Legislature(2021 - 2022)GRUENBERG 120

04/15/2022 01:00 PM House JUDICIARY

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01:07:30 PM Start
01:08:18 PM Confirmation Hearings Alaska Police Standards Council
01:38:00 PM HB5
02:04:57 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor’s Appointees: Alaska TELECONFERENCED
Police Standards Council; Jeff Brown, Michael
Craig, David Knapp and David Ross
-- Public Testimony --
+= HB 5 SEXUAL ASSAULT; DEF. OF "CONSENT" TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 15, 2022                                                                                         
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Harriet Drummond                                                                                                 
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative David Eastman                                                                                                    
Representative Christopher Kurka                                                                                                
Representative Liz Snyder, Vice Chair                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Sarah Vance                                                                                                      
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Geran Tarr                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Alaska Police Standards Council                                                                                               
                                                                                                                                
     Jeff Brown - Utqiagvik                                                                                                     
     Michael Craig - Anchorage                                                                                                  
     David Knapp - Palmer                                                                                                       
     David Ross - Kenai                                                                                                         
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5                                                                                         
"An Act relating  to sexual abuse of a minor;  relating to sexual                                                               
assault; relating  to the code  of military justice;  relating to                                                               
consent; relating  to the testing  of sexual  assault examination                                                               
kits; and providing for an effective date."                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB   5                                                                                                                  
SHORT TITLE: SEXUAL ASSAULT; DEF. OF "CONSENT"                                                                                  
SPONSOR(s): REPRESENTATIVE(s) TARR                                                                                              
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       STA, JUD                                                                                               
03/26/21       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
03/26/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/26/21       (H)       STA, JUD                                                                                               
03/27/21       (H)       STA AT 1:00 PM GRUENBERG 120                                                                           
03/27/21       (H)       Heard & Held                                                                                           
03/27/21       (H)       MINUTE(STA)                                                                                            
04/13/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/13/21       (H)       Heard & Held                                                                                           
04/13/21       (H)       MINUTE(STA)                                                                                            
04/20/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/20/21       (H)       Heard & Held                                                                                           
04/20/21       (H)       MINUTE(STA)                                                                                            
04/27/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/27/21       (H)       Heard & Held                                                                                           
04/27/21       (H)       MINUTE(STA)                                                                                            
04/29/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
04/29/21       (H)       Scheduled but Not Heard                                                                                
05/04/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/04/21       (H)       Moved CSSSHB 5(STA) Out of Committee                                                                   
05/04/21       (H)       MINUTE(STA)                                                                                            
05/06/21       (H)       STA RPT CS(STA) 1DP 5AM                                                                                
05/06/21       (H)       DP: TARR                                                                                               
05/06/21       (H)       AM: VANCE, STORY, EASTMAN, KAUFMAN,                                                                    
                         KREISS-TOMKINS                                                                                         
05/06/21       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/04/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/04/22       (H)       Heard & Held                                                                                           
03/04/22       (H)       MINUTE(JUD)                                                                                            
03/09/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/09/22       (H)       Heard & Held                                                                                           
03/09/22       (H)       MINUTE(JUD)                                                                                            
03/30/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/30/22       (H)       Heard & Held                                                                                           
03/30/22       (H)       MINUTE(JUD)                                                                                            
04/13/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/13/22       (H)       Heard & Held                                                                                           
04/13/22       (H)       MINUTE(JUD)                                                                                            
04/15/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JEFF BROWN, Appointee                                                                                                           
Alaska Police Standards Council                                                                                                 
Utqiagvik, Alaska                                                                                                               
POSITION STATEMENT:  Testified as an appointee to the Alaska                                                                  
Police Standards Council.                                                                                                       
                                                                                                                                
MICHAEL CRAIG, Appointee                                                                                                        
Alaska Police Standards Council                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as an appointee to the Alaska                                                                  
Police Standards Council.                                                                                                       
                                                                                                                                
DAVID KNAPP, Appointee                                                                                                          
Alaska Police Standards Council                                                                                                 
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as an appointee to the Alaska                                                                  
Police Standards Council.                                                                                                       
                                                                                                                                
DAVID ROSS, Appointee                                                                                                           
Alaska Police Standards Council                                                                                                 
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified as an appointee to the Alaska                                                                  
Police Standards Council.                                                                                                       
                                                                                                                                
KATIE BOTZ, representing self                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
CASS POOK, representing self                                                                                                    
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
MICHAEL PATTERSON, representing self                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
JANICE PARK, representing self                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
JESSICA STOSSEL, Interim Executive Director                                                                                     
Center for Nonviolent Living                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
JENNIFER BROWN, representing self                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
DEBRA O'GARA, Senior Policy Specialist                                                                                          
Alaska Native Women's Resource Center                                                                                           
Petersburg, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
JENNIFER MITCHELL, representing self                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
BRENDA STANFILL, Executive Director                                                                                             
Alaska Network on Domestic Violence and Sexual Assault                                                                          
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
LAUREE MORTON, representing self                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
PHILLIP MOSER, representing self                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 5.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:07:30 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to order  at 1:07 p.m.   Representatives Eastman, Kreiss-                                                               
Tomkins, Drummond, Kurka, Snyder, and  Claman were present at the                                                               
call to order.                                                                                                                  
                                                                                                                                
^CONFIRMATION HEARINGS Alaska Police Standards Council                                                                          
      CONFIRMATION HEARINGS Alaska Police Standards Council                                                                 
                                                                                                                                
1:08:18 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
the  confirmation hearings  on the  governor's appointees  to the                                                               
Alaska Police Standards Council.                                                                                                
                                                                                                                                
1:08:37 PM                                                                                                                    
                                                                                                                                
JEFF BROWN,  Appointee, Alaska  Police Standards  Council (APSC),                                                               
shared that  he began  his law enforcement  career over  20 years                                                               
ago and has  served in various capacities.  He  now serves as the                                                               
chief of  police for the  North Slope Borough  Police Department.                                                               
He stated that  his varied experience has given him  a unique and                                                               
well-rounded  perspective on  law enforcement,  making him  well-                                                               
suited  to carry  out  the  council's mission.    He thanked  the                                                               
committee members.                                                                                                              
                                                                                                                                
1:09:35 PM                                                                                                                    
                                                                                                                                
MR.  BROWN, in  response to  Chair Claman,  stated that  he is  a                                                               
newly appointed member to APSC, subject to confirmation.                                                                        
                                                                                                                                
1:10:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  questioned how the council  could improve                                                               
police force recruitment and retention.                                                                                         
                                                                                                                                
1:10:33 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  responded  that recruitment  and  retention  are  two                                                               
different  subjects.   In terms  of recruitment,  he said,  it is                                                               
difficult  to  find  qualified applicants,  because  all  of  the                                                               
departments are  competing within  the same  applicant pool.   He                                                               
suggested  targeting areas  in the  Lower  48 which  "are not  so                                                               
friendly  towards law  enforcement."   He  expressed the  opinion                                                               
that  communities   in  Alaska  support  law   enforcement,  and,                                                               
oftentimes, officers are  looking for this support.   In terms of                                                               
retention,  he suggested  that the  ongoing standard  of training                                                               
throughout  the  state  be  continued,  as  the  standard  equips                                                               
departments with professionalism and  dedication.  He stated that                                                               
new recruits  are looking for  this standard,  so it needs  to be                                                               
developed continually  throughout the  state.  He  suggested that                                                               
benefits also need to be targeted.                                                                                              
                                                                                                                                
1:12:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  stated that he has  received queries from                                                               
former  military  police  who  are  considering  a  civilian  law                                                               
enforcement career.   He pointed out that  these individuals have                                                               
experienced difficulties.  He questioned  whether the council has                                                               
considered   changing   the   standards  for   military   service                                                               
experience [so that  it could translate easier  into civilian law                                                               
enforcement service].                                                                                                           
                                                                                                                                
1:13:19 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  replied  that  the   definition  of  military  police                                                               
officers and the definition of  state peace officers are two very                                                               
different  things.    He  stated   that  military  police  patrol                                                               
officers  potentially have  skills;  however,  he suggested  that                                                               
individuals  should  be  evaluated  on a  case-by-case  basis  to                                                               
determine whether their experience  meets the qualifications of a                                                               
peace  officer.   He  stated  that there  is  a  wide variety  of                                                               
military police  duties.  In  example, he stated that  guarding a                                                               
gate is different from investigating a crime.                                                                                   
                                                                                                                                
1:14:57 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  SNYDER  referred to  a  recent  "unfortunate"  event                                                               
concerning  an  autistic  individual   [and  the  police].    She                                                               
commented that  [police enforcement]  could use more  training in                                                               
de-escalation tactics.   She  questioned the  role of  council in                                                               
reducing these types of incidences.                                                                                             
                                                                                                                                
1:15:46 PM                                                                                                                    
                                                                                                                                
MR. BROWN responded  that officers in his  department are trained                                                               
in de-escalation techniques based  on federal training standards.                                                               
He  said  these strategies  are  taught  in  the academy  to  new                                                               
recruits;  however, older  officers,  who have  not  been in  the                                                               
academy for some  time, would benefit from ongoing  training.  He                                                               
stated that  creating standardized, in-service training  has been                                                               
the  subject  of conversations  and  suggested  that the  council                                                               
could address this.   He recommended this should  be well thought                                                               
out  and  not   a  "knee-jerk  reaction."     He  recognized  the                                                               
difference  in the  training of  officers  in remote  communities                                                               
versus those on the road system.   He emphasized that the role of                                                               
APSC  is to  make sure  whatever is  implemented is  well thought                                                               
out.                                                                                                                            
                                                                                                                                
1:17:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN questioned  whether homeschool  graduates                                                               
should  be  treated  differently   during  the  [police  officer]                                                               
recruiting process.                                                                                                             
                                                                                                                                
1:17:57 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  responded that  there  are  at least  two  homeschool                                                               
graduates in his department.  He  stated that there is a standard                                                               
of education  met through  homeschooling, so  there should  be no                                                               
need to treat these individuals  any differently.  He pointed out                                                               
that  these individuals  in his  department have  been there  for                                                               
some  time  and  described  them   as  very  astute  with  unique                                                               
backgrounds and perspectives.                                                                                                   
                                                                                                                                
1:19:11 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  whether retirement  plans, specifically  the                                                               
existence of pensions, have affected recruitment and retention.                                                                 
                                                                                                                                
1:19:30 PM                                                                                                                    
                                                                                                                                
MR.  BROWN  responded  that  he  is a  member  of  Tier  III  and                                                               
recognizes the benefits of this,  especially in relation to those                                                               
who are  members of Tier IV.   He stated that  anything the state                                                               
can  do,   including  using  a  targeted   goal,  to  incentivize                                                               
employees  to  stay  in  the  state  would  be  beneficial.    He                                                               
explained that 75 percent of  his department will be eligible for                                                               
retirement  within the  next three  years, and  these individuals                                                               
are all Tier III  members.  He said that there  are not many Tier                                                               
IV members,  adding that  "they seem  to come and  go a  lot more                                                               
frequently."                                                                                                                    
                                                                                                                                
1:21:10 PM                                                                                                                    
                                                                                                                                
MICHAEL  CRAIG,  Appointee,   Alaska  Police  Standards  Council,                                                               
shared that he has been in Alaska  since 1963.  He stated that he                                                               
currently works for the Alyeska  Pipeline Service Company, and he                                                               
has worked  on the Trans-Alaska  Pipeline System since 1983.   He                                                               
stated  that now  he works  as an  employee-concerns coordinator,                                                               
where he  conducts investigations  and does  conflict resolution.                                                               
He expressed  the opinion this  would be consistent with  part of                                                               
the council's  duties.  He  stated he has  been a member  of APSC                                                               
since 2017 and is seeking reappointment.                                                                                        
                                                                                                                                
1:22:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN,  in relation to  the North Slope  and law                                                               
enforcement,  questioned the  model of  having employees  who are                                                               
out  of state  residents  but travel  for  regular employment  to                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. CRAIG responded  that in his work he has  only been a liaison                                                               
with  state  and  federal  law  enforcement.   In  terms  of  law                                                               
enforcement, he  stated that he does  not have an answer  for the                                                               
question.  He continued that the  people who work on the pipeline                                                               
are predominately  Alaska residents, and his  preference would be                                                               
that all the positions be  filled with Alaska residents, but when                                                               
employment pools shrink, employers must look elsewhere.                                                                         
                                                                                                                                
1:24:21 PM                                                                                                                    
                                                                                                                                
DAVID KNAPP,  Appointee, Alaska Police Standards  Council, stated                                                               
that he is pending reappointment  to the council after completing                                                               
a four-year  term.  He shared  that he is a  correctional officer                                                               
with the Alaska Department of  Corrections (DOC).  He stated that                                                               
he has  worked for DOC for  17 years.   For the last 5  years his                                                               
assignment has  been with the  prisoner transportation unit.   In                                                               
this capacity he manages the  prisoner telephone system, monitors                                                               
gang activity, and supervises the canine  unit.  He added that he                                                               
also teaches  a class on  gangs at  the academy and  assists with                                                               
firearms instruction.                                                                                                           
                                                                                                                                
1:25:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether there are  any urgent needs                                                               
that the council should address over the next few years.                                                                        
                                                                                                                                
1:26:07 PM                                                                                                                    
                                                                                                                                
MR.  KNAPP  responded that  there  is  a backlog  of  regulations                                                               
proposed  during the  COVID-19 pandemic,  and addressing  this is                                                               
the number one issue.                                                                                                           
                                                                                                                                
1:26:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SNYDER   questioned   how  the   council   could                                                               
contribute to the ways the state responds to Alaskans in need.                                                                  
                                                                                                                                
1:27:27 PM                                                                                                                    
                                                                                                                                
MR. KNAPP  responded that the  council should evolve  training in                                                               
respect  to  the   changing  standards.    He   stated  that  law                                                               
enforcement  has  been  having  more contact  with  mentally  ill                                                               
people, including  individuals with  drug-induced psychosis.   He                                                               
advised that the council should  continue to provide guidance and                                                               
training for these rapidly changing issues.                                                                                     
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN questioned  how retention  and  recruitment of  law                                                               
enforcement officers is affected by the lack of a pension.                                                                      
                                                                                                                                
1:28:29 PM                                                                                                                    
                                                                                                                                
MR. KNAPP responded that the issue  is important.  He stated that                                                               
throughout  his  career  he has  seen  hundreds  of  correctional                                                               
officers leave after meeting the five-year vestment requirement.                                                                
                                                                                                                                
1:29:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  questioned whether  proceedings  against                                                               
law  enforcement, including  complaints brought  to the  council,                                                               
have been conducted in an efficient manner.                                                                                     
                                                                                                                                
MR.  KNAPP  stated   that  in  his  experience   the  process  is                                                               
streamlined.   He acknowledged  that delays  would be  because of                                                               
legal representation, not the council.                                                                                          
                                                                                                                                
1:30:20 PM                                                                                                                    
                                                                                                                                
DAVID ROSS,  Appointee, Alaska  Police Standards  Council, stated                                                               
he was appointed  to be one of the four  designated police chiefs                                                               
on APSC.   He shared  that he has lived  in Kenai since  1971 and                                                               
has worked at  the Kenai Police Department for 21  years.  He has                                                               
worked in every aspect of  the department, including the position                                                               
of  chief  for the  last  6  years.   He  expressed  anticipation                                                               
concerning  his  role   on  the  council,  as  it   would  be  an                                                               
opportunity to help  address the need for  professional and well-                                                               
trained law enforcement in Alaska.                                                                                              
                                                                                                                                
1:31:10 PM                                                                                                                    
                                                                                                                                
MR. ROSS, in  response to Chair Claman, stated that  his is a new                                                               
appointment, pending confirmation.                                                                                              
                                                                                                                                
1:31:28 PM                                                                                                                    
                                                                                                                                
MR. ROSS,  in response to  Representative Eastman, said  that the                                                               
council needs to  develop and maintain good  hiring practices for                                                               
law enforcement professionals.  To  ensure the "right" people are                                                               
in law  enforcement, he said, there  needs to be good  systems to                                                               
certify and de-certify  officers.  He added  that quality ongoing                                                               
training should be provided.                                                                                                    
                                                                                                                                
1:32:23 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN questioned  how retention  and  recruitment of  law                                                               
enforcement officers is affected by the lack of a pension.                                                                      
                                                                                                                                
MR.  ROSS responded  that this  is  a challenge,  as the  pension                                                               
system does  play a  role, especially  concerning retention.   He                                                               
said  that many  at  his  agency are  Tier  III members,  nearing                                                               
retirement,  creating  an  experience  gap.    He  expressed  the                                                               
opinion that setting  a goal for longevity with  a pension system                                                               
would  benefit  Tier IV  members,  as  they  do  not seem  to  be                                                               
staying.   In response to  Chair Claman, he  stated that he  is a                                                               
Tier III member.                                                                                                                
                                                                                                                                
1:33:53 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  opened public  testimony on  the appointees  to the                                                               
Alaska Police  Standards Council.  After  ascertaining that there                                                               
was no one who wished to testify, he closed public testimony.                                                                   
                                                                                                                                
1:34:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN thanked  the applicants  for volunteering                                                               
their service.  He stated  that he receives regular feedback from                                                               
constituents who are interested  in becoming law enforcement, but                                                               
face  challenges.   He stated  that retention  of officers  is an                                                               
issue, and he welcomes any comments which would help.                                                                           
                                                                                                                                
1:36:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  complimented  the appointees  on  their                                                               
service to communities and organizations.                                                                                       
                                                                                                                                
1:36:29 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that the appointees  included experienced and                                                               
new members, and the blend has created a good discussion.                                                                       
                                                                                                                                
1:37:00 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  SNYDER  stated that  the  House  Judiciary  Standing                                                               
Committee  has reviewed  the  qualifications  for the  governor's                                                               
appointees and  recommends that the following  names be forwarded                                                               
to a joint session for  consideration: Jeff Brown, Michael Craig,                                                               
David Knapp, and David Cross,  appointees to the Police Standards                                                               
Council.  She  reminded the committee that this  does not reflect                                                               
intent  by any  of  the  members to  vote  for  or against  these                                                               
individuals  during  any further  sessions  for  the purposes  of                                                               
confirmation.                                                                                                                   
                                                                                                                                
              HB 5-SEXUAL ASSAULT; DEF. OF "CONSENT"                                                                        
                                                                                                                                
1:38:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
SPONSOR  SUBSTITUTE FOR  HOUSE BILL  NO. 5,  "An Act  relating to                                                               
sexual abuse of a minor;  relating to sexual assault; relating to                                                               
the code  of military justice;  relating to consent;  relating to                                                               
the  testing of  sexual assault  examination kits;  and providing                                                               
for  an  effective  date."   [Before  the  committee  was  CSSSHB
5(STA).]                                                                                                                        
                                                                                                                                
1:38:13 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 5.                                                                                   
                                                                                                                                
1:38:55 PM                                                                                                                    
                                                                                                                                
KATIE  BOTZ, representing  self, testified  in support  of HB  5.                                                               
She thanked the  sponsors but expressed frustration  with the way                                                               
the committee has been  handling HB 5.  She stated  that she is a                                                               
survivor of  sexual assault, and  in the  past two years  she has                                                               
advocated  for the  passage  of the  proposed  legislation.   She                                                               
said, "One  or more  members of this  committee has  continued to                                                               
ignore me.   One or more members of this  committee has continued                                                               
to  silence  me."   She  voiced  the  opinion  that some  of  the                                                               
committee   members  do   not  care   about  victims   of  abuse.                                                               
Referencing  her own  experience,  she stated  that  she wants  a                                                               
better outcome for  other [victims] in the state.   She requested                                                               
that an  amendment deadline  be set  for April  18, 2022,  so the                                                               
bill  can be  passed out  of committee.   She  said that  actions                                                               
speak  louder  than words,  and  HB  5 is  a  step  in the  right                                                               
direction for keeping victims safe.                                                                                             
                                                                                                                                
1:41:55 PM                                                                                                                    
                                                                                                                                
CASS POOK, representing self, testified in  support of HB 5.  She                                                               
shared  that  she  is  pursuing  a  degree  in  social  work  and                                                               
currently  is  in  an  internship   at  [Sitkans  Against  Family                                                               
Violence].   She  urged the  committee to  move HB  5 as  soon as                                                               
possible.  In  reference to childhood trauma, she  brought to the                                                               
attention  of the  committee  the  Adverse Childhood  Experiences                                                               
Study and the National Child Traumatic Stress Network.                                                                          
                                                                                                                                
1:43:12 PM                                                                                                                    
                                                                                                                                
MICHAEL PATTERSON, representing self,  testified in support of HB
5.   He stated that the  rampant occurrence of sexual  assault is                                                               
"such a  detriment to the state,  that I don't understand  why it                                                               
is  taking so  long to  move HB  5 out  of this  committee."   He                                                               
expressed the opinion that the  proposed legislation is not being                                                               
moved  out   of  committee  because  of   personal  reasons,  not                                                               
necessarily legislative  ones.   He suggested that  the [proposed                                                               
legislation] would not solve the problem,  but it would be a step                                                               
in  the right  direction.   He  said  the bill  has  been in  the                                                               
[legislative] process "for years."   He expressed confusion about                                                               
why  the definition  of  consent  has not  been  modernized.   He                                                               
questioned  how it  could be  said that  "we live  in a  healthy,                                                               
functional  society in  Alaska."   He suggested  that there  is a                                                               
loophole in the law which allows attackers to not be convicted.                                                                 
                                                                                                                                
1:46:01 PM                                                                                                                    
                                                                                                                                
JANICE PARK, representing self, testified  in support of HB 5 and                                                               
its  passage  out   of  committee.    She  shared   her  and  her                                                               
granddaughter's experience with sexual assault.                                                                                 
                                                                                                                                
1:49:02 PM                                                                                                                    
                                                                                                                                
JESSICA   STOSSEL,  Interim   Executive   Director,  Center   for                                                               
Nonviolent Living,  testified in  support of moving  HB 5  out of                                                               
committee as soon as possible.  She  stated the bill is a step in                                                               
the  right  direction for  all  Alaskans  and victims  of  sexual                                                               
assault.   She stated that  she has  worked with victims  for the                                                               
last 23 years.                                                                                                                  
                                                                                                                                
1:50:32 PM                                                                                                                    
                                                                                                                                
JENNIFER BROWN, representing self,  shared that she identifies as                                                               
a  survivor of  sexual assault  and works  for Standing  Together                                                               
Against  Rape  (STAR).    From   her  personal  and  professional                                                               
experience, she  expressed the opinion  that justice  for victims                                                               
of sexual  assault is rare because  it is too difficult  to reach                                                               
prosecution.   She  stated  that HB  5  is a  step  in the  right                                                               
direction.                                                                                                                      
                                                                                                                                
1:51:54 PM                                                                                                                    
                                                                                                                                
DEBRA  O'GARA, Senior  Policy Specialist,  Alaska Native  Women's                                                               
Resource  Center,  testified in  support  of  HB 5.    Addressing                                                               
statistics on  rape, she stated that  21 percent of women  in the                                                               
country have reported  that they have been a  victim of attempted                                                               
or  committed  rape, with  most  of  these occurring  before  the                                                               
victim turns  25 years old.   She said that 47  percent of sexual                                                               
assaults in  Alaska involve Alaska  Native women and girls.   She                                                               
stated that the  recorded rapes in Alaska are  twice the national                                                               
average,  but  this  does  not include  unreported  cases.    She                                                               
expressed the  belief that sexual  assault numbers in  Alaska are                                                               
low because rape kits are  not being processed.  She acknowledged                                                               
that this  problem is  being resolved.   She added  that reported                                                               
sexual assault  numbers are  low because there  is a  distrust of                                                               
law  enforcement.   She said  that in  some areas  of Alaska  law                                                               
enforcement   are  known   to  be   aggressive,  unhelpful,   and                                                               
insensitive.   She added  that investigations  are slow,  and for                                                               
the  cases that  make it  to  prosecution, this  process is  also                                                               
slow.    She  argued  that   law  enforcement  and  DOL  need  to                                                               
understand  how  rape affects  the  victim.   Comparing  rape  to                                                               
murder, she  said, "It kills  a part of  the victim."   She urged                                                               
the members  to pass  the bill  out of committee  so it  can move                                                               
through the system.                                                                                                             
                                                                                                                                
1:54:42 PM                                                                                                                    
                                                                                                                                
JENNIFER MITCHELL, representing self,  testified in support of HB
5.   She  shared that  she  worked for  seven years  as a  victim                                                               
advocate  at STAR.    She said  part of  her  job included  being                                                               
present  for  physical  exams and  helping  victims  through  the                                                               
criminal  justice system.    She said,  "I've  been through  more                                                               
sexual assault reports  than I can count."   From her experience,                                                               
she estimated that most of  the cases turned down for prosecution                                                               
would  be  prosecuted  under  the   proposed  legislation.    She                                                               
expressed  the  opinion that  Alaska  has  a major  problem  with                                                               
sexual  assault,  and  holding  people  accountable  would  be  a                                                               
positive step forward.   She shared that she  worked with victims                                                               
of  sexual assault  by fraud,  whose cases  were not  prosecuted.                                                               
She concluded by urging the committee to pass the bill.                                                                         
                                                                                                                                
1:56:30 PM                                                                                                                    
                                                                                                                                
BRENDA STANFILL,  Executive Director, Alaska Network  on Domestic                                                               
Violence and Sexual  Assault, testified in support  of passing HB
5  out  of committee.    She  stated  that  HB 5  addresses  four                                                               
problematic  areas  in  the  current   sexual  assault  laws  and                                                               
processes.   First, she stated that  the law requires the  use of                                                               
force.  She  said this does not reflect current  social norms, as                                                               
youth  today are  being educated  about consent,  permission, and                                                               
pressure.   She said that,  rather than the requirement  of marks                                                               
on  a  victim's body  to  prove  lack  of consent,  the  proposed                                                               
legislation  would require  the accused  to prove  consent.   The                                                               
second  problem  with the  current  legislation  is it  does  not                                                               
criminalize   adults   engaging    with   16-   and   17-year-old                                                               
individuals, which  is the  age targeted  for sex  work grooming.                                                               
As  the  next  point,  she  stated that  rape  by  fraud  is  not                                                               
recognized.  For  the final point she addressed  the time allowed                                                               
to process rape  kits.  She stated that an  important part of the                                                               
proposed legislation would  be the reduction of  time allowed for                                                               
crime  labs to  process  rape  kits.   She  stated  that DPS  has                                                               
related this is an achievable goal.   She argued that speeding up                                                               
the forensic testing  would move rapist off  the streets quicker.                                                               
She recognized that  the four changes to the  sexual assault laws                                                               
would not "fix" the current system,  but changes are needed.  She                                                               
also  referenced the  lack  of prosecutions,  the  need for  more                                                               
public  safety  officers,  and  the  extensive  time  delays  for                                                               
trials.  She said, in general, there is not enough prevention.                                                                  
                                                                                                                                
1:59:25 PM                                                                                                                    
                                                                                                                                
LAUREE MORTON, representing  self, testified in support  of HB 5.                                                               
She  shared that  she  has  lived through  sexual  assault.   She                                                               
discussed  the historic  origin of  the word  "rape," referencing                                                               
that in the  past women had been viewed as  property.  She stated                                                               
that in  the early-  to mid-20th century  the narrative  had been                                                               
that  only a  stranger would  commit  rape, and  if women  stayed                                                               
home, they were safe.   She continued that, as attitudes changed,                                                               
it was  seen that girls  deserved [to be  raped] if they  were in                                                               
the  wrong place  at  the  wrong time  with  the  wrong dress  or                                                               
attitude.   As society has  progressed, she said, people  are now                                                               
more  aware  that  rapists  can be  friends  or  family  members;                                                               
however, victims are still required to  not just say "no," but to                                                               
say, "hell no."   She explained, if there is  not enough evidence                                                               
of force, the victim did not  fight hard enough, and the crime is                                                               
not prosecutable.   She  said, "We  should be  uncomfortable with                                                               
that."  She  argued that the [proposed legislation]  is not meant                                                               
to make prosecution easier; "it is  meant to make it right."  She                                                               
insisted that it is time  [the definition of consent be updated.]                                                               
She requested that the legislation be moved out of committee.                                                                   
                                                                                                                                
2:02:06 PM                                                                                                                    
                                                                                                                                
PHILLIP MOSER, representing  self, testified in support  of HB 5;                                                               
however, he expressed the belief  that there should be a stronger                                                               
definition  of  consent.   He  urged  that  HB  5 be  moved  from                                                               
committee.                                                                                                                      
                                                                                                                                
2:03:41 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, after  ascertaining that there was no  one else who                                                               
wished to testify, closed public testimony on HB 5.                                                                             
                                                                                                                                
[HB 5 was held over.]                                                                                                           
                                                                                                                                
2:04:57 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:05 p.m.                                                                 

Document Name Date/Time Subjects
Alaska Police Standards Council Appointment - Jeff Brown Resume 4.15.2022.pdf HJUD 4/15/2022 1:00:00 PM
Alaska Police Standards Council Appointment - Jeff Brown APSC Interest Letter 4.15.2022.pdf HJUD 4/15/2022 1:00:00 PM
Alaska Police Standards Council Appointment - Michael Craig Application 4.15.2022.pdf HJUD 4/15/2022 1:00:00 PM
Alaska Police Standards Council Appointment - David Knapp Application 4.15.2022.pdf HJUD 4/15/2022 1:00:00 PM
Alaska Police Standards Council Appointment - David Ross Application 4.15.2022.pdf HJUD 4/15/2022 1:00:00 PM
Alaska Police Standards Council Appointment - David Ross Resume 4.15.2022.pdf HJUD 4/15/2022 1:00:00 PM
HB 5 v. W 5.6.2021.PDF HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Sponsor Statement 2.23.2021.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Sectional Analysis v. W 5.6.2021.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Explanation of Changes v. G to v. W 5.5.2021.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Supporting Document - Articles, Age and Offender Table for SAM 1 and SAM 2, and Consent Tabular Analysis 2.4.2022.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Supporting Document - Letters Received as of 4.14.2022.pdf HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Supporting Document - Testimony Received as of 4.14.2022.pdf HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Opposing Document - Letters Received as of 4.26.2021.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Fiscal Note DOA-OPA 2.25.2022.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Fiscal Note DOA-PDA 2.25.2022.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Fiscal Note DOC-IDO 2.26.2022.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Fiscal Note LAW-CRIM 2.25.2022.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5
HB 5 Fiscal Note JUD-ACS 3.2.2022.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HB 5