Legislature(2019 - 2020)GRUENBERG 120
03/15/2019 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Consideration of Governor's Appointees: Ak Judicial Council | |
| HB52 | |
| HB77 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 77 | TELECONFERENCED | |
| += | HB 52 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 15, 2019
1:32 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Chuck Kopp
Representative Louise Stutes
Representative Adam Wool
Representative Laddie Shaw
Representative David Eastman
MEMBERS ABSENT
Representative Gabrielle LeDoux, Vice Chair
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Appointee, Alaska Judicial Council
David Parker - Wasilla
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 52
"An Act eliminating marriage as a defense to certain crimes of
sexual assault; relating to enticement of a minor; relating to
harassment in the first degree; relating to harassment in the
second degree; relating to indecent viewing or production of a
picture; relating to the definition of 'sexual contact';
relating to assault in the second degree; relating to
sentencing; relating to prior convictions; relating to the
definition of 'most serious felony'; relating to the definition
of 'sexual felony'; relating to the duty of a sex offender or
child kidnapper to register; relating to eligibility for
discretionary parole; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 77
"An Act relating to the number of superior court judges in the
third judicial district; and providing for an effective date."
- MOVED HB 77 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 52
SHORT TITLE: CRIMES;SEX CRIMES;SENTENCING; PAROLE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) JUD, FIN
03/11/19 (H) JUD AT 1:30 PM GRUENBERG 120
03/11/19 (H) Heard & Held
03/11/19 (H) MINUTE(JUD)
03/15/19 (H) JUD AT 1:30 PM GRUENBERG 120
BILL: HB 77
SHORT TITLE: NUMBER OF SUPERIOR COURT JUDGES
SPONSOR(s): RULES BY REQUEST
02/27/19 (H) READ THE FIRST TIME - REFERRALS
02/27/19 (H) JUD, FIN
03/13/19 (H) JUD AT 1:30 PM GRUENBERG 120
03/13/19 (H) Heard & Held
03/13/19 (H) MINUTE(JUD)
03/15/19 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
DAVID PARKER
Wasilla, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
KATIE BOTZ
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 52.
MICHELE VASQUEZ
Soldotna, Alaska
POSITION STATEMENT: Testified in support of HB 52 though asked
for it to be amended.
MAXINE DOOGAN
Community United for Safety Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 52 and
asked for it to be amended.
TERRA BURNS
Community United for Safety Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 52 and
asked for it to be amended.
NANCY MEADE, General Counsel
Alaska Court System
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
77.
ACTION NARRATIVE
1:32:09 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:32 p.m. Representatives Wool, Shaw,
Stutes, Kopp, Eastman, and Claman were present at the call to
order.
^Consideration of Governor's Appointees: AK Judicial Council
Consideration of Governor's Appointees: AK Judicial Council
1:32:52 PM
CHAIR CLAMAN announced that the first order of business would be
a confirmation hearing for the governor's appointment to the
Alaska Judicial Council (AJC). He opened public testimony for
the hearing.
1:33:28 PM
DAVID PARKER said he has been reappointed to AJC after having
served on the council for the last (indisc.) years as a non-
attorney member. He shared details of his professional history
including his work as a teacher in the Yemen Arab Republic (YAR)
and as a pastor in Alaska, Oregon, Washington, Ivory Coast, and
France. He said he became a police officer with the Anchorage
Police Department (APD) in 1995 and a detective in 1998. He
said he began to specialize in crimes against children in 1999.
He said he was promoted to sergeant in 2003 and had the
responsible for restarting the Sexual Assault Response Team
program with the Department of Health and Social Services. He
shared his professional experience related to crimes against
children, including his involvement in establishing a
multidisciplinary centernow emulated in other parts of the
state. He said he was promoted to detective lieutenant in 2007
and oversaw units dedicated to crimes against children, sexual
assault, cybercrimes, and vice. He said he became APD's public
information officer (PIO) in 2008. He acknowledged that Chair
Claman served as acting-mayor of Anchorage during the time he
was PIO.
CHAIR CLAMAN said he remembers well Mr. Parker's service to APD.
MR. PARKER said he retired from APD at the end of 2012 and moved
on to the Palmer Police Department, where he served from 2013 to
2017 as a part-time patrol officer because the department was
short-handed. He said, after 21 years of law enforcement
experience, he was appointed to AJC by Governor Sean Parnell.
He mentioned he has had the privilege of serving under three
governors and three chief justices. He said he has enjoyed his
time on AJC and that he feels it is important for Alaska to have
the most qualified, fair, and capable judiciary.
1:37:35 PM
CHAIR CLAMAN ascertained that there were no questions from
committee members. Also seeing no one else wishing to testify,
he closed public testimony for the hearing.
1:38:30 PM
REPRESENTATIVE STUTES said Mr. Parker appears to be an excellent
candidate. She said it is fortunate that he has elected to
serve on AJC.
REPRESENTATIVE EASTMAN thanked Mr. Parker for his willingness to
serve. He noted that he was happy to see involvement in various
organizations and activities on Mr. Parker's resume, including
involvement with the Alaska Peace Officers' Association (APOA).
REPRESENTATIVE WOOL echoed the comments of Representatives
Stutes and Eastman.
REPRESENTATIVE KOPP said, "Keep up the good work, Dave."
REPRESENTATIVE SHAW said he was happy to hear from Mr. Parker
and congratulated him.
CHAIR CLAMAN shared his appreciation for Mr. Parker's continued
public service. He recalled Mr. Parker's efforts in organizing
an investigatory unit for crimes against children and how
effective the unit was for APD. He cited the importance of
having an appointee who has served on AJC and knows the
importance of vetting judiciary applicants.
1:40:26 PM
REPRESENTATIVE STUTES stated that the House Judiciary Standing
Committee has reviewed the qualifications of the Governor's
appointee and recommends the following name be forwarded to a
joint session for consideration: Dave Parker, Alaska Judicial
Council. She said this does not reflect intent by any of the
members to vote for or against this individual during any
further sessions for the purposes of confirmation.
CHAIR CLAMAN said Mr. Parker's name will be forward to the joint
session.
HB 52-CRIMES;SEX CRIMES;SENTENCING; PAROLE
1:41:05 PM
CHAIR CLAMAN announced that the next order of business would be
HOUSE BILL NO. 52 "An Act eliminating marriage as a defense to
certain crimes of sexual assault; relating to enticement of a
minor; relating to harassment in the first degree; relating to
harassment in the second degree; relating to indecent viewing or
production of a picture; relating to the definition of 'sexual
contact'; relating to assault in the second degree; relating to
sentencing; relating to prior convictions; relating to the
definition of 'most serious felony'; relating to the definition
of 'sexual felony'; relating to the duty of a sex offender or
child kidnapper to register; relating to eligibility for
discretionary parole; and providing for an effective date."
1:42:00 PM
CHAIR CLAMAN opened public testimony on HB 52.
1:42:57 PM
KATIE BOTZ relayed her experience as a victim of sexual abuse.
[Due to technical difficulties, much of Ms. Botz's testimony was
indiscernible. She had read from a similar prepared statement
during the Senate Judiciary Standing Committee meeting on
February 18, 2019. She gave permission for that testimony to be
reflected in this record.]
MS. BOTZ said she was originally from Kodiak, where she was the
victim of sexual abuse at the age of 12. She said many
statistics show that victims often know their rapist. In this
case, she said, her rapist was an 18-year-old friend of her
brother. She detailed her efforts to hide from her abuser, who
was welcome in the house and worked around her family members'
schedules to abuse her. She said her mother caught him in the
act, which broke her mother's heart. She discussed the testing
of her rape kit and the involvement of the police and court
system. She said she wishes her abuser had received more than
six years in prison. She noted that she remembers the abuse as
if it happened yesterday. She explained that she cried herself
to sleep every night for five years and how she feared sleep
because of chronic nightmares. She said she did not speak to
anyone about her nightmares, possibly because of the stigma and
embarrassment of being a victim. She said she wishes her abuser
served more than six years in prison because it took her 12
years to recover. She added that sexual abuse is a topic too
difficult for some victims to discuss. She remarked that Alaska
has the highest sex crime rate in America and only one percent
of predators end up in jail. She said if the government wants
to protect the public, something must be done about this.
[MS. BOTZ, during the Senate Judiciary Standing Committee
meeting on February 18, 2019, also spoke against outside
residents coming to Alaska to dodge sex offender registration.
She said all Alaskan residents should have the right to know who
they are associating with. She said incitement of a minor is
still a crime, regardless of how it is committed. She noted
that sexual harassment is not often properly respected by
authorities, which makes it difficult for victims to go to a
supervisor. She asked for something to help victims feel more
comfortable reporting sexual harassment. She said imprisonment
of less than ten years for serious crimes does not do justice
for victims, noting that a victim will suffer for a lot longer
than that ten years. She urged a sentence of 20 years for
victims aged 13 and older and 30 years for victims under 13, so
that victims can have peace of mind.]
1:46:26 PM
MICHELE VASQUEZ said she whole-heartedly supports HB 52 though
asked that the bill be amended to make it a third- or fourth-
degree sexual assault for anyone in law enforcement to have
sexual contact or penetration with anyone during an active
criminal investigation. She called that behavior
"reprehensible" and said it should not be tolerated. She said,
given Alaska's position as the state with the highest rate of
sexual assault, legislators should make a clear statement that
nobody is above the law when it comes to sexual assault. She
said all Alaskans should be protected.
1:47:40 PM
MAXINE DOOGAN, representing Community United for Safety
Protection (CUSP), explained that CUSP is an advocacy group for
current and former sex workers, sex trafficking victims, and
their allies. She asked that HB 52 be amended to include
language making police officers guilty of third- or fourth-
degree felony sexual assault if they have sexual contact or
penetration with anyone that they are investigating for
prostitution or sex trafficking. She cited a CUSP survey that
found 90 percent of Alaska voters support making it a criminal
offense.
1:49:11 PM
TERRA BURNS, also representing Community United for Safety
Protection, asked for HB 52 to be amended to make it third- or
fourth-degree sexual assault for a police officer to sexually
penetrate or have sexual contact with people under active
investigation during an active criminal investigation. She said
she did her graduate research at University of Alaska Fairbanks
on the lived experiences and policy recommendations of people in
Alaska's sex trade. She said approximately a quarter of sex
workers say they have been sexually assaulted by a police
officer. She added that 60 percent of sex trafficking victims
say they have been sexually assaulted by a police officer. She
explained that APD conducts stings as a primary way to identify
sex trafficking victims. She said CUSP is aware of cases in
which people have called 911 to say that they were sex
trafficking victims and then, instead of following up with them,
APD conducted a prostitution sting operation where officers had
sexual contact with them. She stressed that victims of sex
crimes should be treated equally and not be subject to
revictimization by law enforcement. She said this is a common-
sense amendment as the committee is already looking to adjust
the sexual assault statute. She restated that 90 percent of
Alaska voters want to see this happen. She thanked the
committee members for their work addressing sex crimes.
1:51:15 PM
CHAIR CLAMAN ascertained there were no further people wishing to
testify. He closed public testimony on HB 52.
1:52:24 PM
CHAIR CLAMAN announced the bill would be held for further
review.
HB 77-NUMBER OF SUPERIOR COURT JUDGES
1:52:27 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 77 "An Act relating to the number of superior
court judges in the third judicial district; and providing for
an effective date."
1:53:15 PM
REPRESENTATIVE EASTMAN asked if there are any metrics or
anecdotes regarding the relative busyness of the judicial
districts. He asked if workloads are fairly uniform across
districts or if they are significantly different.
1:54:07 PM
NANCY MEADE, General Counsel, Alaska Court System, said the
courts are "relatively of the same busyness" but they do not
have the same caseloads and activity across the state. She said
the five busiest courts are Anchorage, Kenai, Palmer, Fairbanks,
and Juneau. She said Bethel is a busy court, as is Ketchikan at
times. She said there is not an even number of cases per judge
across the state. She noted that judges also share
responsibilities and activities, so if one judge has a long
criminal trial, for example, another can fill in. She said
there is movement and sharing of responsibilities within
districts.
1:55:19 PM
REPRESENTATIVE EASTMAN asked for confirmation that the court
system found it easy to determine that the two new seats should
be included in the Third Judicial District.
MS. MEADE confirmed this.
1:55:53 PM
CHAIR CLAMAN mused on his experience trying cases in Valdez,
Cordova, and Homer. He recalled how Chief Justice Joel H.
Bolger, when he was the district court judge in Valdez, would
travel to Cordova to help pick up cases. He recalled other
examples of what he called "not the most efficient setup"
regarding judges having to travel to preside in other locations.
1:56:45 PM
REPRESENTATIVE STUTES moved to report HB 77 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 77 was moved from the House
Judiciary Standing Committee.
1:57:28 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:57 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Alaska Judicial Council Appointment-Dave Parker Application 3.15.19.pdf |
HJUD 3/15/2019 1:30:00 PM |
|
| HB077 ver A 3.13.19.PDF |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |
| HB077 Sponsor Statement 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |
| HB077 Fiscal Note JUD-ACS 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |
| HB052 ver A 3.11.19.PDF |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Transmittal Letter 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Sectional Analysis ver A 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Bill Highlights 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Additional Document-Indecent Viewing or Production 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Additional Document-Indecent Viewing or Production - Consent 3.15.19.pdf |
HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Fiscal Note DHSS-PS 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Fiscal Note LAW-CRIM 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Fiscal Note DPS-CJISP 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Fiscal Note DOA-OPA 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Fiscal Note DOA-PDA 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Fiscal Note DOC-IDO 3.11.19.pdf |
HJUD 3/15/2019 1:30:00 PM |
HB 52 |
| HB052 Fiscal Note DOC-PB 3.11.19.pdf |
HJUD 3/11/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 52 |