Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/11/2018 01:30 PM JUDICIARY
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HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF 3:26:19 PM CHAIR COGHILL announced the consideration of HB 307. [CSHB 307(JUD) was before the committee.] He noted who was available to answer questions. 3:27:15 PM REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, Juneau, Alaska, sponsor of HB 307, introduced the bill speaking to the following sponsor statement: In an effort to continue to modernize and update the Alaska Military Code, House Bill 307 provides statutory changes to incorporate recent updates from the federal Uniform Code of Military Justice (UCMJ) and Servicemembers Civil Relief Act (SCRA). In 2016, Alaska's military command worked with the legislature to pass the Alaska Code of Military Justice (ACMJ) to provide greater ability to pursue and prosecute those servicemembers who violate military rules and protocols. House Bill 307 is a continuation of those efforts. House Bill 307 would update crimes recognized by the UCMJ, establish a procedure within the code of military justice for a service member who commits a sexual offense to register as a sex offender or child kidnapper, update offenses that are subject to court- martial proceedings and update consumer protections for service members. In close and continuing consultation with the Department of Military and Veterans Affairs, we are continuing our efforts to guaranteeing the safety of Alaskans and the security of our law-enforcement procedures. Updating the ACMJ regularly is a critical response to the always-evolving military justice system, and vital to maintaining good order and discipline in the Alaska Organized Militia, so it is timely and necessary that we pass HB 307. I urge your support of this legislation. REPRESENTATIVE TUCK advised that the Uniform Code of Military Justice (UCMJ) has been around in some form since 1775. Most states try to adhere to that code so that service members know what to expect when they transfer from one state to the next. Including the Service Contract Act in the code also helps service members who are protecting the nation. 3:29:26 PM CHAIR COGHILL asked if the National Guard Bureau supports this for active duty members. REPRESENTATIVE TUCK said yes and they also worked with the Alaska Command to make sure that it fits with the Alaska Constitution. CHAIR COGHILL asked Kendra Kloster to walk through the sectional. 3:30:13 PM KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State Legislature, Juneau, Alaska, said HB 307 reflects the recent updates to the federal Uniform Code of Military Justice. She delivered the sectional analysis speaking to the prepared document. MS. KLOSTER noted that Sections 1-5 ensure that sex offenses committed under the military code are reflected under Title 12. The idea is that sex offense under the military code are reported to the Department of Public Safety (DPS) so the individual is added to the state's sex offender registry. Section 1. Amends AS 12.63.100(1) to include within the definition of aggravated sexual offense an offense under AS 26.05.890 if the person engaged in or attempted to engage in sexual penetration and an offense under AS 26.05.893 if the prohibited sexual activity in which the militia member engaged or attempted to engage in sexual penetration. Section 2. Amends AS 12.63.100(2) to include within the definition of child kidnapping an offense, attempt, solicitation, or conspiracy to commit an offense under AS 26.05.935(b) if the member of the militia commits an enumerated offense of kidnapping punishable under Article 134 of the Uniform Code of Military Justice (UCMJ) and the victim was under 18 years of age at the time of the offense. Section 3. Amends AS 12.63.100(6) to include within the definition of sex offense indecent exposure under AS 26.05.900(c) and other qualifying conviction under AS 26.05.890 and 26.05.893 as specified. Section 4. Amends AS 12.63.100 by adding new paragraphs that define "sexual contact" and "sexual penetration" to have the same meaning as given these terms in AS 11.81.900. Section 5. Amends AS 18.65.087(a) to include a court judgment that the Department of Public Safety receives from the Department of Military and Veterans Affairs for convictions under AS 26.05.890(h), 26.05.893(d), 26.05.900(e), or 26.05.935(d) as information for the sexual offender registry. Section 6. Amends AS 26.05.135 to extend the benefits of the Service members Civil Relief Act, especially those pertaining to consumer transactions, to all members of the Alaska Organized Militia (AOM), i.e., the Alaska Army National Guard, the Alaska Air National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. Section 7. Amends AS 26.05.135 by adding new subsections: (b) allowing Service members to terminate of certain contracts for consumer services if ordered to relocate; (c) directing that Servicemembers must furnish service providers with written notice of contract termination and written proof of relocation orders; (d) allowing Servicemembers to reinstate terminated contracts upon separation from the AOM; (e) prohibiting service providers from charging a Service member for terminating a contract and releasing Servicemembers from any payment obligation after the termination; and (f) defining militia members as members of the AOM, and the organized militia as including the Alaska (Army and Air) National Guard, Alaska Naval Militia, and Alaska State Defense Force and defining servicemember of the armed forces of the United States or a member of the organized militia of the state. CHAIR COGHILL asked how Section 7 works in practice. MS. KLOSTER said that when service members are deployed they can notify businesses so they won't be placed in default on bills or contracts while they are away. If they do go into default, they have civil recourse. She deferred further explanation to Bob Doehl. 3:33:06 PM BOB DOEHL, Deputy Commissioner, Department of Military & Veterans Affairs (DMVA), Anchorage, Alaska, explained that the person who is deploying notifies relevant venders or businesses that they are invoking their rights under the Civil Service Relief Act. If a military member finds they are in default when they return, DMVA encourages them to contact the vender or business to resolve the differences. If necessary something similar to the Employer Support of the Guard and Reserve process assists the businesses in understanding their rights and obligations. MS. KLOSTER continued the sectional analysis for HB 307. Section 8. Amends AS 26.05.380 (b) by striking language reserving Servicemembers' ability to reject non-judicial punishment and opt instead for court- martial, essentially restoring the "no turn-down" clause proposed in the original ACMJ update of 2015- 16. Section 9. Amends AS 26.05.555 to reflect additional language in the amended Rules for Courts-Martial 201 (c) that provides judges may hold a person in contempt of court for willfully disobeying a court-martial order or creating a disturbance during proceedings. Section 10. Amends AS 26.05 to add a new section AS 26.05.697 making failing to reveal or concealing from authorities serious offenses committed by others, and militia members committing these offenses subject to punishment as courts-martial may direct. Section 11. Amends AS 26.05.700 to allow an accused to be found guilty of lesser offenses necessarily included in offenses charged or of attempts to commit either, regarding offenses designated by the President in an appendix to the 2017 Manual for Courts-Martial. Section 12. Amends AS 26.05.715 to add a new subsection (c) prohibiting a member of the militia from soliciting or advising another person to commit an offense under this chapter, and making militia members committing such offenses subject to punishment as courts-martial may direct. Section 13. Amends AS 26.05 by adding new section AS 26.05.737 prohibiting militia members from wrongfully manipulating, creating, using, selling, or otherwise falsifying official identifications, passes, permits, or certificates and making militia members committing these offenses subject to punishment as courts-martial may direct. Section 14. Amends AS 26.05.740 to specify intentionally or wrongfully jumping into the water from a vessel in use by the armed forces so as to miss a transportation movement required by duty is an offense and a militia member committing such an offense is subject to punishment as a court-martial may direct. Section 15. Amends AS 26.05 by adding new section AS 26.05.767 describing impersonation of officers, non- commissioned officers, petty officers, agents, or officials, and AS 26.05.768 designating wearing unauthorized insignias, decorations, badges, ribbons, devices, or lapel buttons as offenses, and militia members committing these offenses are subject to punishment as courts-martial may direct. Section 16. Amends AS 26.05 by adding new section AS 26.05.785 designating a militia member who engages in inappropriate release of a prisoner or unlawfully drinking an alcoholic beverage with a prisoner is subject to punishment as a court-martial may direct. Section 17. Amends AS 26.05 by adding new section AS 26.05.793 making wrongful interference with an adverse administrative proceeding an offense, and a militia member committing such an offense subject to punishment as a court-martial may direct. Section 18. Amends AS 26.05 by adding new section AS 26.05.796 designating a militia member engaging in wrongful refusal to testify to an official military proceeding as subject to punishment as a court-martial may direct. Adds a new section AS 26.05.798 prohibiting retaliation against a person for reporting or planning to report a criminal offense, and making militia members who commit such offenses subject to punishment as courts-martial may direct. Section 19. Amends AS 26.05 by adding new section AS 26.05.833 prohibiting certain offenses against correctional custody and restriction, including escape and exceeding the limits of physical restriction, and making militia members committing such offenses subject to punishment as courts-martial may direct. Section 20. Amends AS 26.05.835 to add a new subsection (b) providing a militia member violating or falsely making an official oath is subject to punishment as a court-martial may direct. Section 21. Amends AS 26.05.855(b) to make a conforming change to remove the reference of a controlled substance in AS 26.05.870 (c), the definition of a controlled substance was moved to the definition section in AS 26.05.990. Section 22. Amends AS 26.05.855(c) to make a conforming change to remove the reference of a controlled substance in AS 26.05.870 (c), the definition of a controlled substance was moved to the definition section in AS 26.05.990. Section 23. Amends AS 26.05.860 changing the offense of "Drunk on Duty" to "Drunkenness and Other Incapacitating Offenses" offenses to include incapacitation due to indulgence in any alcoholic beverage or any drug, and making militia members who commit such offenses subject to punishment as courts- martial may direct. Section 24. Amends AS 26.05.860 by adding new subsection (b) directing a member of the militia, while in status as a prisoner is drunk or under the influence of a controlled substance without a valid prescription, shall be punished as a court-martial may direct. Section 25. Amends AS 26.05.865 to include sentinels loitering or wrongfully sitting down on duty or is unable to perform their duty as a result from any alcoholic beverage or drug is subject to punishment as courts-martial may direct. Section 26. Amends AS 26.05 by adding new section AS 26.05.867 directing militia members engaged in improper behavior toward a sentinel or lookout are subject to punishment as courts-martial may direct. Section 27. Amends AS 26.05.890(a) to enumerate the offenses for which militia members would be guilty of sexual assault and subject to punishment as courts- martial may direct. Section 28. Amends AS 26.05.890 by adding news subsections (g) defining when court-martial convening authorities may reduce, commute, or suspend sentences imposed by court-martial for offenses of sexual assault, and (h) requiring courts-martial to provide offenders convicted of sexual assault with information regarding sex offender registration under AS 12.63.010. Section 29. Amends AS 26.05 by adding new section AS 26.05.893 describing prohibited activities between militia members in positions of special trust and military recruits, trainees, and subordinates, and prescribing such offenses are subject to punishment as courts-martial may direct. AS 26.05.893 specifies consent is not a defense for any conduct at issue in a prosecution under this statute. Section 30. Amends AS 26.05 by adding new section AS 26.05.897 defining the offenses of assault and aggravated assault, and specifying militia members committing these offenses are subject to punishment as courts-martial may direct. Section 31. Amends AS 26.05.900(a) to include broadcasting and distribution of indecent recordings as described in this section as offenses for which militia members would be subject to punishment as courts-martial may direct. Section 32. Amends AS 26.05.900(d) by adding a new paragraph defining "recording" as that contained in the 2016 Amendment to article 120c of the UCMJ, "a still or moving visual image captured or recorded by any means," and "without the other person's consent" as having the same meaning as given to "without consent" in AS 11.41.470. Section 33. Amends AS 26.05.900 by adding new section (e) requiring courts-martial to provide offenders convicted of sexual assault with information regarding sex offender registration under AS 12.63.010. Section 34. Amends AS 26.05 by adding new section AS 26.05.913 making militia members engaged in willfully and unlawfully manipulating public records with ill intent subject to punishment as courts-martial may direct. Section 35. Amends AS 26.05.935 by adding new subsection (d) requiring offenders convicted of enumerated offenses under (b) of this section to register as sex offenders under AS 12.63, and requiring courts-martial to provide offenders with information regarding sex offender registration. Section 36. Amends AS 26.05 by adding new sections AS 26.05.940 prohibiting willful and intentional misuse of government computers, programs, codes, and data, and AS 26.05.945 prohibiting knowing and willful violation of the limits of a medical quarantine, and making militia members engaged in such offenses subject to punishment as a court-martial may direct. Section 37. Amends AS 26.05.990 to include the definition of a controlled substance. The definition was originally located in AS 26.05.870(c). Section 38. Repeals AS 26.05.870 (c). Section 39. Amends the uncodified law of the State of Alaska to reconcile the generally equivalent military and civilian offenses, and specify the dates the new measures above will apply to cases involving these offenses. Section 40. Amends the uncodified law of the State of Alaska to allow this Act to take effect only after The Adjutant General (TAG) notifies the revisor of statutes on or before 1 January2019 the President of the United States has signed an Executive Order designating the effective date, under the National Defense Authorization Act, of the amendments to the UCMJ made by the Military Justice Act of 2016. Section 41. Amends the uncodified law of the State of Alaska to allow Sections 1-5, 8-38, and 39 (b)-(d) of this Act to take effect only if TAG notifies the revisor of statutes as prescribed in Section 40 above. Section 42. Specifies if Sections 1-5, 8-38, and 39 (b)-(d) of this Act take effect under Section 41 above, they take effect 1 January 2019. Section 43. Establishes 1 July 2018 as this Act's effective date, except as provided in Section 38 above. CHAIR COGHILL observed that the various effective dates appear to dovetail with either the Uniform Military Code or the National Guard Bureau efforts. MS. KLOSTER said that's correct. The bill also has some conditional effect language because the current Uniform Code of Military Justice is still in process. CHAIR COGHILL asked how many bills on this topic are going through the process. 3:43:29 PM REPRESENTATIVE TUCK said this is the fourth bill that updates portions of Title 26 and they're all in the Senate. SENATOR SHOWER asked if Alaska's defense forces have had a chance to review the bill and ensure that it matches federal law. MS. KLOSTER said the sponsor has gotten a lot of help drafting the bill from Captain Blake Circle and Lieutenant Colonel Chris Weaver. They have been an integral part of making the bill work. SENATOR COSTELLO referenced the controlled substance list in subsection (d) on page 18, line 26, and asked if Ambien is included in the list. It's a federal Schedule I drug to improve sleep that has been found to cause sleepwalking and sleep- driving. 3:46:05 PM CAPTAIN BLAKE CIRCLE, Alaska Army National Guard, JBER, Alaska, stated that Ambien would be covered under the bill if it falls within the federal schedule. SENATOR SHOWER asked if they found that the changes proposed by HB 307 match the federal Uniform Code of Military Justice and mesh with the Alaska Constitution. CAPTAIN CIRCLE said there were concerns when the ACMJ went through originally, but this time he didn't find any major differences. It largely matches the federal code. 3:48:02 PM CHAIR COGHILL asked the sponsor if he'd heard any criticism of the bill. REPRESENTATIVE TUCK said no. There was some discussion related to Senator Costello's question and everyone was comfortable. MS. KLOSTER said a committee substitute is forthcoming to ensure the bill aligns with current statute. She noted that she had been working through the chair's office. 3:49:18 PM CHAIR COGHILL held HB 307 in committee.