01/26/2022 01:30 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB183 | |
| HB51 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 51 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 183 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
January 26, 2022
2:25 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Liz Snyder, Vice Chair
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Christopher Kurka
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 183
"An Act renaming the Alaska Criminal Justice Commission the
Alaska Criminal Justice Data Analysis Commission; relating to
the membership of the Alaska Criminal Justice Data Analysis
Commission; relating to the powers and duties of the Alaska
Criminal Justice Data Analysis Commission; extending the
termination date of the Alaska Criminal Justice Data Analysis
Commission; relating to the duties of the Judicial Council;
providing for an effective date by amending the effective date
of secs. 41 and 73, ch. 1, 4SSLA 2017; and providing for an
effective date by repealing the effective date of sec. 74, ch.
1, 4SSLA 2017."
- MOVED CSHB 183(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 51
"An Act relating to aggravating factors considered at
sentencing."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 183
SHORT TITLE: CRIMINAL JUSTICE DATA ANALYSIS COMMISSION
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
04/21/21 (H) READ THE FIRST TIME - REFERRALS
04/21/21 (H) JUD, STA, FIN
05/14/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/14/21 (H) Heard & Held
05/14/21 (H) MINUTE(JUD)
05/15/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/15/21 (H) -- MEETING CANCELED --
01/21/22 (H) STA REFERRAL REMOVED
01/21/22 (H) BILL REPRINTED
01/21/22 (H) JUD AT 1:00 PM GRUENBERG 120
01/21/22 (H) Heard & Held
01/21/22 (H) MINUTE(JUD)
01/26/22 (H) JUD AT 1:30 PM GRUENBERG 120
BILL: HB 51
SHORT TITLE: AGGRAVATING FACTORS AT SENTENCING
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
04/24/21 (H) STA AT 3:00 PM GRUENBERG 120
04/24/21 (H) -- MEETING CANCELED --
05/05/21 (H) STA REFERRAL MOVED TO AFTER JUD
05/05/21 (H) BILL REPRINTED
01/21/22 (H) JUD AT 1:00 PM GRUENBERG 120
01/21/22 (H) Heard & Held
01/21/22 (H) MINUTE(JUD)
01/26/22 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
LIZZIE KUBITZ, Staff
Representative Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of the prime sponsor,
Representative Claman, presented a summary of changes on HB 183,
Version G.
KELLY GOODE, Deputy Commissioner
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Answered questions on HB 183, Version G.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, answered questions during
the hearing on HB 51.
ACTION NARRATIVE
2:25:40 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 2:25 p.m. Representatives Kurka, Drummond,
Snyder, Kreiss-Tomkins, and Claman were present at the call to
order. Representatives Vance and Eastman arrived as the meeting
was in progress.
HB 183-CRIMINAL JUSTICE DATA ANALYSIS COMMISSION
2:26:18 PM
CHAIR CLAMAN announced that the first order of business would be
HOUSE BILL NO. 183, "An Act renaming the Alaska Criminal Justice
Commission the Alaska Criminal Justice Data Analysis Commission;
relating to the membership of the Alaska Criminal Justice Data
Analysis Commission; relating to the powers and duties of the
Alaska Criminal Justice Data Analysis Commission; extending the
termination date of the Alaska Criminal Justice Data Analysis
Commission; relating to the duties of the Judicial Council;
providing for an effective date by amending the effective date
of secs. 41 and 73, ch. 1, 4SSLA 2017; and providing for an
effective date by repealing the effective date of sec. 74, ch.
1, 4SSLA 2017."
2:26:51 PM
LIZZIE KUBITZ, Staff, Representative Matt Claman, Alaska State
Legislature, on behalf of the prime sponsor, Representative
Claman, presented the summary of changes for HB 183, Version G.
She read from a prepared statement [copy included in the
committee packet], which read as follows [original punctuation
provided]:
Before we begin, I would like to provide further
clarification related to the prior hearing's
discussion about duty to design and implement a
project for the purposes of studying risk factors
related to criminal activity. This is not a new
responsibility. In 2017, in passing SB 54, the
Legislature asked the Commission to design a project
to study the risk factors associated with criminal
activity. The goal of this project was to provide
information to the Legislature to inform "the
Legislature's policy and funding decisions related to
primary crime prevention, and improving primary crime
prevention strategies in the state." With the sunset
of the Alaska Criminal Justice Commission on July 1,
2021, the commission no longer has this
responsibility. This responsibility now falls to the
Alaska Judicial Council under AS 22.20.220.
House Bill 183 returns that duty to the Alaska
Criminal Justice Data Analysis Commissionas seen in
Section 6 of Version G. Should the Alaska Criminal
Justice Data Analysis Commission sunset on June 30,
2029, House Bill 183 ensures that the Alaska Judicial
Council will again take up that responsibilityas seen
in Section 2 of Version G.
Now, moving on to the work draft CS. Per request of
the advisor, Version G:
Accounts for the sunset and termination of the Alaska
Criminal Justice Commission and related statutory
changes and enacts the Alaska Criminal Justice Data
Analysis Commission based on the prior Alaska Criminal
Justice Commission statutes.
One other related and requested change is also
included in Version G:
Sec. 4 is changed to specify that the victims' rights
advocate on the commission to be designated by the
Alaska Network on Domestic Violence and Sexual Assault
after consultation with its member and partner
organizations.
2:29:40 PM
REPRESENTATIVE SNYDER moved to adopt the proposed committee
substitute (CS) for HB 183, labeled, 32-LS0645\G, Radford,
1/22/22 ("Version G"). There being no objection, Version G was
before the committee.
CHAIR CLAMAN requested that Ms. Goode explain the attached
fiscal note.
2:31:13 PM
KELLY GOODE, Deputy Commissioner, Department of Corrections
(DOC), provided information on Version G. She explained that
the proposed [reforms] to the commission may require more data
to be analyzed by the department; however, the additional work
would not likely result in additional cost. She suggested that
a revised fiscal note may be forthcoming and cautioned the
committee that any proposed increase in work beyond the scope of
Version G would result in additional cost.
2:32:44 PM
REPRESENTATIVE EASTMAN expressed the belief that it had been a
stated goal to remove politics from the commission. He
expressed his concern over the exclusion of public input via the
governor's appointment of members. He stated that victims'
rights are an important part of the criminal justice system and
pointed out that victims of crimes other than domestic violence
and sexual assault exist. He questioned the rationale for not
including representatives of other victim groups.
2:36:05 PM
REPRESENTATIVE KURKA expressed his concern for the previous
commission and criticized the recommendations it had put forth
to develop SB 91. He stated that no remedy has been offered.
CHAIR CLAMAN, in response to the concern expressed by
Representative Eastman, stated that the inclusion of the Alaska
Network on Domestic Violence and Sexual Assault on the
commission represents other member groups and victims of other
crimes. He stated that Alaska has a "horrific" problem with
sexual assault and domestic violence, especially in rural areas.
In response to the concern expressed by Representative Kurka, he
stated that the removal of the commission's duty to provide
these recommendations led to Senate Bill 91. He continued that
SB 91 had been in response to the findings of the auditor. He
expressed the opinion that the proposed reforms to the
commission would address these concerns.
2:38:03 PM
REPRESENTATIVE SNYDER moved to report HB 183, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 183(JUD) was
reported from the House Judiciary Standing Committee.
2:38:17 PM
HB 51-AGGRAVATING FACTORS AT SENTENCING
2:38:28 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 51, "An Act relating to aggravating factors
considered at sentencing." He stated that Legislative Legal
Services has permission to make any technical or conforming
changes to the bill.
The committee took an at-ease from 2:41 to 2:43 p.m.
2:43:27 PM
REPRESENTATIVE EASTMAN expressed the intention to offer
amendments to HB 51 before the committee in a different order.
He cited the Mason's Manual of Legislative Procedure, Sections
397, 155, and 156, which dictate the order and timing in which
amendments could be considered.
2:46:14 PM
CHAIR CLAMAN offered background regarding the practice of
considering amendments in the House Judiciary Standing
Committee.
REPRESENTATIVE EASTMAN acknowledged the practice of the
committee.
CHAIR CLAMAN stated that no request for a particular order of
consideration of amendments had been made.
2:48:49 PM
REPRESENTATIVE KREISS-TOMKINS expressed that the amendments bore
sequential order assigned by Legislative Legal Services.
CHAIR CLAMAN confirmed Representative Kreiss-Tomkins's
observation as correct.
2:49:55 PM
REPRESENTATIVE EASTMAN requested to move Amendment 7 to HB 51.
CHAIR CLAMAN offered that Representative Eastman could move or
withdraw Amendments 1-6.
2:50:38 PM
REPRESENTATIVE EASTMAN moved to appeal the ruling of the chair
regarding the order in which amendments could be considered.
A roll call vote was taken. Representatives Drummond, Snyder,
Kreiss-Tomkins, and Claman voted in favor of upholding the
ruling of the Chair. Representatives Kurka, Vance, and Eastman
voted against it. Therefore, the ruling of the Chair was upheld
by a vote of 4-3.
2:51:39 PM
REPRESENTATIVE EASTMAN moved Amendment 1 to HB 51, labeled, 32-
LS0325\A.1, Radford, 1/24/22, which read as follows:
Page 1, line 3, through page 6, line 12:
Delete all material and insert:
"* Section 1. AS 12.55.155(c)(22) is repealed."
Page 6, line 15:
Delete "AS 12.55.155(c), as amended by sec. 1 of
this Act,"
Insert "The repeal of AS 12.55.155(c)(22) by sec.
1 of this Act"
REPRESENTATIVE KREISS-TOMKINS objected.
REPRESENTATIVE EASTMAN explained that Amendment 1 would repeal
Section 1.
2:53:04 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor of HB 51, expressed strong opposition to the
proposed amendment. He stated that, if adopted, a scenario
could occur in which an individual could intentionally hurt
another who was disabled, or because of the individual's faith,
with impunity. He stated that only three other states have
similar legislation.
REPRESENTATIVE KURKA asked whether the bill proposed aggravating
factors which could increase sentencing of certain crimes, and
he asked how the crimes described by Representative Josephson
would be committed with impunity.
REPRESENTATIVE JOSEPHSON answered that a person could target one
of the listed cohorts openly and transparently, and a judge
would be obligated to give the presumptive sentence, unless
there exist other aggravators.
REPRESENTATIVE EASTMAN asked whether the proposed bill would not
criminalize new conduct.
REPRESENTATIVE JOSEPHSON answered that he had previously
testified that HB 51 would not criminalize new conduct.
REPRESENTATIVE EASTMAN expressed the belief that "locking people
up for longer" is not necessarily a solution, and the amendment
supports this. He withdrew Amendment 1.
2:56:23 PM
REPRESENTATIVE EASTMAN moved Amendment 2 to HB 51, labeled, 32-
LS0325\A.2, Radford, 1/24/22, which read as follows:
Page 4, line 7:
Delete "or national origin"
Insert "[OR] national origin, or political
affiliation; in this paragraph, "political
affiliation" includes belonging to a political party,
endorsing a political party, or attending a political
event"
REPRESENTATIVE SNYDER objected.
REPRESENTATIVE EASTMAN expressed concern that individuals are
not able to freely express political affiliations and beliefs
without retaliation. He suggested that political affiliation
should be listed as a class protected against hate crimes.
REPRESENTATIVE KURKA referred to previous testimony by Ms.
Willis as a victim, during the House Judiciary Standing
Committee meeting on January 21, 2022. He questioned whether
the victim's political activism had been the basis of the
attack.
REPRESENTATIVE JOSEPHSON explained that three separate violent
attacks had occurred against Ms. Willis. He expressed
disagreement with the suggestion that the crimes were
politically motivated. He expressed the opinion that the
attacks were a result of her planning the Pride in the Park
event.
REPRESENTATIVE KURKA expressed disagreement with Representative
Josephson's characterization of the crime being motivated by the
victim's sexual orientation, rather than the potential for
political motivation.
3:00:39 PM
REPRESENTATIVE VANCE asked whether a crime could be committed
against individuals who did not identify as a member of the
lesbian, gay, bisexual, and transexual (LGBT) community, but who
had participated in advocacy and events on behalf of that
community. She asked whether there exists data regarding such
individuals.
REPRESENTATIVE JOSEPHSON expressed the understanding that the
crime committed against Ms. Willis had been motivated by her
sexual orientation. He argued that had she identified as
straight, she may not have suffered the attack. He stated that
the law would not consider whether an individual was a member of
the LGBT community, only that the perpetrator thought that the
individual was.
REPRESENTATIVE VANCE asked whether Representative Josephson was
familiar with any crime committed against someone based on the
perception of the victim's sexual orientation.
REPRESENTATIVE JOSEPHSON commented that, if there is evidence
the defendant had knowledge of the victim being sympathetic to
the civil rights of an LGBT member, but the victim is not a
member of the LGBT community, then it would not be categorized
as a hate crime under the proposed bill. He added that other
aggravating factors could be found to exist.
3:04:00 PM
CHAIR CLAMAN offered that social activists are not necessarily
representing any political party, but rather a perspective on a
social issue.
REPRESENTATIVE KURKA moved Conceptual Amendment 1 to Amendment
2, such that, beginning on line 4, following each reference to
the word "party" insert the words "or ideology" before the
comma.
REPRESENTATIVE EASTMAN asked whether the conceptual amendment
would imply an endorsement of an individual's political
ideology.
REPRESENTATIVE KURKA revised Conceptual Amendment 1 to Amendment
2, such that, beginning on line 5 following "solely", the second
reference to the word "party" and insert the words "or ideology"
before the comma.
REPRESENTATIVE SNYDER objected to Conceptual Amendment 1 to
Amendment 2.
REPRESENTATIVE JOSEPHSON stated that, to his knowledge, the only
state that has legislation protecting political ideology is
Iowa. He postulated that the lack of other existing legislation
like this exists because there is no evidence of a problem.
3:10:12 PM
CHAIR CLAMAN cautioned that the language endorsing "a political
party or ideology" could be interpreted by the court as vague or
ambiguous, and this could lead to enforcement issues.
REPRESENTATIVE KURKA shared a personal story of discrimination
he experienced because of his participation in a political
rally.
3:12:49 PM
A roll call vote was taken. Representatives Eastman, Kurka, and
Vance voted in favor of Conceptual Amendment 1 to Amendment 2.
Representatives Drummond, Snyder, Kreiss-Tomkins, and Claman
voted against it. Therefore, Conceptual Amendment 1 to
Amendment 2 failed by a vote of 3-4.
3:14:06 PM
REPRESENTATIVE KURKA expressed his support for Amendment 2.
REPRESENTATIVE KREISS-TOMKINS suggested that the experience
shared by Representative Kurka had not been an experience of a
violent crime, and he expressed his dismay at the comparison of
the two experiences being discussed as similar.
REPRESENTATIVE SNYDER concurred.
CHAIR CLAMAN expressed opposition to Amendment 2.
REPRESENTATIVE EASTMAN expressed his dismay at the lack of data
supporting the existence of political violence. He suggested
that it remains to be an important matter.
3:17:02 PM
A roll call vote was taken. Representatives Eastman, Kurka, and
Vance voted in favor of Amendment 2. Representatives Kreiss-
Tomkins, Drummond, Snyder, and Claman voted against it.
Therefore, Amendment 2 failed by a vote of 3-4.
[HB 51 was held over.]
3:18:59 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:19 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 183 Work Draft Committee Substitute v. G 1.22.2022.pdf |
HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Sectional Analysis v. G 1.26.2022.pdf |
HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Supporting Document - Criminal Justice Taskforce Recommendation 12.3.2020.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Additional Document - A Sunset Review of the Office of the Governor, Alaska Criminal Justice Commission 6.12.2020.2020 |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Supporting Document - Alaska Native Justice Center Letter 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Supporting Document - Alaska Mental Health Trust Authority Letter 1.25.2022.pdf |
HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note DOH-BHA 1.14.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note DOC-R&R 1.15.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note JUD-AJC 1.18.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note JUD-ACS 1.25.2022.pdf |
HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 51 v. A 2.18.2021.PDF |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM HJUD 1/28/2022 1:30:00 PM HJUD 1/31/2022 1:00:00 PM |
HB 51 |
| HB 51 Sponsor Statement v. A 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM HJUD 1/28/2022 1:30:00 PM HJUD 1/31/2022 1:00:00 PM |
HB 51 |
| HB 51 Supporting Document - Peninsula Clarion Article 12.26.2019.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Alaska Public Media Article 12.30.2019.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Washington Blade Article 11.20.2019.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Peninsula Clarion Article 1.4.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Soldotna City Council Resolution 1.22.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Kenai City Council Resolution 2.5.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Kenai Peninsula Borough Resolution 2.25.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - City of Soldotna Resolution 5.12.2021.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - FBI Hate Crimes Reports (2015-2019) 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - 2021 HRC Hate Crimes Law Map 7.19.2021.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - 2021 NCSL Hate Crime Related State Statutes 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Letters Received by 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Fiscal Note CRIM-CJL 1.14.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM HJUD 1/28/2022 1:30:00 PM HJUD 1/31/2022 1:00:00 PM |
HB 51 |
| HB 51 PowerPoint Presentation 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 v. A Amendments #1-10 HJUD 1.26.2022.pdf |
HJUD 1/26/2022 1:30:00 PM HJUD 1/28/2022 1:30:00 PM HJUD 1/31/2022 1:00:00 PM |
HB 51 |
| HB 183 Testimony - Received by 1.25.2022.pdf |
HJUD 1/26/2022 1:30:00 PM |
HB 183 |