Legislature(2019 - 2020)GRUENBERG 120
03/20/2019 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB14 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 14 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 20, 2019
2:18 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chuck Kopp
Representative Laddie Shaw
Representative David Eastman
MEMBERS ABSENT
Representative Louise Stutes
Representative Adam Wool
COMMITTEE CALENDAR
HOUSE BILL NO. 14
"An Act relating to assault in the first degree; relating to sex
offenses; relating to the definition of 'dangerous instrument';
and providing for an aggravating factor at sentencing for
strangulation that results in unconsciousness."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 14
SHORT TITLE: ASSAULT; SEX OFFENSES; SENT. AGGRAVATOR
SPONSOR(s): REPRESENTATIVE(s) LINCOLN
02/20/19 (H) PREFILE RELEASED 1/7/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) STA, JUD
02/28/19 (H) STA AT 3:00 PM GRUENBERG 120
02/28/19 (H) Heard & Held
02/28/19 (H) MINUTE(STA)
03/07/19 (H) STA AT 3:00 PM GRUENBERG 120
03/07/19 (H) Moved CSHB 14(STA) Out of Committee
03/07/19 (H) MINUTE(STA)
03/08/19 (H) STA RPT CS(STA) 7DP
03/08/19 (H) DP: VANCE, LEDOUX, WOOL, SHAW, STORY,
KREISS-TOMKINS, FIELDS
03/20/19 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE JOHN LINCOLN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 14 as prime sponsor.
ROSE FOLEY, Staff
Representative John Lincoln
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis of HB 14
on behalf of Representative Lincoln, prime sponsor.
ISAAC WILLIAMS
No More Free Passes (NMFP)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 14.
JAENELL MANCHESTER
49th Rising
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 14.
CARMEN LOWRY, Executive Director
Alaska Network of Domestic Violence and Sexual Assault (ANDVSA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 14.
MARILYN CASTEEL, Executive Director
Safe and Free Environment (SAFE)
Dillingham, Alaska
POSITION STATEMENT: Testified in support of HB 14.
KACI SCHROEDER
Assistant Attorney General
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
14.
ACTION NARRATIVE
2:18:00 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 2:18 p.m. Representatives Eastman, Shaw,
LeDoux, Kopp, and Claman were present at the call to order.
HB 14-ASSAULT; SEX OFFENSES; SENT. AGGRAVATOR
2:18:44 PM
CHAIR CLAMAN announced that the only order of business would be
HOUSE BILL NO. 14 "An Act relating to assault in the first
degree; relating to sex offenses; relating to the definition of
'dangerous instrument'; and providing for an aggravating factor
at sentencing for strangulation that results in
unconsciousness." Before the committee was CSHB14(STA), Version
31-LS0182\G.
2:19:36 PM
REPRESENTATIVE JOHN LINCOLN, Alaska State Legislature,
introduced HB 14 as prime sponsor. He read from his sponsor
statement [original punctuation provided]:
House Bill 14 (HB 14) classifies the act of
ejaculating on a person without their consent as a sex
crime and recognizes the serious nature of
strangulation to the point of unconsciousness by
classifying the act as first degree assault and
including it in the list of aggravating factors for
sentencing.
In the fall of 2018 a plea deal agreement illuminated
the fact that ejaculating on a person without their
consent could not be prosecuted as a sex offense in
Alaska. This bill enhances sexual assault statutes by
adding unwanted contact with ejaculate to the
definitions of sexual assault in the third degree and
sexual abuse of a minor in the third degree, depending
on the age of the victim.
HB 14 also acknowledges the seriousness of
strangulation. Strangulation is prevalent in domestic
violence incidences, and 56% of women murdered in
Alaska in 2017 were killed by an intimate partner. A
study published by the Journal of Emergency Medicine
found that a prior non-fatal strangulation increases a
woman's likelihood of becoming a homicide victim by
700%, and non-fatal strangulation preceded 43% of
domestic homicides. This bill recognizes the gravity
of strangulation as a precursor to future violent
crimes.
REPRESENTATIVE LINCOLN thanked organizations that helped with
crafting HB 14 including 49th Rising, No More Free Passes
(NMFP), the Alaska Network on Domestic Violence & Sexual Assault
(ANDVSA), the Public Defender Agency, the Department of Law
(DOL), and several co-sponsors.
2:21:40 PM
ROSE FOLEY, Staff, Representative John Lincoln, Alaska State
Legislature, paraphrased the sectional analysis included in the
committee packet, which read:
Section 1: Amends AS 11.41.200(a), classifying
strangulation to the point of unconsciousness as
assault in the first degree.
Section 2: Amends AS 11.81.900(b)(15), clarifying that
"dangerous instrument" with relation to strangulation
includes hands or "other body parts".
Section 3: Amends AS 11.81.900(b)(60), to include in
the definition of sexual contact "the defendant's
knowingly causing the victim to come into contact with
ejaculate".
Section 4: Amends AS 12.55.155(c), adding
strangulation to the point of unconsciousness to the
list of aggravating factors to be considered at
sentencing.
Section 5: Establishes that the provisions are
applicable only to crimes committed on or after the
effective date of the legislation.
2:22:43 PM
CHAIR CLAMAN opened public testimony on HB 14.
2:23:24 PM
ISAAC WILLIAMS, No More Free Passes (NMFP), testified in support
of HB 14, which he said would restore public confidence by
closing loopholes exposed in the Justin Schneider case. He said
NMFP is pleased with how the bill addresses strangulation; he
called it one of the most dangerous and horrific things that
can happen to a victim. He stated that NMFP supports changes
made to the companion bill [ heard in the Senate Judiciary
Standing Committee. These changes include an added provision
requiring a prosecutor to make a reasonable effort to contact a
victim about a potential plea deal. He described another change
that would address strangulation that does not result in
unconsciousness. He said a third change would increase
penalties for strangulation from 0 to 2 years to 1 to 3 years.
He asked the committee to consider incorporating those changes.
He thanked the committee for hearing HB 14 and stressed its
importance.
2:26:46 PM
JAENELL MANCHESTER, 49th Rising, described 49th Rising as a
nonpartisan organization working "to make Alaska as safe as it
is beautiful." She said Alaska has the highest rate of reported
sexual assault in the country. She relayed a University of
Alaska Anchorage Justice Center study that found one in every
three Alaska women has experienced sexual violence in her
lifetime. She characterized those numbers as underestimates.
She said 49th Rising supports HB 14 because it would address
statutory deficiencies regarding strangulation. She noted that
strangulation leaves a devastating impact on victims and is
often associated with sexual and domestic violence. She
mentioned a study that found that women who have been strangled
are seven times more likely to be victims of attempted homicide.
She described the internal injuries that can result from
strangulation. She added that the psychological trauma
associated with strangulation can cause a victim to attempt
suicide. She remarked that HB 14 would also close statutory
loopholes relating to nonconsensual contact with ejaculate
matter. She referenced the Schneider case and described the
traumatizing effect of unpunished nonconsensual contact.
2:28:47 PM
CARMEN LOWRY, Executive Director, Alaska Network of Domestic
Violence and Sexual Assault (ANDVSA), said ANDVSA is a
membership-based organization comprised of 24 community-based
organizations providing life-saving services to victims and
survivors of domestic violence and sexual assault. She said
ANDVSA supports HB 14. She thanked Representative Lincoln for
introducing the bill and the committee for hearing it. She said
frequent discussion of sexual violence will help dispel the
culture of silence that makes it a difficult topic to broach.
MS. LOWRY said she is mindful that legislation dealing with
these issues is brought to the forefront "because of victims...
[and] survivors." She cited the Schneider case as well as the
murder of Ashley Johnson-Barr. Ms. Lowry discussed a
conversation with Ashley Johnson-Barr's father. She said it is
good to see strangulation recognized in HB 14. She noted that
it requires only 10 seconds for a strangulation victim to lose
consciousness. She added that she feels the provision
addressing nonconsensual contact with ejaculate is critical
because of the fear and intimidation that results from such a
situation.
2:32:24 PM
MARILYN CASTEEL, Executive Director, Safe and Free Environment
(SAFE), identified herself as Alaska Native and a survivor of
domestic assault. She said, according to the Alaska
Victimization Survey for the Bristol Bay region, she is one of
50 percent of adult women in the region to have experienced
intimate partner violence, sexual violence, or both. She said
SAFE is a member of ANDVSA and that, in fiscal year 2018, it
provided sex abuse services to 193 adults and 36 children in the
Bristol Bay region. She affirmed SAFE's support of HB 14, which
she said recognizes the lethality and impact of strangulation,
specifically in sex cases. She said HB 14 also recognizes the
danger that "other body parts" pose as dangerous instruments.
She said she supports making it a sex offense to ejaculate on
someone without consent. She added that a person convicted for
that crime should be required to register as a sex offender.
She said it is good to know that she is a strong Alaska Native
woman who is able to speak on behalf of all victims of violence
who cannot and do not have a voice. She reaffirmed her support
for the bill.
2:35:30 PM
CHAIR CLAMAN, after ascertaining that no one else wished to
testify, closed public testimony on HB 14.
2:36:12 PM
REPRESENTATIVE EASTMAN asked how contact" will be defined as
used in section 3. He asked if it has to be direct or if it can
be indirect.
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law, said "contact" would be defined as it is in
Webster's Dictionary and that it would essentially mean
"touching." She noted that, in the context of the legislation,
it is "touching with the substance that is named ... in the
bill."
2:37:10 PM
REPRESENTATIVE EASTMAN referred to section 2, which relates to
AS 11.81.900(b)(15) and the definition of "dangerous
instrument." He asked as to the purpose of subparagraph B and
why the items mentioned therein are not already incorporated in
subparagraph A.
MS. SCHROEDER said subparagraph B was added "a number of years
ago" specifically to target strangulation. She said that, while
it may appear upon initial reading that subparagraph A may cover
that, there was debate about whether that was the case. She
said, rather than litigate the issue, the decision was made to
ask the legislature to change the law to make clear that hands
could be identified as a dangerous instrument.
2:39:16 PM
REPRESENTATIVE EASTMAN asked a question regarding how statute
distinguishes between unwanted sexual contact and consensual
sexual contact. He noted that some jurisdictions are
comprehensive in detailing the expression of consent for any
type of sexual event. He asked how the language proposed by HB
14 would be interpreted in this regard.
MS. SCHROEDER said Alaska sexual assault statutes require
conduct to be "without consent," which is specifically defined
as "with or without resisting, the victim is coerced by the use
of force against person or property by the express or implied
threat of death, imminent physical injury, or kidnapping to be
inflicted on anyone, or if the victim is incapacitated by the
actions of the defendant." She said DOL is required to meet
that definition to charge sexual assault.
2:41:16 PM
REPRESENTATIVE LEDOUX asked if this statute would cover a
situation in which an offender ejaculates into a victim's
handbag.
MS. SCHROEDER said the statute in question relates to sexual
assault, which requires "without consent" which in turn requires
some force. She said she does not see any force in
Representative LeDoux's hypothetical so she does not think it
would qualify.
REPRESENTATIVE LEDOUX asked "even if it's without consent?
MS. SCHROEDER said "without consent" has a specific statutory
definition. She said the hypothetical situation does not
include the necessary coercion or force required for it to
qualify.
REPRESENTATIVE LEDOUX responded, "It would just be disgusting
without being necessarily illegal."
MS. SCHROEDER said it might fall under the harassment statute,
which is "with the intent to harass or annoy."
2:42:28 PM
REPRESENTATIVE EASTMAN recounted an incident that took place
during a prison tour during which an inmate threw semen on his
friend. He asked how the law would treat that situation.
MS. SCHROEDER said she does not think that situation qualifies
as sexual assault. She said the situation is more akin to
harassment in the first degree, which was enacted to protect
correctional officers. She said harassment in the first degree
is a class A misdemeanor. She added that it is not a sex
offense and does not require sex offender registration.
2:43:42 PM
CHAIR CLAMAN announced that HB 14 would be held for further
review.
2:44:06 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:44 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB014 ver G 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Sponsor Statement 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Sectional Analysis ver G 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Summary of Changes ver K to ver G 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Supporting Document-Letters 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Fiscal Note DHSS-PS 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Fiscal Note LAW-CRIM 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Fiscal Note DPS-DET 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Fiscal Note DOA-OPA 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Fiscal Note DOA-PDA 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |
| HB014 Fiscal Note DOC-IDO 3.20.19.pdf |
HJUD 3/20/2019 1:30:00 PM HJUD 4/15/2019 1:00:00 PM HJUD 4/16/2019 5:15:00 PM |
HB 14 |