Legislature(2019 - 2020)BELTZ 105 (TSBldg)

03/18/2019 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 89 LEGISLATURE: ETHICS, CONFLICTS TELECONFERENCED
Heard & Held
-Invited Testimony Followed by Public Testimony-
+= SB 35 CRIMES;SEX CRIMES;SENTENCING; PAROLE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
           SB 35-CRIMES;SEX CRIMES;SENTENCING; PAROLE                                                                       
                                                                                                                                
                 [Contains discussion of SB 34.]                                                                                
                                                                                                                                
2:25:01 PM                                                                                                                    
CHAIR   HUGHES  announced   that   final  order   of  business   would  be                                                      
SENATE  BILL  NO.  35, "An  Act  eliminating   marriage  as  a defense  to                                                      
certain   crimes  of  sexual   assault;   relating  to  enticement    of  a                                                     
minor;  relating   to  harassment   in  the  first  degree;   relating  to                                                      
harassment   in the  second  degree;   relating  to  indecent  viewing  or                                                      
production   of  a picture;   relating   to  the  definition   of  'sexual                                                      
contact';   relating  to  assault   in the  second  degree;   relating  to                                                      
sentencing;    relating   to   prior   convictions;    relating    to  the                                                      
definition   of  'most  serious  felony';   relating   to the  definition                                                       
of  'sexual  felony';   relating   to  the  duty  of  a  sex  offender  or                                                      
child   kidnapper    to   register;    relating    to   eligibility    for                                                      
discretionary parole; and providing for an effective date."                                                                     
                                                                                                                                
2:25:14 PM                                                                                                                    
CHAIR HUGHES made opening remarks.                                                                                              
                                                                                                                                
2:25:43 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:27:02 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
2:27:43 PM                                                                                                                    
SENATOR REINBOLD moved to adopt Amendment 1, work order 31-                                                                     
GS1873\U.1, Radford, 3/13/19.                                                                                                   
                                                                                                                                
                               AMENDMENT 1                                                                                  
                                                                                                                                
                                                                                                                                
      OFFERED IN THE SENATE                       BY SENATOR HUGHES                                                             
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
      Page 1, line 5:                                                                                                           
            Delete "relating to assault in the second                                                                         
      degree;"                                                                                                                
                                                                                                                                
      Page 6, line 24, through page 7, line 13:                                                                                 
            Delete all material.                                                                                                
                                                                                                                                
      Renumber the following bill sections accordingly.                                                                         
                                                                                                                                
      Page 22, line 28:                                                                                                         
            Delete all material.                                                                                                
                                                                                                                                
      Renumber the following paragraphs accordingly.                                                                            
                                                                                                                                
      Page 22, line 29:                                                                                                         
            Delete "sec. 16"                                                                                                    
            Insert "sec. 15"                                                                                                    
                                                                                                                                
      Page 22, line 30:                                                                                                         
            Delete "sec. 17"                                                                                                    
            Insert  "sec.  16"                                                                                                  
                                                                                                                                
      Page  22, line  31:                                                                                                       
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            Insert  "sec.  24"                                                                                                  
                                                                                                                                
      Page  23, line  9:                                                                                                        
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            Insert  "sec.  25"                                                                                                  
                                                                                                                                
CHAIR HUGHES objected for the purpose of discussion.                                                                            
                                                                                                                                
2:28:03 PM                                                                                                                    
BUDDY   WHITT,    Staff,   Senator    Shelley    Hughes,   Alaska    State                                                      
Legislature,    Juneau,   on  behalf   of  Chair   Hughes,   stated   that                                                      
Amendment   1 was  previously   discussed   [on  March  13].  He referred                                                       
to  page  6,  line  24  through  page  7,  line  13,  related   to  sexual                                                      
assault   in  the  first  degree   and  enhanced   sentencing   structure                                                       
for  sexual  assault  in  the third  degree.   This  enhanced  sentencing                                                       
structure   was  put into  a  previous  bill,  SB  12,  and  is no  longer                                                      
needed in this bill.                                                                                                            
                                                                                                                                
2:28:59 PM                                                                                                                    
SENATOR REINBOLD asked what would happen if SB 12 does not pass.                                                                
                                                                                                                                
MR.   WHITT  answered    that   this  provision    would   not  pass.   He                                                      
suggested   that   the  committee   could  keep   the  language   in  both                                                      
bills, but the language should be identical.                                                                                    
                                                                                                                                
CHAIR   HUGHES   related   her  understanding    that   the  language   is                                                      
similar   but  not identical.    She  said  that  removing  the  language                                                       
would  clear   up any  ambiguity   and  if  SB  12  were  to  falter,  the                                                      
committee could look at another vehicle.                                                                                        
                                                                                                                                
SENATOR   REINBOLD    related   her  understanding    that   a  different                                                       
version was in the other body.                                                                                                  
                                                                                                                                
2:29:58 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:31:16 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
2:31:26 PM                                                                                                                    
MR.  WHITT  said   that  several  sections   of  the  bill  were   removed                                                      
and  placed  in SB  12.  He reminded   members  that  it was  the  will of                                                      
the  committee  to  make  SB 12  a stand-alone   vehicle  to  address  the                                                      
issues  in  the Justin   Schneider  case  and  it includes   the enhanced                                                       
sentence structures for sexual assault and assault.                                                                             
                                                                                                                                
2:32:02 PM                                                                                                                    
CHAIR HUGHES removed her objection.                                                                                             
                                                                                                                                
2:32:14 PM                                                                                                                    
SENATOR   REINBOLD   objected   to   ask  whether   enhanced   sentencing                                                       
will not be in effect if SB 12 does not pass.                                                                                   
                                                                                                                                
MR.  WHITT  agreed   that  if  SB 12  does  not  pass  that   there  would                                                      
not  be  any enhanced   sentencing,   clarification    on the  definition                                                       
of  sexual  contact,   credits   for  electronic   monitoring    or a  fix                                                      
for  the  Justin  Schneider   loophole  since  those   provisions   are in                                                      
SB 12.                                                                                                                          
                                                                                                                                
SENATOR   REINBOLD   related  her  understanding    that  if  SB  12  does                                                      
not  pass  there  will not  be  any enhanced   sentencing,   which  is the                                                      
reason  she  raised  the  "red  flag"  to  make  sure  people  understand                                                       
the implications. She expressed her concern                                                                                     
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
CHAIR  HUGHES   indicated   that  multiple   vehicles   exist   to  remedy                                                      
this, including floor amendments.                                                                                               
                                                                                                                                
There being no further objection, Amendment 1 was adopted.                                                                      
                                                                                                                                
2:33:36 PM                                                                                                                    
CHAIR  HUGHES  said  many  of the  amendments   were  generated  from  her                                                      
office. She asked Senator Reinbold to move Amendment 2.                                                                         
                                                                                                                                
2:33:53 PM                                                                                                                    
SENATOR   REINBOLD   moved   to  adopt   Amendment   2,  work   order  31-                                                      
GS1873\U.6, Radford, 3/13/19.                                                                                                   
                                                                                                                                
                           AMENDMENT 2                                                                                      
                                                                                                                                
      OFFERED IN THE SENATE                          BY SENATOR HUGHES                                                          
      TO:  CSSB 35(JUD), Draft Version "U"                                                                                      
                                                                                                                                
                                                                                                                                
      Page 1, line 9:                                                                                                           
            Delete "relating to eligibility for discretionary                                                                 
      parole;"                                                                                                                
                                                                                                                                
      Page 17, line 29, through page 20, line 23:                                                                               
            Delete all material.                                                                                                
                                                                                                                                
      Renumber the following bill sections accordingly.                                                                         
                                                                                                                                
      Page 23, lines 8 - 10:                                                                                                    
            Delete all material.                                                                                                
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
2:34:12 PM                                                                                                                    
MR.  WHITT  explained   that  Amendment  2  would  remove  language   that                                                      
is  in another  bill,  SB  34,  which  is in  the committee.   It  relates                                                      
to  discretionary   parole.   When  the  original   bills  for  SB 34  and                                                      
SB  35  were  read  across,   the  sections   related   to  discretionary                                                       
parole   matched.    However,    because   the   Senate   State    Affairs                                                      
Standing   Committee   made  a  change   to  SB  34,  and  the  committee                                                       
amended   SB  35,  this  language   is being   removed   to avoid   having                                                      
two competing provisions in separate vehicles.                                                                                  
                                                                                                                                
SENATOR   REINBOLD  asked  whether   the  issues  will  remain   if  SB 34                                                      
does not pass.                                                                                                                  
                                                                                                                                
CHAIR  HUGHES   responded   that  she  hopes  that   SB  34 passes   since                                                      
discretionary    parole  issues   are  very  important.   However,   if SB                                                      
34 does not pass, the issues will remain.                                                                                       
                                                                                                                                
MR.  WHITT  agreed,   that  if  SB  34  does  not  pass,  the  provisions                                                       
[related to discretionary parole] will not pass.                                                                                
                                                                                                                                
SENATOR   HUGHES   clarified   that  if  SB  34  does   not  pass,  SB  35                                                      
could be amended on the floor.                                                                                                  
                                                                                                                                
2:35:49 PM                                                                                                                    
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
There being no further objection, Amendment 2 was adopted.                                                                      
                                                                                                                                
2:36:01 PM                                                                                                                    
SENATOR   REINBOLD   moved   to  adopt   Amendment   3,  work   order  31-                                                      
GS1873\U.11, Radford, 3/14/19.                                                                                                  
                                                                                                                                
                               AMENDMENT 3                                                                                  
                                                                                                                                
                                                                                                                                
      OFFERED IN THE SENATE                      BY SENATOR HUGHES                                                              
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
      Page 12, line 1:                                                                                                          
            Delete "the elements"                                                                                           
            Insert "those"                                                                                                  
            Delete "under state"                                                                                            
            Insert "defined as such under Alaska"                                                                           
                                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for the purpose of discussion.                                                                            
                                                                                                                                
MR.  WHITT  explained   Amendment  3,  stating   that it  makes  a  slight                                                      
change   to  the   bill.   He  referred   to   page  12,   line   1.  This                                                      
corrects   a  drafting   error.   He   referred   to  page  11,   line  31                                                      
[through   page  12, line  2]  of SB  35,  Version  U,  which  read,  "(D)                                                  
a  conviction    in  this   or  another   jurisdiction    of  an   offense                                                  
having  elements   similar  to  the  elements  of  a felony   under  state                                                  
law  at the  time  the  offense  was  committed   is  considered  a  prior                                                  
felony   conviction;".    It   should   be  changed   to   read,   "(D)   a                                                 
conviction   in  this  or another   jurisdiction   of  an offense   having                                                      
elements   [similar  to]  those   of a  felony  [defined   as  such  under                                                      
Alaska]  law  at  the  time  the offense   was  committed  is  considered                                                       
a  prior  felony   conviction;"    and  said  that  this   makes  a  minor                                                      
technical   change  and  also  adds   "defined  as  such  under  Alaska."                                                       
This  means  that   if an  offense   occurs  in  another   state  that  is                                                      
similar   law  in  the  State   of  Alaska   it  is  considered   a  prior                                                      
felony conviction in the state.                                                                                                 
                                                                                                                                
2:37:56 PM                                                                                                                    
SENATOR MICCICHE asked him to repeat the proposed language.                                                                     
                                                                                                                                
2:38:05 PM                                                                                                                    
MR.  WHITT  read,  "having     elements  similar   to  those  of a  felony                                                      
defined   as  such  under  Alaska   law  at  the  time  the  offense   was                                                      
committed is considered a prior felony conviction;".                                                                            
                                                                                                                                
2:38:37 PM                                                                                                                    
SENATOR  KIEHL   referred  to  the  language  in  other  sections   of the                                                      
bill  [that  is  existing   law].  He  asked  whether   this  language  in                                                      
other  subsections    should  conform   to  the [language   in  Amendment                                                       
3].                                                                                                                             
                                                                                                                                
MR. WHITT deferred to the Department of Law (DOL) to respond.                                                                   
                                                                                                                                
2:39:29 PM                                                                                                                    
KACI   SCHROEDER,    Assistant   Attorney    General,   Central    Office,                                                      
Criminal   Division,   Department    of  Law,   Juneau,   responded   that                                                      
this language was copied from page 10, lines 13-15, which read:                                                                 
                                                                                                                                
      (B) a  conviction   in this  or  another  jurisdiction   of  an                                                           
      offense  having   elements   similar  to  those  of  a  felony                                                            
      defined   as  such   under   Alaska   law  at  the   time  the                                                            
      offense   was  committed   is   considered   a  prior   felony                                                            
      conviction;                                                                                                               
                                                                                                                                
MS.  SCHROEDER  said  this  language   was inserted   [in subparagraph    D                                                     
on page 12, line 1] to restore this provision.                                                                                  
                                                                                                                                
SENATOR KIEHL referred to language on page 1, lines 24-26.                                                                      
                                                                                                                                
      (A) a  conviction   in this  or  another  jurisdiction   of  an                                                           
      offense   having  elements    similar  to   those  of  a  most                                                            
      serious   felony   is  considered    a  prior   most   serious                                                            
      felony conviction;                                                                                                        
                                                                                                                                
He also referred to language on page 11, lines 17-19.                                                                           
                                                                                                                                
      (A) a  conviction   in this  or  another  jurisdiction   of  an                                                           
      offense   having  elements    similar  to   those  of  a  most                                                            
      serious   felony   is  considered    a  prior   most   serious                                                            
      felony conviction;                                                                                                        
                                                                                                                                
SENATOR   KIEHL  asked  whether   these  provisions   should   conform  to                                                      
the  language  in  Amendment  3.  He noted  that  this  could  be  handled                                                      
at another time.                                                                                                                
                                                                                                                                
2:40:42 PM                                                                                                                    
SENATOR   MICCICHE   asked   whether   the  language   "having   elements                                                       
similar  to"  is  clear  enough  under  law.  He  wondered   what  happens                                                      
if   [another    jurisdiction]    charged    a  crime    as   a  class    A                                                     
misdemeanor   and  Alaska  charges   it as  a class  B  misdemeanor,   but                                                      
the crimes were essentially the same.                                                                                           
                                                                                                                                
MS.  SCHROEDER    answered   that  it  is   clear.  She   explained   that                                                      
there   are  numerous   instances   of  case  law  surrounding    how  the                                                      
state  interprets   "elements  similar   to" and  that  it  is an  element                                                      
by  element  analysis.   The  Department   of  Law  will  often  argue  it                                                      
before  the  court,   but  the  court  has  the  ultimate  decision.   She                                                      
reiterated that it is clear.                                                                                                    
                                                                                                                                
2:41:24 PM                                                                                                                    
CHAIR   HUGHES   removed   her   objection.   There   being   no   further                                                      
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
2:41:35 PM                                                                                                                    
SENATOR   REINBOLD   moved   to  adopt   Amendment   4,  work   order  31-                                                      
GS1873\U.17, Bruce/Radford, 3/15/19.                                                                                            
                                                                                                                                
                               AMENDMENT 4                                                                                  
                                                                                                                                
                                                                                                                                
      OFFERED IN THE SENATE                        BY SENATOR HUGHES                                                            
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
      Page 23, following line 10:                                                                                               
      Insert a new bill section to read:                                                                                        
         "*  Sec.   33.  The   uncodified   law  of   the  State   of                                                       
      Alaska is amended by adding a new section to read:                                                                        
            TRANSITION: REGULATIONS. The Department of Law,                                                                     
      the  attorney  general,   the Department   of  Public  Safety,                                                            
      and   the   commissioner    of   public   safety   may   adopt                                                            
      regulations   necessary  to  implement   the changes   made  by                                                           
      secs.  28   and  29  of  this   Act.  The   regulations   take                                                            
      effect  under   AS 44.62  (Administrative    Procedure   Act),                                                            
      but  not   before   the  effective   date   of  the   relevant                                                            
      provision of this Act implemented by the regulation."                                                                     
                                                                                                                                
      Renumber the following bill sections accordingly.                                                                         
                                                                                                                                
      Page 23, following line 15:                                                                                               
      Insert a new bill section to read:                                                                                        
          "* Sec. 35. Sections 27 - 29 of this Act take                                                                     
      effect July 1, 2020."                                                                                                     
                                                                                                                                
      Renumber the following bill section accordingly.                                                                          
                                                                                                                                
      Page 23, line 16:                                                                                                         
            Delete "This"                                                                                                       
            Insert "Except as provided by sec. 35 of this                                                                       
      Act, this"                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
MR.  WHITT  said  that  Amendment   4 was  requested   by the  Department                                                       
of  Law.  He referred   to  pages  20-21  to  Sections   27, 28,  and  29.                                                      
The  committee    would   like  to   gather   data  on  prosecutions    of                                                      
sexual   crimes    and   reasons    cases   are   not   documented.    The                                                      
Department   of Law  (DOL)  and  the Department   of  Public  Safety  will                                                      
work  in  conjunction   to  gather   data.  Amendment   4  would  set  the                                                      
effective   date,   as  requested   by  the  DOL,   to  July  1,  2020  to                                                      
allow it enough time to efficiently gather and report the data.                                                                 
                                                                                                                                
2:43:01 PM                                                                                                                    
SENATOR  SHOWER   asked  to revert   to Amendment   3.  He asked   whether                                                      
there is any conforming language in rest of the bill.                                                                           
                                                                                                                                
MS. SCHROEDER answered no.                                                                                                      
                                                                                                                                
SENATOR   REINBOLD    asked   if  this   language    simply   creates   an                                                      
extension   to  allow  the  departments   to  coordinate   their   efforts                                                      
and it would not affect regulations.                                                                                            
                                                                                                                                
MS.   SCHROEDER   answered    that   the  language    in   the  committee                                                       
substitute   (CS)  for  SB  35,  Version   U,  is a  new  obligation   for                                                      
the  Department  of  Law.  The  DOL would  need  to  develop  a mechanism                                                       
to  track   the  data  and  develop   regulations.    Amendment   4  would                                                      
give the department about a year to implement the change.                                                                       
                                                                                                                                
CHAIR   HUGHES   removed   her   objection.   There   being   no   further                                                      
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
2:44:19 PM                                                                                                                    
SENATOR   REINBOLD   moved   to  adopt   Amendment   5,  work   order  31-                                                      
GS1873\U.4, Radford, 3/14/19.                                                                                                   
                                                                                                                                
                               AMENDMENT 5                                                                                  
                                                                                                                                
                                                                                                                                
      OFFERED IN THE SENATE                       BY SENATOR HUGHES                                                             
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
                                                                                                                                
      Page 6, line 19, following "section":                                                                                     
            Insert "for a defendant convicted of a crime                                                                        
      involving a sex offense as defined in AS 12.63.100 or                                                                     
      a crime involving domestic violence as defined in                                                                         
      AS 18.66.990"                                                                                                             
                                                                                                                                
      Page 6, lines 20 - 21:                                                                                                    
            Delete "by a preponderance of the evidence"                                                                         
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:44:39 PM                                                                                                                    
MR.  WHITT  explained   Amendment   5, which  was  requested   by  Senator                                                      
Kiehl.   He   referred   to   page   6,  line   19,   which   relates   to                                                      
presumption    of  no  contact   orders.   The  language   in   Version   U                                                     
includes   the  presumption   of  no  contact  orders   for every   single                                                      
crime  in  AS  12.55.015.   However,  the  intent   is that  it  would  be                                                      
specific   to   AS  12.63.100,   relating    to  sex  offenses,    and  AS                                                      
18.66.990,   which  relates   to crimes   involving   domestic  violence.                                                       
Amendment    5   would    specify    no   contact    orders    for   those                                                      
provisions.                                                                                                                     
                                                                                                                                
SENATOR   REINBOLD  asked   for  further  clarification    on  the  effect                                                      
of deleting "by a preponderance of the evidence.                                                                                
                                                                                                                                
2:45:34 PM                                                                                                                    
REGINA   LARGENT,   Staff,   Senator    Shelley   Hughes,   Alaska   State                                                      
Legislature,     Juneau,    answered    that    this   was    unnecessary                                                       
language,   that  the  courts   will  use  the  lowest   burden  of  proof                                                      
unless  otherwise   specified.   This  language   was  not requested   and                                                      
was removed.                                                                                                                    
                                                                                                                                
2:46:12 PM                                                                                                                    
CHAIR   HUGHES   removed   her   objection.   There   being   no   further                                                      
objection, Amendment 5 was adopted.                                                                                             
                                                                                                                                
2:46:17 PM                                                                                                                    
SENATOR   REINBOLD   moved   to  adopt   Amendment   6,  work   order  31-                                                      
GS1873\U.12, Radford, 3/14/19.                                                                                                  
                                                                                                                                
                           AMENDMENT 6                                                                                      
                                                                                                                                
                                                                                                                                
  OFFERED IN THE SENATE                      BY SENATOR HUGHES                                                                  
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
                                                                                                                                
      Page 13, line 1, following "degree":                                                                                  
            Insert "if the victim is at least six years                                                                     
      younger than the offender"                                                                                            
                                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
MR.  WHITT  referred   to  page  13,  line  1  to Section   19  of SB  35.                                                      
The  definition  [in  AS  12.55.185]   for "sexual   felony"  was  amended                                                      
to  add  conforming   language  due  to  changes  in  sexual   abuse  of  a                                                     
minor  in  the  third  degree.   However,   language   was  inadvertently                                                       
omitted   that  would  read,  "if  the  victim   is  at  least  six  years                                                      
younger than the offender".                                                                                                     
                                                                                                                                
MS.  LARGENT   related   her  understanding    that   this  language   was                                                      
originally   in  the  bill  but  was  removed.   The  Department   of  Law                                                      
asked that the language be added.                                                                                               
                                                                                                                                
2:47:29 PM                                                                                                                    
SENATOR   REINBOLD   asked   whether   the  department   thinks   this  is                                                      
well written.                                                                                                                   
                                                                                                                                
MS. SCHROEDER nodded yes.                                                                                                       
                                                                                                                                
2:47:47 PM                                                                                                                    
CHAIR   HUGHES    indicated   that   Ms.   Schroeder,    seated    in  the                                                      
audience, had nodded affirmatively.                                                                                             
                                                                                                                                
CHAIR   HUGHES    removed   her   objection,    and   after   determining                                                       
Senator Shower had a question withdrew removing her objection.                                                                  
                                                                                                                                
2:47:58 PM                                                                                                                    
SENATOR  SHOWER   recalled  the  committee   held  a long  discussion   on                                                      
minors   defined   as  younger   than  age  17.   He  asked  for   further                                                      
clarification    that   this   change   "lines   up"   with   the   issues                                                      
previously discussed.                                                                                                           
                                                                                                                                
MR.  WHITT   responded   that  an  additional   amendment   will   clarify                                                      
the language in Sections 7 and 12 of the bill related to minors.                                                                
                                                                                                                                
2:49:01 PM                                                                                                                    
MS.  LARGENT   concurred   that  Mr.  Whitt   is correct   that  separate                                                       
amendments   address   those  provisions.   Further,   the Department   of                                                      
Law is working on other amendments to address it.                                                                               
                                                                                                                                
2:49:21 PM                                                                                                                    
SENATOR   SHOWER    remarked   that   the   discussion   last   week   was                                                      
confusing.    He  said  that   identifying    that  the   sexual   assault                                                      
language   related  to  minors  needed  to  be updated   came  up,  but he                                                      
has  not  been  able  to  identify  all  the  sections   in  statute  that                                                      
pertain   to  sexual  assault.   He  wanted   to  be  certain   that  this                                                      
language   "matches   up."  He  asked   for  clarification    on  how  six                                                      
years was determined.                                                                                                           
                                                                                                                                
2:50:34 PM                                                                                                                    
MS.  SCHROEDER   explained   that   Amendment   6  is cleanup   language.                                                       
She  related   that  the  underlying   bill  makes   it  a sexual   felony                                                      
sentence  to  the  higher  presumptive   sentence  when  there  is  a six-                                                      
year  age   difference   between   the   offender   and  the  victim   for                                                      
sexual abuse of a minor in the third degree.                                                                                    
                                                                                                                                
She  referred  to  the definition   of  sexual  abuse  of a  minor  in the                                                      
third degree [AS 11.41.438(a):                                                                                                  
                                                                                                                                
      (a) An  offender   commits  the  crime  of sexual  abuse  of  a                                                           
      minor  in  the third  degree   if being  17  years  of  age  or                                                           
      older,  the  offender   engages   in  sexual  contact   with  a                                                           
      person  who  is 13,  14,  or  15 years  of  age  and  at least                                                            
      four years younger than the offender.                                                                                     
                                                                                                                                
She  said  that  if  the  victim  is  at least  six  years   younger  than                                                      
the  offender,    the  offender   would   be  sentenced    as  a  class   C                                                     
felony.  However,   the  bill  would  acknowledge   that  a  six-year  age                                                      
difference   is  more  predatory,   and  the  crime   would  be  a  sexual                                                      
felony   sentenced   to  the   higher   presumptive   ranges   associated                                                       
with  sex  felonies.   Amendment  6  would  clarify  that  aspect   in the                                                      
definition of a sexual felony.                                                                                                  
                                                                                                                                
2:51:51 PM                                                                                                                    
SENATOR  REINBOLD   said  that  the committee   received  the  amendments                                                       
this  morning.  She  asked  for  further  clarification   on  whether  the                                                      
"newer  fix"  is  a  change  from  the  original   bill  or if  it  refers                                                      
to the committee substitute.                                                                                                    
                                                                                                                                
MS.  LARGENT   referred   to  the  internal   document,   not   posted  to                                                      
BASIS,   which  consisted   of  staff  notes.   One  column  was   titled,                                                      
"new  or  fix."  She  stated  that  "fix"   was intended   as  a reminder                                                       
that  the  amendment   was  something   not   drafted  as  requested,   or                                                      
the   Legislative    Legal   Counsel,    Legislative    Legal   Services,                                                       
Legislative   Affairs  Agency   removed  the  language  and  Chair  Hughes                                                      
requested that it be reinserted.                                                                                                
                                                                                                                                
SENATOR   REINBOLD  asked  for  further   clarification   that  Amendment                                                       
4 referred to one specific crime.                                                                                               
                                                                                                                                
MS.  SCHROEDER  answered   yes.  She said  that  Amendment   4 would  draw                                                      
the  line  at six  years  of  an age  difference.   If  the  offender  and                                                      
the  victim  were  within   six  years  of  age,  the offender   would  be                                                      
sentenced   to a  lower-level   sentence.   If the  offender   and  victim                                                      
were  six   years  apart   or  above,   the  offender   would   receive   a                                                     
higher  level   of sentence.   The  crime  in  both  instances   would  be                                                      
sexual  abuse   of a  minor  in  the  third  degree,  but  two  different                                                       
sentencing    structures    would   be  used,   depending    on  the   age                                                      
difference.                                                                                                                     
                                                                                                                                
2:53:44 PM                                                                                                                    
SENATOR  KIEHL   asked  for  further  clarification    that  the six-year                                                       
age  difference    would  relate   to  sexual  contact   and   not  sexual                                                      
penetration, which would be more serious.                                                                                       
                                                                                                                                
MS. SCHROEDER answered yes.                                                                                                     
                                                                                                                                
2:54:08 PM                                                                                                                    
CHAIR   HUGHES   removed   her   objection.   There   being   no   further                                                      
objection, Amendment 6 was adopted.                                                                                             
                                                                                                                                
2:54:16 PM                                                                                                                    
SENATOR   REINBOLD   moved   to  adopt   Amendment   7,  work   order  31-                                                      
GS1873\U.13, Radford, 3/14/19.                                                                                                  
                                                                                                                                
                            AMENDMENT 7                                                                                     
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                            BY SENATOR HUGHES                                                              
      TO:  CSSB 35(JUD), Draft Version "U"                                                                                      
                                                                                                                                
                                                                                                                                
      Page 21, lines 12 - 19:                                                                                                   
            Delete all material and insert:                                                                                     
                 "(1)  develop a tool to track felony sex                                                                       
      offenses   reported  to  the  Department    of Public   Safety                                                            
      by geographic   location;   the  tracking  tool  must  include                                                            
      a  means  to  record  the  reason   a  reported   offense  was                                                            
      not  referred    for  prosecution    or,   if  referred,   the                                                            
      reason   the    offense    was   not   prosecuted    and,    if                                                           
      applicable,   the   reason   a  sex  offense   charged   as   a                                                           
      felony  resulted   in  a  conviction   of  an  offense   other                                                            
      than a sex offense under a plea agreement;                                                                                
                 (2)  develop regulations and procedures to                                                                     
      implement the requirements established under (1) of                                                                       
      this subsection; and                                                                                                      
                 (3)  provide training for the implementation                                                                   
      of the regulations and procedures established under                                                                       
      (2) of this subsection in each state department as                                                                        
      necessary."                                                                                                               
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:54:47 PM                                                                                                                    
MR.   WHITT   said   that   Amendments   7,   8,   and  9   coincide.   He                                                      
explained   that  the  language   in  Sections   28 and  29  of  the  CSSB                                                      
35,  Version   U,   related   to  gathering   more   data  on   cases  and                                                      
reasons   sexual  felony  cases   are  prosecuted   or not  to  develop   a                                                     
tool  to  track   offenses.   He  said  the  language   in  the  CSSB  35,                                                      
Version   U  was   not   the  language    requested.   He   reviewed   the                                                      
language   in Amendment   7,  paragraphs   (1)-(3),   which  specifically                                                       
lists    the   desired    data   and    directive    to   the   pertinent                                                       
departments.                                                                                                                    
                                                                                                                                
2:56:10 PM                                                                                                                    
SENATOR  MICCICHE   asked  whether   this  would  ask  the Department   of                                                      
Public  Safety  (DPS)  to  record  [statistics]   on  defendants   who are                                                      
found  not  guilty.  He  said  if  defendants   are not  prosecuted   that                                                      
they  are  still  presumed   innocent   until  proven   guilty.  He  asked                                                      
whether   this   would   require    tracking   offenses    that   are  not                                                      
prosecuted.                                                                                                                     
                                                                                                                                
MR.  WHITT  responded  that  tracking   the data  would  not  include  any                                                      
personal   or  proprietary   information,    but  rather   the  number  of                                                      
cases  that   were  reported,   but  were   not  ultimately   prosecuted.                                                       
Further,   it would  track   cases  that  were  reported  but  ultimately                                                       
dropped,   as  well  as  the  number  of  cases  that  were   pursued  and                                                      
prosecuted.    He  characterized    it   as  raw   data   not  containing                                                       
personal information or data.                                                                                                   
                                                                                                                                
2:58:04 PM                                                                                                                    
SENATOR    MICCICHE    asked   for   further    clarification    on   this                                                      
section.                                                                                                                        
                                                                                                                                
MS.  SCHROEDER  responded   that  the  department  views  Amendment   7 as                                                      
a  query   for  the   reasons   why   cases  are   not  prosecuted.    The                                                      
department   currently  attempts   to  track  these  reasons  internally.                                                       
She   concurred   with   Mr.   Whitt   that   this   would   require   the                                                      
department    to  report   the   data.   For  example,    the  department                                                       
declined    this    many    sexual    felonies    for    these   reasons,                                                       
evidentiary   reasons,  witness   not  available,  or  other  reasons  the                                                      
cases were not pursued.                                                                                                         
                                                                                                                                
SENATOR  MICCICHE   asked  whether  this  was  in the  original  bill  and                                                      
for further clarification on the goal of this section.                                                                          
                                                                                                                                
2:59:15 PM                                                                                                                    
MR.  WHITT   explained   that   Sections   8  and   9  of  the  committee                                                       
substitute   (CS)   SB  35,   Version   U,  were  not   in  the  original                                                       
version   of  the   bill.  Amendments    7-9  add   language   originally                                                       
requested by Chair Hughes and Vice Chair Reinbold in Version U.                                                                 
                                                                                                                                
SENATOR   REINBOLD   recalled   that  43  percent   of  misdemeanors   are                                                      
dismissed.    She  said   she   was  uncertain    about   the  number   of                                                      
felonies  that  are  dismissed,   but  63 percent  of  [sexual  assaults]                                                       
are  unreported  nationwide.   She  said  this  is a  "red  flag"  for the                                                      
public and the reason she thinks the amendment is a good idea.                                                                  
                                                                                                                                
SENATOR   SHOWER  said   he understood    the  value  of  obtaining   data                                                      
and  to track   it. He  expressed   concern  to  ensure  that  the  record                                                      
reflects   the  legislative   intent   on  the  type  of  data.  He  would                                                      
like   the   record   to   reflect   that   only   raw   data   would   be                                                      
collected.                                                                                                                      
                                                                                                                                
3:01:13 PM                                                                                                                    
CHAIR  HUGHES   asked   the  record  to  reflect   that  the   privacy  of                                                      
individuals   will  be  protected  and  that  this  relates   to raw  data                                                      
for statistical purposes.                                                                                                       
                                                                                                                                
MS.  SCHROEDER    agreed   that  is  how   the  the  Department    of  Law                                                      
interprets the language in Amendment 7.                                                                                         
                                                                                                                                
3:01:39 PM                                                                                                                    
SENATOR  SHOWER   asked  the  record  to  reflect  that  the  legislature                                                       
wants  the  department   to  protect   the  privacy  of  individuals.   He                                                      
said  that  the  intent  of  Amendment  7  is to  provide  raw  data  only                                                      
and  not   any  identifying    data   so  the   department   can   use  it                                                      
appropriately.                                                                                                                  
                                                                                                                                
SENATOR  KIEHL   agreed  with  the  intent.  He  asked  how  granular  the                                                      
DOL   intends   and   the   usefulness    to   future   legislators.    He                                                      
recalled   the   reports   to  the  committee    and  his  alarm   at  the                                                      
number  of  sex  crimes  that   are not  [prosecuted].    He  wondered  if                                                      
future  legislators   would   interpret  this  to  mean  that  victims  do                                                      
not   feel  safe   and   to  work   on  victim's    services   or   police                                                      
training.   He  asked  for  further   clarification    on  what  types  of                                                      
analysis   legislators    would  be   able  to  do  with   the  collected                                                       
data.                                                                                                                           
                                                                                                                                
3:02:55 PM                                                                                                                    
MS.  SCHROEDER   answered   that  the  department   views  this  as  a new                                                      
area  and  she  was  unsure   how  granular,   or the  level   of  detail,                                                      
the  department   would   obtain,  but  she  offered   to  work  with  the                                                      
legislature    to   further   define   the   type   of  information    the                                                      
department should extract. She characterized it as a first step.                                                                
                                                                                                                                
MR.  WHITT  referred   to  discussions   in  Chair  Hughes's   office.  He                                                      
said  that  not  knowing  what  can  be  done  with  the  data  is  a moot                                                      
point.  Once  the  legislature   obtains  the  data  and can  analyze  it,                                                      
it  is  possible  the  legislature   can  do  something   to  improve  the                                                      
numbers.                                                                                                                        
                                                                                                                                
3:03:55 PM                                                                                                                    
CHAIR HUGHES said she appreciated the discussion.                                                                               
                                                                                                                                
3:04:10 PM                                                                                                                    
CHAIR HUGHES removed her objection. There being no further                                                                      
objection, Amendment 7 was adopted.                                                                                             
                                                                                                                                
3:04:15 PM                                                                                                                    
SENATOR   REINBOLD   moved   to  adopt   Amendment   8,   work  order   31-                                                     
GS1873\U.14, Radford, 3/14/19.                                                                                                  
                                                                                                                                
                               AMENDMENT 8                                                                                  
                                                                                                                                
                                                                                                                                
 OFFERED IN THE SENATE                         BY SENATOR HUGHES                                                                
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
                                                                                                                                
      Page 21, lines 28 - 29:                                                                                                   
            Delete all material and insert:                                                                                     
                 "(3) the number of sex offenses referred for                                                                   
      prosecution that were charged as a felony and, under a                                                                    
      plea agreement, resulted in a conviction for a crime                                                                      
      other than a sex offense."                                                                                                
                                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
MR.   WHITT   explained   that   Amendment    8  would   add   previously                                                       
requested   language.  He  referred  to  page  21, lines  28-29,   [of the                                                      
proposed   committee   substitute   (CS)  for  SB  35 (JUD),   Version  U]                                                      
and  read  the  language  in  Amendment  8.  He  explained  that  this  is                                                      
clarifying language that also would add a bit more data.                                                                        
                                                                                                                                
3:05:01  PM                                                                                                                   
CHAIR   HUGHES    removed   her   objection,    and   after   determining                                                       
Senator    Micciche    had    a   question,    withdrew    removing    her                                                      
objection.                                                                                                                      
                                                                                                                                
3:05:16  PM                                                                                                                   
SENATOR  MICCICHE   said  this  language   would  only  change  paragraph                                                       
(3). He read paragraphs (1)-(3).                                                                                                
                                                                                                                                
      (1)the number of felony sex offenses reported to the                                                                      
      Department of Public Safety that were not referred for                                                                    
      prosecution;                                                                                                              
                                                                                                                                
      (2) the number of felony sex offenses referred for                                                                        
      prosecution that were not prosecuted; and                                                                                 
                                                                                                                                
      (3) the number of felony sex offenses.                                                                                    
                                                                                                                                
He  asked   whether    a  fourth   paragraph   should    be  added   since                                                      
paragraph   3  of  Amendment   8  only  captures   those   cases  under   a                                                     
plea agreement.                                                                                                                 
                                                                                                                                
3:06:18  PM                                                                                                                   
MS.   SCHROEDER   commented    that  Senator    Micciche   makes   a  good                                                      
point.  The  proposed  language   would  exclude  cases  that  were  taken                                                      
to  trial,  and  the  defendant   was  acquitted   on all  sex  offenses,                                                       
was convicted on a non-sex offense.                                                                                             
                                                                                                                                
3:06:39  PM                                                                                                                   
SENATOR   MICCICHE    moved   to  adopt   Conceptual    Amendment    1  to                                                      
Amendment   8,  beginning    on  page  21,  line   30,  which   would  add                                                      
paragraph (4).                                                                                                                  
                                                                                                                                
MR.  WHITT  interjected   by relating   that  the Department   of  Law has                                                      
pointed   out  the   effect   of  Amendment   8  could   be  achieved   by                                                      
deleting the language "under a plea agreement."                                                                                 
                                                                                                                                
3:07:27  PM                                                                                                                   
At-ease.                                                                                                                        
                                                                                                                                
3:09:12  PM                                                                                                                   
                                                                                                                                
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
3:09:12 PM                                                                                                                    
SENATOR    MICCICHE    restated   his   motion    to   adopt   Conceptual                                                       
Amendment   1  to Amendment   8.  On  page  21,  line  30,  [of  the  CSSB                                                      
35,  Version   U]  would  renumber   paragraph   (3)  of  Amendment   8 to                                                      
paragraph    (4)  and   insert   the  language,    "the   number   of  sex                                                      
offenses   referred  for  prosecution   that  were  charged   as a  felony                                                      
and,  under   a  plea  agreement,    resulted   in  a  conviction   for   a                                                     
crime  other  than  a sex  offense."   This would  essentially   separate                                                       
the data for sex offenses under a plea agreement.                                                                               
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  SHOWER  asked   whether  this  language  should  be  broken  down                                                      
further   or if  the  [Conceptual   Amendment   1  to Amendment   8]  will                                                      
capture    what   is   needed    since   the   other    categories    were                                                      
mentioned.                                                                                                                      
                                                                                                                                
MR.  WHITT   offered   to  read   the  language,    as  amended   [by  the                                                      
Conceptual   Amendment   to]  Amendment   8.  He  directed  attention   to                                                      
page  21.  Lines  28 and  29  would  remain  in  the CS  as  written,  but                                                      
a  new paragraph   (4)  would  be  added.   Amendment  8,  as  amended  by                                                      
Conceptual Amendment 1, would read:                                                                                             
                                                                                                                                
      (3) the number of felony sex offenses that resulted in a                                                                  
      conviction for a crime other than a sex offense; and                                                                      
                                                                                                                                
      (4)  the  number   of  sex  offenses    referred   for  prosecution                                                       
      that  were  charged  as  a felony   and,  under  a plea  agreement,                                                       
      resulted   in  a  conviction    for  a  crime   other   than  a  sex                                                      
      offense.                                                                                                                  
                                                                                                                                
3:11:21 PM                                                                                                                    
SENATOR   MICCICHE   explained   that  a  number  of  reasons   exist  for                                                      
prosecutors   to  decide  not  to  charge  a  person  of  a  sex offense,                                                       
but  the  offender  could  be  convicted   of a  crime  other  than  a sex                                                      
offense.   However,   Alaska   ranks  number   one  in  the  country   for                                                      
sexual  assaults.   He stressed   the  importance  of  obtaining   data to                                                      
help  the   legislature   develop   laws  to  reduce   these   numbers.   A                                                     
separate   category  for  plea  agreements   could  help  [the  state]  to                                                      
better   understand   the  effect  that   plea  agreements   have  on  the                                                      
lack  of  convictions   and  how  to  identify  and  improve   the  number                                                      
of  convictions.   The  importance   of  this  has  been  highlighted   by                                                      
the  recent   high-profile    case  that   brought   this  to   light,  he                                                      
said.                                                                                                                           
                                                                                                                                
CHAIR  HUGHES  said  she  appreciated   this since  it  may  help  close  a                                                     
loophole.                                                                                                                       
                                                                                                                                
SENATOR   SHOWER   said  his   question   was  not  answered.    He  asked                                                      
whether   the  two  or three   other  categories   previously   mentioned                                                       
should  also  be  added  or if  Conceptual  Amendment   1 to  Amendment   8                                                     
will  capture  the  needed  data.   He was  unsure  if  it was  necessary                                                       
to  break   the  categories   out   further   for  the  fidelity   of  the                                                      
data.                                                                                                                           
                                                                                                                                
MS.   SCHROEDER   asked   whether   he   was  referring    to  the   other                                                      
categories in Section 29.                                                                                                       
                                                                                                                                
SENATOR   SHOWER   answered   no.   He  recalled   that   in  a  previous                                                       
discussion     the   committee     rattled    off   about    four    other                                                      
categories.    However,    he    did   not   specifically     recall   the                                                      
categories.                                                                                                                     
                                                                                                                                
MS.  SCHROEDER   offered   her  belief  that  the  CSSB   35,  Version  U,                                                      
with   Conceptual   Amendment   [1   to  Amendment   8],   would   capture                                                      
everything    necessary,     including    trial    and   non-trial    plea                                                      
agreements.                                                                                                                     
                                                                                                                                
SENATOR   SHOWER   said   he   wanted   to  be   sure  it   captures   the                                                      
necessary data.                                                                                                                 
                                                                                                                                
3:13:31 PM                                                                                                                    
CHAIR   HUGHES   removed   her   objection.   There   being   no   further                                                      
objection, Conceptual Amendment 1 to Amendment 8 was adopted.                                                                   
                                                                                                                                
CHAIR  HUGHES   said  that  brings   Amendment   8,  as  amended,   before                                                      
the   committee.    There   being   no   objection,    Amendment    8,  as                                                      
amended, was adopted.                                                                                                           
                                                                                                                                
3:13:56 PM                                                                                                                    
CHAIR   HUGHES   moved    to  adopt    Amendment   9,   work   order   31-                                                      
GS1873\U.19, Radford, 3/15/19.                                                                                                  
                                                                                                                                
                           AMENDMENT 9                                                                                      
                                                                                                                                
      OFFERED IN THE SENATE                         BY SENATOR REINBOLD                                                         
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
                                                                                                                                
      Page 13, line 11, following "resources":                                                                                  
            Insert ", including the Council on Domestic                                                                         
      Violence   and  Sexual   Assault,   the   Alaska   Network   on                                                           
      Domestic   Violence   and  Sexual   Assault,   the  Office   of                                                           
      Victims'   Rights,  and   the  Violent  Crimes   Compensation                                                             
      Board"                                                                                                                    
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
3:14:24 PM                                                                                                                    
SENATOR   REINBOLD   explained   that   Amendment   9  would  direct   the                                                      
[Department   of  Corrections]    to include   the  Council   on Domestic                                                       
Violence   and   Sexual   Assault,   the  Alaska   Network   on  Domestic                                                       
violence   and Sexual   Assault,  the  Office  of  Victims'   Rights,  and                                                      
the  Violent  Crimes   Compensation   Board  to  provide  clarity   and be                                                      
more victim-focused in the bill.                                                                                                
                                                                                                                                
3:14:42 PM                                                                                                                    
CHAIR HUGHES removed her objection. There being no further                                                                      
objection. Amendment 9 was adopted.                                                                                             
                                                                                                                                
3:15:12 PM                                                                                                                    
SENATOR REINBOLD moved to adopt Amendment 10, work order 31-                                                                    
GS1873\U.2, Radford, 3/14/19.                                                                                                   
                                                                                                                                
                              AMENDMENT 10                                                                                  
                                                                                                                                
                                                                                                                                
 OFFERED IN THE SENATE                         BY SENATOR KIEHL                                                                 
            TO:  CSSB 35(JUD), Draft Version "U"                                                                                
                                                                                                                                
                                                                                                                                
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      Page 13, following line 27:                                                                                               
      Insert a new bill section to read:                                                                                        
         "*  Sec.  22. AS  12.63.010  is  amended  by  adding  a new                                                        
      subsection to read:                                                                                                       
            (g)  Notwithstanding the requirement to register                                                                    
      under  this  section,  a  sex offender   or child  kidnapper,                                                             
      as  that   term  is  defined   in  AS  12.63.100(6)(B),    may                                                            
      petition   the  department   for  removal   from  the  central                                                            
      registry  of  sex  offenders   and  child  kidnappers   and  to                                                           
      be  exempt   from   the  registration    requirements    under                                                            
      this  section.   The department   shall   grant  the  petition                                                            
      if  the   petitioner   submits    proof  acceptable    to  the                                                            
      department   that  the facts  underlying   the  conviction   in                                                           
      another  jurisdiction    do  not  constitute   a  sex  offense                                                            
      or  child  kidnapping   in  this  state.  When   the  petition                                                            
      is  granted,    the   department   shall   remove    from  the                                                            
      central  registry   information   about  the sex  offender   or                                                           
      child kidnapper as provided in AS 18.65.087(d)(4)."                                                                       
                                                                                                                                
      Renumber the following bill sections accordingly.                                                                         
                                                                                                                                
      Page 15, line 14, following "section":                                                                                
            Insert "and of the procedure to petition for                                                                    
      removal from the central registry"                                                                                    
                                                                                                                                
      Page 15, line 23, following "occurred":                                                                                   
            Insert ";                                                                                                       
                 (3)  procedures to remove a sex offender or                                                                
      child    kidnapper,    as    that   term    is   defined     in                                                       
      AS 12.63.100(6)(B),    from   the  central   registry  of  sex                                                        
      offenders and child kidnappers"                                                                                       
                                                                                                                                
      Page 17, following line 28:                                                                                               
            Insert new bill sections to read:                                                                                   
         "* Sec. 26. AS 18.65.087(d) is amended to read:                                                                    
            (d)  The Department of Public Safety                                                                                
                 (1)  shall adopt regulations to                                                                                
                 (A)  allow a sex offender or child kidnapper                                                                   
      to review   sex offender   or child  kidnapper   registration                                                             
      information   that  refers  to  that  sex  offender  or  child                                                            
      kidnapper,   and  if the  sex  offender   or child  kidnapper                                                             
      believes   the information    is inaccurate   or  incomplete,                                                             
      to  request  the  department   to  correct  the  information;                                                             
      if  the department   finds   the information    is inaccurate                                                             
      or   incomplete,    the    department    shall    correct    or                                                           
      supplement the information;                                                                                               
                 (B)    ensure   the  appropriate   circulation    to                                                           
      law  enforcement   agencies   of  information    contained   in                                                           
      the central registry;                                                                                                     
                 (C)    ensure  the  anonymity   of members   of the                                                            
      public who request information under this section;                                                                        
                 (2)     shall   provide   to  the   Department    of                                                           
      Corrections   and  municipal  police  departments   the  forms                                                            
      and  directions   necessary   to   allow  sex  offenders   and                                                            
      child kidnappers to comply with AS 12.63.010;                                                                             
                 (3)   may  adopt  regulations   to  establish  fees                                                            
      to  be charged   for  registration   under  AS  12.63.010  and                                                            
      for  information    requests;    the  fee   for  registration                                                             
      shall  be based  upon  the  actual  costs  of  performing  the                                                            
      registration   and  maintaining   the  central   registry  but                                                            
      may  not  be   set  at  a  level   whereby   registration    is                                                           
      discouraged;   the   fee  for  an  information    request  may                                                            
      not be greater than $10;                                                                                                  
                 (4)    shall  remove  from  the  central   registry                                                            
      of  sex   offenders    and  child   kidnappers    under   this                                                            
      section   information    about   a  sex  offender    or  child                                                            
      kidnapper                                                                                                                 
                 (A)         required      to     register     under                                                        
      AS 12.63.020(a)(2)    at the  end  of the  sex  offender's   or                                                           
      child  kidnapper's   duty  to  register  if  the  offender   or                                                           
      kidnapper    has   not  been   convicted    of   another   sex                                                            
      offense   or   child   kidnapping    and   the   offender    or                                                           
      kidnapper     has   supplied     proof    of    unconditional                                                             
      discharge acceptable to the department;                                                                                   
                 (B)     who  has   successfully    petitioned   the                                                        
      Department   of  Public   Safety   to  be  removed   from  the                                                        
      central  registry   of sex  offenders   and child  kidnappers                                                         
      under    AS 12.63.010(g)     [IN    THIS    PARAGRAPH,    "SEX                                                        
      OFFENSE"   AND   "CHILD   KIDNAPPING"    HAVE   THE   MEANINGS                                                            
      GIVEN IN AS 12.63.100].                                                                                                   
         * Sec. 27. AS 18.65.087 is amended by adding a new                                                                   
      subsection to read:                                                                                                       
            (j) In this section, "sex offense" and "child                                                                       
      kidnapping" have the meanings given in AS 12.63.100."                                                                     
                                                                                                                                
      Renumber the following bill sections accordingly.                                                                         
                                                                                                                                
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      Page 23, following line 10:                                                                                               
            Insert a new subsection to read:                                                                                    
            "(d)  AS 12.63.010(g), enacted by sec. 22 of this                                                                   
     Act, applies to the duty to register as a sex offender                                                                     
         for offenses committed before, on, or after the                                                                        
      effective date of sec. 22 of this Act."                                                                                   
                                                                                                                                
CHAIR   HUGHES    objected   for   the   purpose   of   discussion.    She                                                      
indicated   that  Amendment   10  was  Senator  Kiehl's   amendment.   She                                                      
asked him to speak to Amendment 10.                                                                                             
                                                                                                                                
3:15:22 PM                                                                                                                    
SENATOR  KIEHL  explained   that  Amendment  10  is  designed  to  address                                                      
the  issue  where   sex  offenders   convicted  in  other   jurisdictions                                                       
are  required   to  register    in  Alaska,   but  the  crime   they  were                                                      
convicted   of  is  not  considered    a  registerable   sex  offense   in                                                      
Alaska.   If  the   person   can  demonstrate    to  the   Department   of                                                      
Public  Safety  that  the  crime  that  the person   was convicted   of in                                                      
another   state   is  not  a  crime   in  Alaska,   the   department   can                                                      
remove   the   individual's    name   off   the  registry.    He   further                                                      
explained   the  process,   such  that  the   individual   would  need  to                                                      
petition   the department   and  provide   proof  that  is acceptable   to                                                      
the  department.   The state  would  maintain   its  constitutional   duty                                                      
to  write  Alaska's  laws,  but  still  capture   everyone  who  has  been                                                      
convicted of crimes that are considered sex crimes in Alaska.                                                                   
                                                                                                                                
3:16:39 PM                                                                                                                    
CHAIR  HUGHES   expressed   concern   that  the  full  faith   and  credit                                                      
clause   in  the  U.S.  Constitution    requires   states   to  honor  the                                                      
judgments   of other   states.  She  asked  whether  Alaska   would  honor                                                      
the  judgement   or  conviction   in  another   state  for  a  sex  crime.                                                      
For  instance,    Alaska   honors  the   domestic   violence   protective                                                       
orders   from   other   states   even   if  the   orders   do  not   align                                                      
identically with Alaska law.                                                                                                    
                                                                                                                                
3:17:22 PM                                                                                                                    
MS.  LARGENT   explained  that   the  full  faith  and  credit  provision                                                       
in  the  U.S.   Constitution   provides   a  foundational    way  to  view                                                      
this   proposal.   It  really   is   not  the   distinction   of   whether                                                      
Alaska   laws  match  other   states,   but  if  Alaska  will   give  full                                                      
faith  and  credit  for  a conviction,   a judgment,   of a  sex crime  in                                                      
another state.                                                                                                                  
                                                                                                                                
She  provided   an  example,   when  Francis  Scott   Key  argued  that   a                                                     
judgment   between   the  states  should   be  brought  in  as  evidence.                                                       
The  U.S.  Supreme   Court   disagreed.   Justice   [Joseph]   Story  said                                                      
this  interpretation    would  render  the  cause  "utterly   unimportant                                                       
and  illusory."  The  court  went  on  to hold  that  a judgment   that is                                                      
rendered   conclusive   must  be held  conclusive   elsewhere.   She  said                                                      
that   subsequent     case   law   has   indicated    that   is   not   an                                                      
unqualified   command.   The  courts   have  held   that  a  jurisdiction                                                       
might    go   back   and   inquire    whether    a   court   had    actual                                                      
jurisdiction.    If  not,  it  could   raise  due   process  issues.   The                                                      
court   goes   back   to   see   if  new   evidence    contradicts    that                                                      
judgment,    which   is  "reaching    back   into   the  judgment."    The                                                      
specific   language    has  been   that  states   are   not  required   to                                                      
enforce  a  law from  another   state  that is  obnoxious   to its  public                                                      
policy.   For  example,   if   enforcing   a  sex  crime   judgment   from                                                      
another   state   would   be  obnoxious   to  Alaska's    public   policy,                                                      
there  is  room  for [argument],    but unless   that  bar is  met,  under                                                      
the  U.S.  Constitution's   full  faith  and  credit  provisions,   Alaska                                                      
is  under   somewhat    of  a   directive   to   give  credit   to   those                                                      
judgments.                                                                                                                      
                                                                                                                                
3:20:35 PM                                                                                                                    
JOHN   SKIDMORE,   Division   Director,    Criminal   Division,    Central                                                      
Office,   Department    of   Law,   Anchorage,   said   the   issue   with                                                      
Amendment   10 is  that  it would  gut  the underlying   concept.   Alaska                                                      
suffers  from  one  of  the  worst  sex offense   rates  in  the country.                                                       
The  public  and  the  administration    were  concerned   when  Alaska's                                                       
statutes  were  interpreted   during  a  case  to mean  that  individuals                                                       
who  moved   to   Alaska   but  were   convicted   of   an  offense   that                                                      
required  them  to  register  as  sex  offenders  in  other  states  could                                                      
move to Alaska and not have to register as sex offenders.                                                                       
                                                                                                                                
He  said   that  what   upset   people  were   examples   of  people   who                                                      
committed   offenses    in  other   states   who  moved   to  Alaska   and                                                      
committed   sex  offenses   in Alaska.   The  intent  behind   [SB 35]  is                                                      
to  eliminate  the  incentive   for individuals   to  seek  out Alaska  to                                                      
avoid  sex  offender  registration   requirements.    The state  may  wish                                                      
to  review  and  crimes  in  other  states   that  require   sex offender                                                       
registration   but  are  not  crimes   in Alaska   and  consider  if  that                                                      
conduct  should  be  criminalized.   The  goal  is to  avoid  encouraging                                                       
sex  offenders   to come  to  Alaska  to  avoid  sex  offender  registry.                                                       
He  characterized   it as  hanging  a  sign over  Alaska's   door  saying,                                                      
"Sex offenders welcome."                                                                                                        
                                                                                                                                
MR.  SKIDMORE    said  that   Amendment   10   is  still   stricter   than                                                      
current  law.  However,   it would  require   substantial   effort  by the                                                      
Department   of  Public   Safety   to  compare   Alaska's   law  to  other                                                      
states'   laws   to  determine   the   underlying   conduct.   One   thing                                                      
pointed   out by  the  New  Mexico  Supreme   Court,  which  is  cited  in                                                      
the  Doe  case,  is that  if  you  follow  this  approach,   it relies  on                                                      
the  conduct   for  which   someone   was  convicted.   Sometimes   it  is                                                      
very  clear,  but  other   times  is not  as  clear.  For  instance,   the                                                      
New  Mexico   court  considered    whether   a person   convicted   of  an                                                      
offense  who  was  required  to  register,  had  been  convicted   using  a                                                     
plea  agreement   without  an  allocution,   meaning   the defendant   did                                                      
not  stand   up  and   recite   the  facts.   In  those   instances,   the                                                      
courts   are  left  to   compare  the   statutes   but  not  the   conduct                                                      
itself.  The  original   bill was  more  encompassing   since  it  said if                                                      
an  offender    is  required    to  register   in   another   state,   the                                                      
offender     must   also    register     in   Alaska.     The    DOL   and                                                      
administration    oppose   Amendment   10   because   it  would   gut  the                                                      
concept, he said.                                                                                                               
                                                                                                                                
3:25:06 PM                                                                                                                    
SENATOR   MICCICHE   said  that  he  cannot   support  Amendment   10.  He                                                      
reminded   members  that  the  committee   worked   on [SB  12]  to  close                                                      
the   Justin   Schneider   loophole,    because   his  crimes   were   not                                                      
considered    sexual   crimes.    The   legislature    recognized    these                                                      
actions  should  have  been  crimes.   However,  if  someone  had  come to                                                      
Alaska   who   had  recently    strangled   someone   to   the  point   of                                                      
unconsciousness    [and  done  the  things   Justin  Schneider   did],  he                                                      
would   not  be  required   to  register   in  Alaska.   He  acknowledged                                                       
that  Alaska   has  gaps,  but  some   other  states   have  done  a  very                                                      
good  job.  He said  it  does  not  work  for him  and  he did  not  think                                                      
Amendment 10 works for Alaskans.                                                                                                
                                                                                                                                
3:26:02 PM                                                                                                                    
SENATOR   KIEHL   said  that   he  was  not   concerned   with   the  U.S.                                                      
Constitution's    full  faith  and   credit  issue   since  there  is  not                                                      
any  opportunity    to   retry  the   facts   or  the  conviction.    This                                                      
simply   looks  at   whether   the  facts   would  be  registerable    sex                                                      
crimes  in  Alaska.   The  legislature   would  not  ask  the  Department                                                       
of  Public   Safety   to  judge   the  credibility    of  a  witness.   He                                                      
maintained   his  belief   that  it  is  not  a  full  faith   and  credit                                                      
issue,  but  it  relates   to the  Alaska   Constitution.   In  the  State                                                      
of  Missouri,  a  person  must  register   as a  sex  offender  if  he/she                                                      
is  a teacher  and  has  sex  with  a student,   even  if the  student  is                                                      
18  years  old. Alaska   has not  made  that  a sex  crime.  In Michigan,                                                       
consensual   sex between   people  within  the  third  degree  of  kindred                                                      
is  a registerable   sex  offense,  but  it is  not  in Alaska,  which  is                                                      
a conscious   choice,  and  not  a loophole   in Alaska.  Ultimately,   it                                                      
is  important   to look   at what   actions  constitute   a  registerable                                                       
sex  crime  in  Alaska.  He  said  that troopers   look  at  the elements                                                       
of  the offense   all day  long.  And  when they  have  a question,   they                                                      
call   the   lawyer    for   advice.   He   offered    his   belief   that                                                      
administering    this  is  straightforward.    The  presumption   is  that                                                      
sex  offenders  must  register   and the  burden  of  proof  that  it does                                                      
not  constitute    a sex   crime  in  Alaska   is  on  the  offender.   He                                                      
characterized    it  as  a  minor  adjustment   for  the   rare  cases  in                                                      
which Alaska has decided the conduct is not a crime.                                                                            
                                                                                                                                
3:28:58 PM                                                                                                                    
MR.  SKIDMORE   said  that  some  of  the  examples   do  not  track  with                                                      
Alaska's   law.  He  said  that  the  Michigan  law  talks   about  incest                                                      
in  the third  degree,   which  is criminalized   in  Alaska.  He  offered                                                      
his  belief  that  there  are some  factual   errors.  Further,  he  fails                                                      
to  identify  where  in  the  Constitution   of  the State  of  Alaska  it                                                      
shows  some  reason  that  someone   should  not  have  to register   as  a                                                     
sex   offender.    He   said   he   goes   back   to   the   government's                                                       
compelling   state  interest  to  not  encourage  sex  offenders   to move                                                      
to  Alaska   to  avoid   having   to  register   as  sex   offenders.   He                                                      
acknowledged   that   the current   law  focuses   only  on elements   and                                                      
that  his   amendment   would   have  the   department   look   at  facts.                                                      
However,   he was  also  trying   to  highlight   that  looking  at  facts                                                      
and   determining    what   are   the   facts   that   resulted    in  the                                                      
conviction    is  not   as   easy   as  one   might   think   without   an                                                      
allocution   from  the  defendant.   Absent  the  allocution,   the  state                                                      
is  left  only  with  the  elements,   which  is  the problem   the  state                                                      
faces   today.   The   issue    becomes   that   Amendment    10   is  not                                                      
achieving   that   underlying    goal   or  principle   of   discouraging                                                       
people  from  moving  to  Alaska  to avoid  sex  offender   registry  when                                                      
they  have  already  committed   sex  offenses.   Those  are  the  reasons                                                      
the department is opposed to Amendment 10.                                                                                      
                                                                                                                                
3:31:04 PM                                                                                                                    
CHAIR  HUGHES  offered   her  belief  that  Amendment   10 would  put  the                                                      
Department   of  Public   Safety  (DPS)  in  the  position   of  making   a                                                     
judgment  in  violation   of the  full  faith  and credit   clause  of the                                                      
U.S.  Constitution   by  asking  the department   whether   it will  honor                                                      
judgments   from  other  states  and  that  concerns  her.  She  said  the                                                      
compelling   interest   to  eliminate   the problem   of  Alaska  being   a                                                     
magnet  to  sex offenders   trumps  everything.   She  said  she will  not                                                      
be supporting Amendment 10.                                                                                                     
                                                                                                                                
SENATOR   KIEHL   said  the  question    of  a  plea  agreement    without                                                      
allocution,    arguably   leaves    the  offender    in  the   unenviable                                                       
position   of not  being  able  to  prove  the  facts  do  not  match  and                                                      
so  he/she  would   have  to  register.   That  is  how  Amendment   10 is                                                      
written,   he  said.  He  said  he  appreciated   Mr.  Skidmore's   talent                                                      
at   hyperbole,   but   the   State   of  Michigan's    criminal    sexual                                                      
conduct in the fourth degree is not the crime of incest.                                                                        
                                                                                                                                
3:32:27 PM                                                                                                                    
CHAIR HUGHES maintained her objection.                                                                                          
                                                                                                                                
3:32:34 PM                                                                                                                    
A  roll  call   vote  was  taken.   Senator   Kiehl  voted   in  favor  of                                                      
Amendment   10 and  Senators  Reinbold,   Micciche,   Shower,  and  Hughes                                                      
voted against it. Therefore, Amendment 10 failed by a 1:4 vote.                                                                 
                                                                                                                                
CHAIR REINBOLD moved to adopt Amendment 11.                                                                                     
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
3:33:02 PM                                                                                                                    
CHAIR  HUGHES   asked   whether  the  committee    could  continue   since                                                      
the allotted committee time was up.                                                                                             
                                                                                                                                
3:33:20 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
CHAIR   HUGHES  reconvened    the  meeting.   She  said  that   she  would                                                      
hold off on the remaining amendments.                                                                                           
                                                                                                                                
[The   committee   treated   Amendment    11  as  not   offered   at  this                                                      
time.]                                                                                                                          
                                                                                                                                
3:34:12 PM                                                                                                                    
MR.  WHITT  said  he would   review  the  action  the  committee  took  on                                                      
Amendment 8.                                                                                                                    
                                                                                                                                
[SB 35 was held in committee.]                                                                                                  

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