Legislature(2021 - 2022)GRUENBERG 120

05/06/2022 10:30 AM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 5/04/22 --
+= HB 5 SEXUAL ASSAULT; DEF. OF "CONSENT" TELECONFERENCED
Moved CSSSHB 5(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 325 DOMESTIC VIOLENCE TELECONFERENCED
Moved HB 325 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 6, 2022                                                                                           
                           10:43 a.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                                                                                                             
                                                                                                                              
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Sara Rasmussen                                                                                                   
Representative Geran Tarr                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
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."                                                                                     
                                                                                                                                
     - MOVED CSSSHB 5(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 325                                                                                                              
"An Act relating to domestic violence."                                                                                         
                                                                                                                                
     - MOVED HB 325 OUT OF COMMITTEE                                                                                            
                                                                                                                                
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                                                                           
04/15/22       (H)       Heard & Held                                                                                           
04/15/22       (H)       MINUTE(JUD)                                                                                            
04/27/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/27/22       (H)       Heard & Held                                                                                           
04/27/22       (H)       MINUTE(JUD)                                                                                            
05/02/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
05/02/22       (H)       Heard & Held                                                                                           
05/02/22       (H)       MINUTE(JUD)                                                                                            
05/04/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
05/04/22       (H)       Heard & Held                                                                                           
05/04/22       (H)       MINUTE(JUD)                                                                                            
05/06/22       (H)       JUD AT 10:30 AM GRUENBERG 120                                                                          
                                                                                                                                
BILL: HB 325                                                                                                                  
SHORT TITLE: DOMESTIC VIOLENCE                                                                                                  
SPONSOR(s): REPRESENTATIVE(s) RASMUSSEN                                                                                         
                                                                                                                                
02/16/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/22       (H)       JUD                                                                                                    
02/25/22       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/25/22       (H)       Heard & Held                                                                                           
02/25/22       (H)       MINUTE(JUD)                                                                                            
05/02/22       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
05/02/22       (H)       Heard & Held                                                                                           
05/02/22       (H)       MINUTE(JUD)                                                                                            
05/06/22       (H)       JUD AT 10:30 AM GRUENBERG 120                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
EMMA POTTER, Staff                                                                                                              
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented amendments during the hearing on                                                               
SSHB 5, on behalf of Representative Claman, prime sponsor.                                                                      
                                                                                                                                
REPRESENTATIVE GERAN TARR                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on                                                                 
SSHB 5, as the prime sponsor.                                                                                                   
                                                                                                                                
KACI SCHROEDER, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on                                                                 
SSHB 5.                                                                                                                         
                                                                                                                                
REPRESENTATIVE SARA RASMUSSEN                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Offered closing comments during the hearing                                                              
on HB 325, as the prime sponsor.                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:43:30 AM                                                                                                                   
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting back to  order at 10:43 a.m.   Representatives Kurka (via                                                               
teleconference),  Vance, Drummond,  Snyder (via  teleconference),                                                               
Kreiss-Tomkins  (via teleconference),  Eastman,  and Claman  were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
             HB 5-SEXUAL ASSAULT; DEF. OF "CONSENT"                                                                         
                                                                                                                                
10:44:12 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
SPONSOR  SUBSTITUE 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, adopted  as the                                                               
work draft on 5/2/22, was  the proposed committee substitute (CS)                                                               
for  SSHB  5,  Version 32-LS0065\R,  Radford,  5/2/22,  ("Version                                                               
R").]                                                                                                                           
                                                                                                                                
CHAIR CLAMAN  gave Legislative Legal Services  permission to make                                                               
technical and conforming changes to the bill.                                                                                   
                                                                                                                                
10:45:03 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN  moved to adopt  Amendment 1  to SSHB 5,  Version R,                                                               
labeled 32-LS0065\R.1, Radford, 5/3/22, which read:                                                                             
                                                                                                                                
     Page 4, line 5:                                                                                                            
          Delete "AS 11.41.410 - 11.41.440"                                                                                     
          Insert "AS 11.41.410 - 11.41.427"                                                                                     
                                                                                                                                
REPRESENTATIVE DRUMMOND objected for the purpose of discussion.                                                                 
                                                                                                                                
10:45:25 AM                                                                                                                   
                                                                                                                                
EMMA  POTTER, Staff,  Representative  Matt  Claman, Alaska  State                                                               
Legislature, on  behalf of Representative Claman,  prime sponsor,                                                               
explained that  Amendment 1 would  clean up the bill  by changing                                                               
the reference to [prosecutions where  consent is at issue].  More                                                               
specifically, the  proposed amendment would remove  the statutory                                                               
reference to sexual abuse of a minor crimes on page 4, line 5 of                                                                
Version R, as consent was not a contributing factor.                                                                            
                                                                                                                                
REPRESENTATIVE DRUMMOND removed her objection.  There being no                                                                  
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
10:46:16 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN moved to adopt Amendment 2 to SSHB 5, Version R,                                                                   
labeled 32-LS0065\R.3, Radford, 5/5/22, which read:                                                                             
                                                                                                                                
     Page 4, lines 19 - 20:                                                                                                     
          Delete all material and insert:                                                                                       
               "(11)  "consent" means a freely given,                                                                           
     reversible agreement specific to  the conduct at issue;                                                                    
     in this  paragraph, "freely  given" means  agreement to                                                                    
     cooperate in  the act was positively  expressed by word                                                                    
     or action."                                                                                                                
                                                                                                                                
     Page 4, lines 25 - 27:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 22:                                                                                                           
          Delete "AS 26.05.890(h)(2), as amended by sec. 8                                                                      
     of this Act,"                                                                                                              
                                                                                                                                
     Page 5, line 23:                                                                                                           
          Delete "sec. 9"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
     Page 5, line 24:                                                                                                           
          Delete "sec. 11"                                                                                                      
          Insert "sec. 10"                                                                                                      
                                                                                                                                
     Page 5, line 25:                                                                                                           
          Delete "secs. 1 - 9 and 11"                                                                                           
          Insert "secs. 1 - 8 and 10"                                                                                           
                                                                                                                                
     Page 5, line 26:                                                                                                           
          Delete "Section 10"                                                                                                   
          Insert "Section 9"                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND objected for the purpose of discussion.                                                                 
                                                                                                                                
MS.  POTTER  said Amendment  2  would  change the  definition  of                                                               
consent  in Version  R to  the previous  definition in  Version W                                                               
[CSSSHB 5(STA)],  which contained  the "freely  given" definition                                                               
of  consent.   The  change  was  based  on the  explanation  from                                                               
invited testifiers  that a definition  of consent  containing the                                                               
phrase  "freely given"  was  more protective  of  victims in  the                                                               
prosecution of these cases.                                                                                                     
                                                                                                                                
10:46:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN  suggested  that the  proposed  amendment                                                               
would  define the  lack of  affirmative expressed  action as  the                                                               
absence of consent, which  would criminalize socially permissible                                                               
conduct.   He believed  that the  proposed definition  of consent                                                               
would  protect  some  victims  at the  expense  of  creating  new                                                               
victims.                                                                                                                        
                                                                                                                                
10:49:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GERAN TARR,  Alaska State  Legislature, as  prime                                                               
sponsor of  SSHB 5,  emphasized the  importance of  including the                                                               
phrase "word or  action" in the definition of  consent to capture                                                               
healthy, typical, consenting behavior by two partners.                                                                          
                                                                                                                                
10:52:28 AM                                                                                                                   
                                                                                                                                
CHAIR  CLAMAN asked  how  the definition  of  "freely given"  [on                                                               
lines  4-5 of  Amendment 2]  would  assist in  the "frozen  fear"                                                               
response,  which was  documented to  be  a real  issue in  sexual                                                               
assaults.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TARR  shared her  understanding that Section  4 of                                                               
Version R, which  outlined the elements of  consent, captured the                                                               
freeze response.                                                                                                                
                                                                                                                                
REPRESENTATIVE  EASTMAN pointed  out  that Amendment  1 had  been                                                               
adopted by  a passive  response, [in  other words,  no objection]                                                               
from the committee.   He asked whether the  legislature's code of                                                               
conduct should  be reformed  in line with  the new  definition of                                                               
consent for the purpose of consistency.                                                                                         
                                                                                                                                
REPRESENTATIVE  TARR  said  Representative  Eastman's  suggestion                                                               
went far beyond the scope of the legislation.                                                                                   
                                                                                                                                
CHAIR CLAMAN, in response to  Representative Eastman, pointed out                                                               
that Alaska  was faced with  the highest sexual assault  rates in                                                               
the  country, which  he characterized  as "beyond  embarrassing."                                                               
He commented on the notion  of treating consent to sexual conduct                                                               
in  the same  way  as consenting  to a  legislative  motion.   He                                                               
shared  his  belief that  the  proposed  definition would  be  an                                                               
improvement to the existing statutory language.                                                                                 
                                                                                                                                
10:58:02 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN sought questions from committee members.                                                                           
                                                                                                                                
10:58:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  VANCE  referenced  the cultural  perception  that                                                               
"silence is consent."  She shared  an example and pondered how to                                                               
convey  that silence  is no  longer consent.   She  asked, "Which                                                               
comes first, society or the law?"                                                                                               
                                                                                                                                
CHAIR CLAMAN  asked whether  Representative Vance  was suggesting                                                               
that the second phrase of the  consent definition went too far by                                                               
defining ["freely given"] as affirmative consent.                                                                               
                                                                                                                                
REPRESENTATIVE TARR defined the  "FRIES" acronym as freely given,                                                               
reversible,  informed,  enthusiastic,  specific.   She  said  she                                                               
believed that  the phrase "positively  expressed through  word or                                                               
action" captured the FRIES concept.                                                                                             
                                                                                                                                
11:03:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KURKA  considered a scenario  in which a  claim of                                                               
rape  was manufactured  against a  former romantic  partner after                                                               
the relationship  soured.  He  asked how that situation  would be                                                               
resolved.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TARR  pointed out that the  prosecution was tasked                                                               
with  evaluating  whether the  crime  could  be proved  beyond  a                                                               
reasonable  doubt.   The  process, she  said,  was effectually  a                                                               
layer of  protection against frivolous crimes  and misapplication                                                               
of the law.                                                                                                                     
                                                                                                                                
CHAIR CLAMAN  invited Ms. Schroeder  to comment on the  impact of                                                               
deleting the phrase "'freely given'  means agreement to cooperate                                                               
in the act was positively expressed by word or action."                                                                         
                                                                                                                                
11:08:37 AM                                                                                                                   
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of  Law (DOL), said  the definition of  "freely given"                                                               
provided further  guidance and  clarity to  the prosecutor.   The                                                               
importance  of including  "word  or action,"  she  added, was  to                                                               
capture  normal behavior  in healthy  relationships.   She  noted                                                               
that the  descriptors in Section  4 added further context  on how                                                               
it would be applied.  She  referred the committee to page 4, line                                                               
10  and  addressed  the  totality  of  the  circumstances.    She                                                               
continued  to explain  that the  prosecutor must  prove that  the                                                               
defendant was reckless  as to the lack of consent.   She read the                                                               
legal definition of "reckless."                                                                                                 
                                                                                                                                
11:12:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN   proposed  Conceptual  Amendment   1  to                                                               
Amendment 2 to SSHB 5, Version  R, such that the phrase "specific                                                               
to the conduct at issue" would be deleted on page 1, lines 3-4.                                                                 
                                                                                                                                
REPRESENTATIVE DRUMMOND objected for the purpose of discussion.                                                                 
                                                                                                                                
11:12:42 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN opined  that Amendment  2 was  "doing too                                                               
much" by  effectively introducing chronology into  the definition                                                               
of consent  with the phrase  "specific to the conduct  at issue".                                                               
He  opined   that  the  language   drew  a   distinction  between                                                               
consenting to previous  conduct and consenting to  the conduct at                                                               
issue,   which  effectively   criminalized   activity  that   was                                                               
consensual.  He provided an example.                                                                                            
                                                                                                                                
MS.  SCHROEDER contended  that Amendment  2 captured  the concern                                                               
described  by  Representative Eastman.    She  explained that  as                                                               
drafted, Amendment 2 provided that  the conduct must be consented                                                               
to at the time and must be  a type of conduct that the individual                                                               
wants to  engage in.   She  argued that  the example  provided by                                                               
Representative  Eastman would  support a  reckless mental  state.                                                               
Ultimately, she  believed that  the language  in Amendment  2 was                                                               
appropriate as drafted.                                                                                                         
                                                                                                                                
11:16:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DRUMMOND   spoke  in  opposition   to  Conceptual                                                               
Amendment 1  to Amendment 2  based on invited testimony  from the                                                               
previous bill hearing.  She  opined that "specific to the conduct                                                               
at issue" should be retained.                                                                                                   
                                                                                                                                
CHAIR CLAMAN  opined that  removing the  phrase "specific  to the                                                               
conduct at  issue" would invite  additional problems in  terms of                                                               
the timing of consent and whether  it could be revoked at a later                                                               
time.  He shared an example.                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  shared his belief that  individuals could                                                               
get "caught up" in the legal  definition [of consent].  He opined                                                               
that the committee was unnecessarily  focused on prosecutions and                                                               
convictions while overlooking other implications.                                                                               
                                                                                                                                
11:21:24 AM                                                                                                                   
                                                                                                                                
A roll  call vote was  taken.  Representatives Kurka  and Eastman                                                               
voted  in  favor  of  Conceptual  Amendment  1  to  Amendment  2.                                                               
Representatives  Vance,  Drummond,  Snyder,  Kreiss-Tomkins,  and                                                               
Claman voted  against it.   Therefore, Conceptual Amendment  1 to                                                               
Amendment 2 failed by a vote of 2-5.                                                                                            
                                                                                                                                
11:22:13 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Conceptual  Amendment 2 to                                                               
Amendment 2, which would replace  the semi-colon [on page 1, line                                                               
4] with a period and delete  the words that followed [on lines 4-                                                               
5].                                                                                                                             
                                                                                                                                
CHAIR  CLAMAN  sought to  confirm  that  the proposed  conceptual                                                               
amendment would remove the definition of "freely given".                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN answered yes.                                                                                            
                                                                                                                                
REPRESENTATIVE DRUMMOND objected.                                                                                               
                                                                                                                                
REPRESENTATIVE EASTMAN  observed that the committee  was focusing                                                               
all  of  its  attention  on  current victims.    He  argued  that                                                               
Conceptual Amendment 2  to Amendment 2 would expand  the focus to                                                               
those  "who were  not yet  victims," meaning  people who  believe                                                               
that the absence of an expressed  positive action does not mean a                                                               
failure   of  consent.     He   argued  that   there  were   many                                                               
circumstances where consent was  not positively expressed by word                                                               
or action  and expressed concern  that the definition  of consent                                                               
in Amendment 2 could be used as leverage.                                                                                       
                                                                                                                                
REPRESENTATIVE DRUMMOND maintained her objection.                                                                               
                                                                                                                                
11:26:18 AM                                                                                                                   
                                                                                                                                
A roll  call vote was  taken.  Representatives Kurka  and Eastman                                                               
voted  in  favor  of  Conceptual  Amendment  2  to  Amendment  2.                                                               
Representatives  Vance,  Drummond,  Snyder,  Kreiss-Tomkins,  and                                                               
Claman voted  against it.   Therefore, Conceptual Amendment  2 to                                                               
Amendment 2 failed by a vote of 2-5.                                                                                            
                                                                                                                                
CHAIR  CLAMAN  sought final  comment  from  committee members  on                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
11:27:17 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DRUMMOND  pointed out  that the committee  had not                                                               
addressed Amendment  2 in its  entirety.  She inquired  about the                                                               
language following lines 1-5.                                                                                                   
                                                                                                                                
MS.  POTTER said  the  rest of  the  proposed amendment  provided                                                               
conforming changes to implement the new definition of consent.                                                                  
                                                                                                                                
11:29:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE  expressed her hope that  the new definition                                                               
of consent  would better  balance "the  scales of  justice," help                                                               
prosecutors clearly articulate the  conduct, and bring justice to                                                               
both parties involved in these cases.                                                                                           
                                                                                                                                
11:31:04 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN   expressed  his  strong   opposition  to                                                               
Amendment 2 due to his belief  that it would introduce a coercive                                                               
element  into  relationships.     He  opined  that  the  proposed                                                               
definition  of consent  could  be used  as  leverage against  the                                                               
individual who initiated the sexual act  and be used as a tool of                                                               
discord.    Further,  he  suggested   that  redefining  the  word                                                               
"consent" would not offer a solution  to the problem with rape in                                                               
Alaska, as it was not the cause of the issue to begin with.                                                                     
                                                                                                                                
CHAIR CLAMAN  stated his belief that  implementing an affirmative                                                               
consent  model would  place more  focus  on the  victim and  less                                                               
focus  on the  defendant  while giving  additional  tools to  the                                                               
defense  team.   Ultimately, he  opined that  the new  definition                                                               
would  provide a  basis upon  which victims  of crime  could come                                                               
forward with their claim.                                                                                                       
                                                                                                                                
11:34:57 AM                                                                                                                   
                                                                                                                                
A roll  call vote  was taken.   Representatives  Vance, Drummond,                                                               
Snyder, Kreiss-Tomkins,  and Claman  voted in favor  of Amendment                                                               
2.     Representatives  Kurka  and  Eastman   voted  against  it.                                                               
Therefore, Amendment 2 was adopted by a vote of 5-2.                                                                            
                                                                                                                                
11:35:38 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN  moved to adopt  Amendment 3  to SSHB 5,  Version R,                                                               
labeled 32-LS0065\R.2, Radford, 5/5/22, which read:                                                                             
                                                                                                                                
     Page 4, line 16:                                                                                                           
          Delete ";"                                                                                                            
          Insert "."                                                                                                            
                                                                                                                                
     Page 4, line 17:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
REPRESENTATIVE DRUMMOND objected for the purpose of discussion.                                                                 
                                                                                                                                
11:36:01 AM                                                                                                                   
                                                                                                                                
MS. POTTER  indicated that Amendment  3 would  delete [paragraph]                                                               
(5) on  page 4, line 15  of Version R, which  stated that consent                                                               
is ineffective if induced by force, duress, or deception.                                                                       
                                                                                                                                
REPRESENTATIVE DRUMMOND  removed her  objection.  There  being no                                                               
further objection, Amendment 3 was adopted.                                                                                     
                                                                                                                                
CHAIR CLAMAN sought final comment  from committee members on SSHB
5, Version R, as amended.                                                                                                       
                                                                                                                                
11:37:13 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS said he  felt much more comfortable                                                               
with the proposed legislation, as amended.                                                                                      
                                                                                                                                
REPRESENTATIVE  SNYDER  remarked  that   she  was  glad  for  the                                                               
evolution of  the bill and happy  for the opportunity to  move it                                                               
forward.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  DRUMMOND stated  that  she  was more  comfortable                                                               
with the proposed legislation, as amended.                                                                                      
                                                                                                                                
REPRESENTATIVE  VANCE said  she would  let her  previous comments                                                               
stand.                                                                                                                          
                                                                                                                                
REPRESENTATIVE EASTMAN  expounded on  his objection to  the bill,                                                               
citing "a crucial area" of conflict  that had yet to be resolved.                                                               
He opined that the committee  was "equivocating" by attempting to                                                               
change  society  by  redefining  the  fundamental  definition  of                                                               
consent and thereby the definition  of rape.  He further believed                                                               
that  the bill  criminalized  conduct that  was  not criminal  at                                                               
present.  He  reiterated his belief that  changing the definition                                                               
of  consent  would  be  felt across  "the  spectrum"  and  impact                                                               
relationships both positively and negatively.                                                                                   
                                                                                                                                
REPRESENTATIVE  KURKA said  he  would be  objecting  to the  bill                                                               
moving forward, citing "conflict" in the legislation.                                                                           
                                                                                                                                
11:41:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TARR,  in  response to  Representative  Eastman's                                                               
comments,  pointed  out that  the  bill  was attempting  to  more                                                               
effectively  define the  standard for  acceptable behavior.   She                                                               
highlighted  the  prevention  and  education  opportunities  that                                                               
could come  from the  bill and  expressed her  hope that  the end                                                               
goal  would be  a reduction  of incidents  of sexual  violence in                                                               
Alaska.                                                                                                                         
                                                                                                                                
11:43:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DRUMMOND moved  to report  CSSSHB 5,  Version 32-                                                               
LS0065\R,  Radford, 5/2/22,  as  amended, out  of committee  with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
11:44:03 AM                                                                                                                   
                                                                                                                                
A roll  call vote  was taken.   Representatives  Vance, Drummond,                                                               
and Claman voted in favor  of the motion.  Representative Eastman                                                               
voted against it.   Therefore, CSSSHB 5(JUD) was  reported out of                                                               
the House Judiciary Standing Committee by a vote of 3-1.                                                                        
                                                                                                                                
11:44:43 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  suggested that the  committee take                                                               
an at-ease.                                                                                                                     
                                                                                                                                
11:44:47 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease at 11:44 a.m.                                                                                     
                                                                                                                                
11:46:17 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN advised that the  committee would take another brief                                                               
at-ease.                                                                                                                        
                                                                                                                                
11:46:26 AM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
                    HB 325-DOMESTIC VIOLENCE                                                                                
                                                                                                                                
11:46:32 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL NO. 325, "An Act relating to domestic violence."                                                                     
                                                                                                                                
CHAIR CLAMAN sought final comment from committee members.                                                                       
                                                                                                                                
11:47:12 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE expressed concern  about classifying acts of                                                               
harassment, such as  revenge porn, as domestic  violence for fear                                                               
of minimizing [the  severity] of physical assault.   Ideally, she                                                               
said,  she would  want  to  create a  separate  section for  this                                                               
egregious  conduct; in  the meantime,  however, she  acknowledged                                                               
the  need to  provide a  tool for  individuals dealing  with this                                                               
type of harassment.                                                                                                             
                                                                                                                                
REPRESENTATIVE EASTMAN said  he would be objecting  to passing HB
325 from committee  because the bill would create a  new crime of                                                               
domestic violence for a non-violent act.                                                                                        
                                                                                                                                
REPRESENTATIVE KURKA  said he identified with  the remarks shared                                                               
by  the two  previous  speakers.   He  agreed  that revenge  porn                                                               
should be stiffly  penalized; however, he disagreed  with how the                                                               
bill classified the conduct as domestic violence.                                                                               
                                                                                                                                
11:53:14 AM                                                                                                                   
                                                                                                                                
CHAIR  CLAMAN characterized  the  rates of  domestic violence  in                                                               
Alaska  as appalling.   He  expressed his  support for  the bill;                                                               
however,  he  cautioned the  legislature  from  viewing it  as  a                                                               
solution  to the  problem.   He opined  that there  would be  few                                                               
changes without changed behavior.                                                                                               
                                                                                                                                
11:54:56 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease at 11:54 a.m.                                                                                     
                                                                                                                                
11:55:15 AM                                                                                                                   
                                                                                                                                
CHAIR CLAMAN asked the bill  sponsor, on behalf of Representative                                                               
Vance, to speak to the intent of the bill.                                                                                      
                                                                                                                                
11:55:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SARA  RASMUSSEN,  Alaska  State  Legislature,  as                                                               
prime sponsor,  explained that with the  prevalence of electronic                                                               
images and  revenge porn,  the state needed  a tool  for Alaskans                                                               
experiencing  this   type  of  domestic  violence   to  obtain  a                                                               
restraining  order against  the perpetrator.   She  expressed her                                                               
hope  that   the  cases  would   be  handled  seriously   by  law                                                               
enforcement without overextending  resources from cases involving                                                               
physical violence.                                                                                                              
                                                                                                                                
11:57:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DRUMMOND moved  to report HB 325  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
11:57:57 AM                                                                                                                   
                                                                                                                                
A roll  call vote  was taken.   Representatives  Vance, Drummond,                                                               
and  Claman voted  in favor  of HB  325.   Representative Eastman                                                               
voted against  it.   Therefore, HB  325 was  reported out  of the                                                               
House Judiciary Standing Committee by a vote of 3-1.                                                                            
                                                                                                                                
11:58:34 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 11:58 a.m.                                                                

Document Name Date/Time Subjects
HB 5 Work Draft Committee Substitute v. R 5.2.2022.pdf HJUD 5/2/2022 1:00:00 PM
HJUD 5/4/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Sectional Analysis v. R (Distributed by the HJUD Committee) 5.2.2022.pdf HJUD 5/2/2022 1:00:00 PM
HJUD 5/4/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Summary of Changes v. W to v. R (Distributed by the HJUD Committee) 5.2.2022.pdf HJUD 5/2/2022 1:00:00 PM
HJUD 5/4/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Fiscal Note DOA-PDA 5.3.2022.pdf HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Fiscal Note DOA-OPA 5.3.2022.pdf HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Fiscal Note DOC-IPO 5.3.2022.pdf HJUD 5/4/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Fiscal Note DPS-DET 5.2.2022.pdf HJUD 5/4/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Fiscal Note DPS-SCDL 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 5/6/2022 10:30:00 AM
HB 5
HB 5 Fiscal Note LAW-CRIM 5.5.2022.pdf HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 Fiscal Note JUD-ACS 5.6.2022.pdf HJUD 5/6/2022 10:30:00 AM
HB 5
HB 5 v. R Amendments #1-3 HJUD 5.6.2022.pdf HJUD 5/6/2022 10:30:00 AM
HB 5
HB 325 v. A 2.16.2022.PDF HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 325
HB 325 Sponsor Statement v. A 2.17.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
SJUD 5/16/2022 1:30:00 PM
HB 325
HB 325 Supporting Documents 2.17.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
SJUD 5/16/2022 1:30:00 PM
HB 325
HB 325 Supporting Document - ANDVSA Letter 5.3.2022.pdf HJUD 5/6/2022 10:30:00 AM
SJUD 5/16/2022 1:30:00 PM
HB 325
HB 325 Fiscal Note DPS-DET 2.19.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 325
HB 325 Fiscal Note DOC-IDO 2.25.2022.pdf HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 325
HB 325 Fiscal Note LAW-CRIM 2.18.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 325
HB 5 v. R Amendments #1-3 HJUD Final Votes 5.6.2022.pdf HJUD 5/6/2022 10:30:00 AM
HB 5