Legislature(2023 - 2024)ADAMS 519
05/01/2024 08:30 AM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 68 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
May 1, 2024
8:32 a.m.
8:32:07 AM
[Note: Meeting continued from 4/30/24 1:30 p.m. See
separate minutes for detail.]
CALL TO ORDER
Co-Chair Foster called the House Finance Committee meeting
to order at 8:32 a.m.
MEMBERS PRESENT
Representative Bryce Edgmon, Co-Chair
Representative Neal Foster, Co-Chair
Representative DeLena Johnson, Co-Chair
Representative Julie Coulombe
Representative Mike Cronk
Representative Alyse Galvin
Representative Sara Hannan
Representative Andy Josephson
Representative Dan Ortiz
Representative Will Stapp
Representative Frank Tomaszewski
MEMBERS ABSENT
None
ALSO PRESENT
Angie Kemp, Director, Criminal Division, Department of Law;
Kate Tallmadge, Assistant Attorney General, Department of
Law.
PRESENT VIA TELECONFERENCE
Kelly Manning, Deputy Director, Division of Innovation and
Education Excellence, Department of Education and Early
Development; Sylvan Robb, Director, Division of
Corporations, Business, and Professional Licensing,
Department of Commerce, Community and Economic Development.
SUMMARY
HB 68 CRIME OF SEX/HUMAN TRAFFICKING
HB 68 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the meeting agenda. He relayed
that the committee would return to public testimony, which
was left open during the House Finance Committee meeting on
April 30, 2024, at 1:30 p.m.
HOUSE BILL NO. 68
"An Act relating to sex trafficking; establishing the
crime of patron of a victim of sex trafficking;
relating to the crime of human trafficking; relating
to prostitution; relating to sentencing for sex
trafficking, patron of a victim of sex trafficking,
and human trafficking; establishing the process for
vacating judgments for certain convictions of
prostitution and misconduct involving a controlled
substance; relating to the Council on Domestic
Violence and Sexual Assault; relating to permanent
fund dividends for certain individuals whose
convictions are vacated; and providing for an
effective date."
8:34:36 AM
KELLY MANNING, DEPUTY DIRECTOR, DIVISION OF INNOVATION AND
EDUCATION EXCELLENCE, DEPARTMENT OF EDUCATION AND EARLY
DEVELOPMENT (via teleconference), reviewed the fiscal
impact note by Department of Education and Early
Development (DEED) with a control code of WQkgO. The
department indicated that there would be a $6,000 fiscal
impact in order to update the regulations that would be
required by the bill, including the revocation and
suspension of professional licenses based off of the crimes
added in the bill.
Co-Chair Foster invited representatives from the Department
of Law (DOL) to go through the sectional analysis.
8:36:01 AM
ANGIE KEMP, DIRECTOR, CRIMINAL DIVISION, DEPARTMENT OF LAW,
introduced herself.
KATE TALLMADGE, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW, read the sectional analysis (copy on file):
Section 1. This section makes a conforming change to
reflect the amendments made in section 32.
Sections 2 - 29. Sections 2 29 amend the
professional licensing statutes to require the
licensing boards to not issue or revoke the licenses
of athletic trainers, private professional
conservators and guardians, professional counselors,
massage therapists, marital and family therapists,
physicians, osteopaths, podiatrists, direct-entry
midwives, nurses, pharmacists, psychologists, and
psychological associates and clinical social workers
who have been convicted of sex trafficking in the
first through third degrees or being a patron of a
victim of sex trafficking as enacted in the bill.
Section 30. This section makes confidential
communications between a victim of sex trafficking and
a victim counselor privileged.
Section 31. This section makes a conforming change to
reflect the amendments made in section 32.
Section 32. This section enacts a new offense series:
sex trafficking in the first, second, and third
degrees. In essence, a person is guilty of sex
trafficking in the first degree (unclassified sex
felony) if the person uses force or the threat of
force to coerce someone to engage in a commercial
sexual acts or traffics a person under the age of 21
or who is in the person's legal custody.
A person is guilty of sex trafficking in the second
degree (class A sex felony) if the person induces or
causes another person to engage in commercial sexual
acts.
Sex trafficking in the first and second degrees would
be sentenced under the enhanced penalties for sexual
felonies and the person would be required to register
as a sex offender.
A person is guilty of sex trafficking in the third
degree if the person provides resources in furtherance
of the commission of sex trafficking. Sex trafficking
in the third degree is a class B felony if the value
of the resources provided in furtherance of
trafficking is $200 or more or a class C felony if the
value of the resources is less than $200. Sex
trafficking in the third degree is sentenced as a
class B or C sex felony and is not a registerable sex
offense.
This section also enacts the new crime of "patron of a
victim of sex trafficking." A person is guilty of
being a patron of a victim of sex trafficking if they
solicit commercial sexual acts with reckless disregard
that the person they are soliciting is a victim of sex
trafficking, or if they solicit sexual acts from a
person under the age of 18. If the person solicited is
under 18 years of age, this offense will be a class B
sex felony. If the person solicited is an adult, this
offense will be a class C sex felony. This crime would
be sentenced under the enhanced penalties for sexual
felonies and the person would be required to register
as a sex offender.
8:39:53 AM
Ms. Tallmadge continued reviewing the sectional:
Section 33. This section amends the crime of human
trafficking in the first degree to be an unclassified
felony when the person induces or causes a person to
engage in adult entertainment or labor through the use
of force against the victim or if the victim is under
the age of 21.
Section 34. This section denotes that human
trafficking in the first degree is an unclassified
Felony.
Section 35. This section amends human trafficking in
the second degree to include situations in which the
person induces or causes another person to engage in
adult entertainment or labor by
(1) exposing or threatening to expose
confidential information or a secret, whether
true or false, tending to subject a person to
hatred, contempt, or ridicule;
(2) destroying, concealing, or threatening to
destroy or conceal an actual or purported
passport or immigration document or another
actual or purported identification document of
any person;
(3) threatening to report a person to a
government agency for the purpose of arrest or
deportation;
(4) threatening to collect a debt;
(5) instilling in another person a fear that the
actor will withhold from any person lodging,
food, clothing, or medication;
(6) providing or withholding controlled
substances from the person; or
(7) deceiving the victim.
Under this section, human trafficking in the second
degree is a class A felony.
8:41:36 AM
Co-Chair Johnson asked what changes were made by the House
Judiciary Committee.
Ms. Tallmadge responded that the judiciary committee added
the requirement that any professional licenses held by
perpetrators of sex trafficking would be revoked. The
change appeared in Sections 2 through 29.
Representative Galvin asked if the professional licenses
held by individuals found to be guilty of sex trafficking
would be revoked for the individual's entire life or would
the individual be eligible to apply for the license again
in the future.
8:43:11 AM
SYLVAN ROBB, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS,
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT, JUNEAU (via
teleconference), responded that the revocation of a license
was permanent.
Representative Galvin understood that sex trafficking in
the first degree to third degree or being a patron of a
victim of trafficking would fall under the regulations of
the bill. She asked if the following would be considered a
crime in the first degree through third degree: an
individual paid a sex worker over $200 for a sex act and
did not know that the worker was a victim of sex
trafficking.
Ms. Kemp responded that it would depend upon the mental
state of the individual soliciting the worker. The
department would be required to provide evidence of a
reckless mental state in order to prosecute the crime.
Representative Galvin thought that she needed to learn more
about the topic.
8:45:25 AM
Representative Josephson asked if Alaska's laws relating to
sex trafficking were similar to other unclassified felonies
in terms of lifetime revocation of licenses.
Ms. Kemp responded that she would defer to Ms. Robb on the
licensing questions.
Ms. Robb asked Representative Josephson to repeat the
question.
Representative Josephson asked if the other felonies also
required the revocation of licensure for all of the
professional classes impacted under HB 68. He wondered
whether a person who committed a murder or rape would lose
their osteopathic license or midwife license for life, for
example.
Ms. Robb responded that each profession had its own
barriers. There were few situations in which licenses were
revoked for life. She would be happy to follow up with
information on the situations in which licenses would be
permanently revoked.
Representative Josephson asked if being found guilty of sex
trafficking was worse for an individual's professional
future than being found guilty of murder.
Ms. Robb responded that it would depend upon the
profession. She explained that background checks were not
collected for all professions; however, most professions
asked job applicants about any potential criminal
convictions. She reiterated that there was no answer that
applied to all professions.
8:48:25 AM
Ms. Tallmadge continued reviewing the sectional:
Section 37. This section clarifies that the crime of
coercion is only to be used if the sex trafficking or
human trafficking elements are not present.
Section 38. This section enacts a new offense series:
prostitution in the first through fourth degrees.
Prostitution in the First Degree: A person commits
prostitution in the first degree if the person
manages, supervises, or controls a prostitution
enterprise or place of prostitution. Prostitution in
the first degree is a class B felony.
Note: managing, supervising, or controlling a
prostitution enterprise or place of prostitution is
currently criminalized as sex trafficking in the
second (AS 11.66.120) and third degrees (AS
11.66.130). In addition, the definition of "fee" in
"place of prostitution" excludes payment for
reasonably apportioned shared expenses of a residence
thereby exempting sex workers who live together and
operate out of their residence.
Prostitution in the Second Degree: A person commits
the crime of prostitution in the second degree if, in
the previous five years, the person has been convicted
two or more times of prostitution in the third degree
(offering a fee in exchange for sexual conduct).
Prostitution in the second degree is a class C felony.
Prostitution in the Third Degree: A person commits the
crime of prostitution in the third degree if the
person offers a fee in exchange for sexual conduct.
Prostitution in the third degree is a class A
misdemeanor.
Prostitution in the Fourth Degree: A person commits
the crime of prostitution in the fourth degree if the
person engages in, agrees, or offers to engage in
sexual conduct in return for a fee. Prostitution in
the fourth degree is a class B misdemeanor.
This section is a conforming change which references
the new sex trafficking statutes in the prostitution
statute.
Section 39. This is a conforming change to the changes
made in sec. 38.
Section 40 41. These sections define "place of
prostitution" and "fee."
Sections 42 and 43. These sections make conforming
changes related to the amendments made in section 32 -
36.
Section 44. This section adds the definitions that
apply to the sex trafficking statutes and the human
trafficking statutes to the general definition statute
in Title 11 (AS 11.81.900).
Section 45. This section establishes that there is no
statute of limitations for sex trafficking and human
trafficking in the first and second degrees. However,
the statute of limitations for sex trafficking in the
third degree and human trafficking in the third degree
is ten years.
Section 46. This section makes conforming changes
reflecting the amendments to sex trafficking and human
trafficking.
Section 47. This section makes confidential
communications between a victim of sex trafficking and
a victim counselor privileged.
Sections 48. This section adds a new provision to the
statute that lays out the types of sanctions that can
be imposed for a criminal offense to include that a
court shall revoke a business license of a person who
is convicted of sex trafficking or human trafficking
if the person used the business in furtherance of the
offense.
Section 49. This section makes conforming changes to
the statue relating to fines reflecting the changes
made to the sex trafficking and human trafficking
statutes.
Section 50. This section amends the statute relating
to a suspended entry of judgment to prohibit a person
who has been charged with sex or human trafficking or
prostitution in the first or second degree from being
eligible for a suspended entry of judgment.
Section 51. This section amends the statute relating
to a suspended imposition of sentence to prohibit a
person who has been charged with sex or human
trafficking or prostitution in the first or second
degree from being eligible for a suspended imposition
of sentence.
Section 52. This section establishes that human
trafficking, as an unclassified felony, will be
sentenced between 5 and 99 years.
Section 53. This section amends AS 12.55.125(i) (the
sex offense sentencing statutes) incorporating the new
sex trafficking statutes and patron of a victim of sex
trafficking statute. This ensures that these offenses
will be subject to the higher sentences associated
with sex offenses. This section also corrects an error
in the citation of unlawful exploitation of a minor
under AS 11.41.455(c)(1) and indecent viewing of a
picture under AS 11.61.123.
Section 54. This section establishes mandatory minimum
terms of imprisonment for repeat patrons of sex
workers. Upon the second conviction with five years,
the person will be subject to a class A misdemeanor
with a mandatory minimum of 72 hours to serve.
Section 55. This section makes conforming changes to
the definition of "most serious felony" reflecting the
new sex trafficking statutes.
Section 56. This section adds sex trafficking and
patron of a victim of sex trafficking to the
definition of "sexual felony" and corrects the
citation to indecent viewing of a picture under AS
11.61.123.
Sections 57 and 58. These sections extend the
protections offered to victims of sex offenses in
regards to how they are interviewed by the defense to
victims of all registerable sex offenses.
Sections 59-60. These sections amend the prohibition
on publishing of the name of a victim of a sexual
offense in public court documents to include victims
of all registerable sex offenses. The victim will be
instead identified by initials.
8:53:29 AM
Ms. Tallmadge continued reviewing the sectional:
Section 61. This section amends the definition of
"serious offense" to reflect the changes made to the
prostitution statutes.
Section 62. This section amends the definition of "sex
offense" in AS 12.66 to include sex trafficking in the
first and second degrees as well as patron of a victim
of sex trafficking.
Section 63. This section establishes a process whereby
a person who has been convicted of prostitution can
get that conviction vacated if they are able to show
that they were a victim of sex trafficking at the time
that they committed the offense. If the conviction is
vacated, the court system may not publish records
relating to the conviction on CourtView nor may the
Department of Public Safety release that information
as part of an employment background check.
Section 64 and 67 - 71. These sections incorporate
education on sex and human trafficking into any
education provided to students on sexual abuse, sexual
assault, and dating violence.
Section 65. This section requires a person seeking a
teaching certificate to receive training of sex and
human trafficking.
Section 66. This section requires the revocation of a
person's teaching certificate if they have been
convicted of sex trafficking.
Section 72. This section prohibits a person who has
been convicted of sex trafficking or being a patron of
a victim of sex trafficking from being a teacher at a
religious or other private school.
Representative Galvin understood that the teaching
profession had its own separate clause; however, Sections 2
through 29 related to licensing and teachers' licenses were
not included. She thought that teaching licenses would be
included and asked for more information.
Ms. Tallmadge deferred the question to Ms. Manning.
Co-Chair Foster noted that Ms. Manning was no longer online
and discerned that there was no one else available from
DEED to speak to the question.
Representative Galvin suggested that her question could be
covered at a later date. She had noticed that teaching was
not identified in the list of license types in the bill.
She was uncertain whether the exclusion was purposeful and
wanted to highlight it.
8:56:49 AM
Ms. Tallmadge continued reading the sectional:
Section 73. This section makes a conforming change to
the statute which allows for some privileged
information to be disclosed. Specifically, if the
victim of sex trafficking has been charged with a
crime under AS 11.41 against a minor or where the
physical, mental, or emotional condition of the victim
is raised as a defense of the victim.
Section 74 78. These sections make conforming
amendments to extend the protections on privileged
communications for victims of sexual assault and
domestic violence to victims of sex trafficking.
Section 79. This section amends the definition of
"crisis intervention and prevention program" to
include programs that provide information, education,
counseling, and referral services to individuals
experiencing a crisis related to sex trafficking.
Section 80 81. These sections amend the statutes
relating to the Violent Crimes Compensation Board to
include victims of sex trafficking.
Section 82. This section allows the public defender to
represent a person who is petitioning for a vacation
of judgement.
Section 83. This section makes conforming changes to
the statute relating to the licensing of school bus
drivers to reflect the changes made to the sex
trafficking and prostitution statutes and to
incorporate the new crime of patron of a victim of sex
trafficking.
Sections 84 and 85. These sections make conforming
changes referencing the changes made to the sex
trafficking and prostitution statutes.
Section 86. This section makes a person who has had
their conviction for prostitution vacated eligible for
a permanent fund dividend.
Section 87. This section authorizes administrative
subpoenas for sex trafficking in the first, second,
and third degrees. Sections 88 - 91. These sections
make conforming changes referencing the changes made
to the sex trafficking statutes.
Section 92. This section is the repealer section.
Section 93. This section is the applicability section.
The majority of this bill will apply to offenses
occurring on or after the effective date.
Section 95. This section makes the sections relating
to sex trafficking education effective January 1,
2024.
Section 96. This section makes the remainder of the
bill effective July 1, 2023.
Ms. Tallmadge noted that the effective dates would need to
be amended.
8:58:55 AM
Co-Chair Foster CLOSED public testimony.
HB 68 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the agenda for the following
meeting.
ADJOURNMENT
9:00:34 AM
The meeting was adjourned at 9:00 a.m.
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