarized that while there is a law against
bringing someone to a fish plant, for example, to perform simple
labor, it is not a sex crime.
MS. CARPENETI said that is correct, and it should not be subject
to the sentencing ranges for serious sex offense.
2:25:24 PM
CHAIR FRENCH asked for an explanation of the provision in
Section 21 on page 11, lines 22-24.
MS. CARPENETI explained that the idea was the same as paragraph
(2). It adds "attempt, conspiracy, or solicitation to commit
human trafficking in the second degree" so as to not include
labor in the heightened ranges for sex offenses.
SENATOR COGHILL asked if conspiracy or solicitation becomes the
key element.
MS. CARPENETI explained that human trafficking under AS
11.41.360 is the target offense and a class A felony, but
subsection (i)(3) deals generally with class B felonies.
"Attempt, conspiracy, or solicitation to commit human
trafficking in the second degree under AS 11.41.360 involving
sexual conduct or adult entertainment," was added to the other
class B felonies in paragraph (3) within the larger group of sex
offenses, which are subject to a higher range under the law.
2:27:43 PM
MS. KLOSTER said Section 22 changes the term "promoting
prostitution" to "sex trafficking," and adds "online enticement
of a minor under AS 11.41.452(e)" as a most serious felony.
MS. CARPENETI explained that Section 23 corrects omissions made
when the sentencing law was changed several years ago. The
crimes of "human trafficking in the first degree, sex
trafficking in the first degree under AS 11.66.110(a)(2),"
"online enticement of a minor," and "human trafficking in the
second degree involving sexual conduct or adult entertainment"
were added to the definition of "sexual felony" under AS
12.55.185(16).
MS. KLOSTER said Section 24 adds "human trafficking in the first
degree under AS 11.41.355" and "sex trafficking in the first
degree under AS 11.66.110(a)(2) to the definition of "sex
offense" under AS 12.63.100(6).
Section 25 changes the term "promoting prostitution" to "sex
trafficking," and adds "human trafficking" to AS 15.80.010(9).
Section 26 changes the term "promoting prostitution" to "sex
trafficking," and adds "human trafficking in the first degree
under AS 11.41.355 and human trafficking in the second degree
involving sexual conduct or adult entertainment" to AS
28.15.046(c)
MS. CARPENETI noted that the provisions added to AS 28.15.046
included those offenses that preclude a person from being a
school bus driver.
MS. KLOSTER said Section 27 changes the term "promoting
prostitution" to "sex trafficking," and adds "human trafficking
in the first degree under AS 11.41.355" to AS 47.12.110(d).
MS. CARPENETI added that, in part, this section deals with the
public release of information about a delinquent minor.
Section 28 is a similar conforming amendment that deals with
public release of agency records for juveniles.
2:31:06 PM
SENATOR WIELECHOWSKI, speaking as the sponsor of SB 110,
explained that Section 29 repeals AS 11.41.360(b)(1) and AS
11.41.360(b)(3) because the definitions of "adult entertainment"
and "sexual conduct" are included elsewhere in the bill.
CHAIR FRENCH noted that both definitions were included in
Section 8.
MS. CARPENETI said Section 30 is the applicability section. The
bill is generally applicable to crimes committed before, on or
after the effective date, but to avoid constitutional concerns
with ex post facto laws, the bill applies on or after the
effective date for the new crimes.
Section 31 has instruction to the revisor of statutes to change
the catch lines and titles for certain crimes from "promoting
prostitution" to "sex trafficking."
Section 32 has an effective date of July 1, 2012.
2:34:18 PM
CHAIR FRENCH opined that SB 110 was largely a revisor's bill
that included a lot of what was in the Governor's sex
trafficking bill, SB 218. Senator Wielechowski filed his bill
last year.
SENATOR WIELECHOWSKI moved to report CS for SB 110, version X as
amended, from committee with individual recommendations and
attached fiscal note(s).
2:35:14 PM
SENATOR COGHILL objected to comment that the policy statement
was good, but he had lingering questions about how it would land
in process and whether it would work for people moved within the
state. He removed his objection.
CHAIR FRENCH encouraged him to talk to DOL or come by his office
for a chat about how this would work. He said not many people go
to prison under these laws, but everyone recognizes that these
are important tools to have available. It is wrong if even one
girl is moved across town or across the state to engage in sex
trafficking.
2:36:41 PM
SENATOR WIELECHOWSKI said the original intention was to change
the statute to eliminate discrimination against Alaskans.
Currently, it is a serious felony to move someone across state
lines to engage in sex trafficking, but it is not a similar
trafficking crime to move someone within the state for the same
purpose. SB 110 attempts to address this disparity. He offered
to work with the department or other committees as the bill
moves forward.
CHAIR FRENCH announced that without objection CSSB 110(JUD)
moved from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 6 Version Y.pdf |
SJUD 3/21/2012 1:30:00 PM |
HB 6 |
| HB Explanations of Changes Version Y.pdf |
SJUD 3/21/2012 1:30:00 PM |
HB 6 |
| SB 151 version U.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 151 |
| SB 210 version D.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 210 |
| SB 200.ACLU Review.2012.03.16.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 200 |
| SB 210 Support Resolution.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 210 |
| SB 198 Letter of Support.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 198 |
| SB 200 Version I.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 200 |
| SB 200 Explanation of Changes Version I.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 200 |
| SB 110 version X.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 110 |
| SB 198 Support Letter APD Employees Association.pdf |
SJUD 3/21/2012 1:30:00 PM |
SB 198 |
| SB 198 Ver.E.PDF |
SJUD 3/21/2012 1:30:00 PM |
SB 198 |