03/05/2025 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB101 | |
| HB77|| HB97|| HB106 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 101 | TELECONFERENCED | |
| += | HB 77 | TELECONFERENCED | |
| += | HB 106 | TELECONFERENCED | |
| += | HB 97 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 5, 2025                                                                                          
                           1:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Andrew Gray, Chair                                                                                               
Representative Chuck Kopp, Vice Chair                                                                                           
Representative Ted Eischeid                                                                                                     
Representative Genevieve Mina                                                                                                   
Representative Sarah Vance                                                                                                      
Representative Mia Costello                                                                                                     
Representative Jubilee Underwood                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 101                                                                                                              
"An Act relating to civil claims  by victims of sexual abuse to a                                                               
minor; relating  to homicide;  relating to  assault in  the third                                                               
degree;  relating to  stalking;  relating to  sexual  abuse of  a                                                               
minor;   relating  to   enticement  of   a  minor;   relating  to                                                               
endangering  the  welfare  of  a   child;  relating  to  indecent                                                               
exposure;  relating to  sending  an explicit  image  of a  minor;                                                               
relating to solicitation or production  of an indecent picture of                                                               
a  minor;  relating  to  distribution  of  indecent  material  to                                                               
minors;  relating  to  the  testimony  of  children  in  criminal                                                               
proceedings;  relating  to  sentencing;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 101(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 77                                                                                                               
"An Act making the theft of  mail or an article within mail theft                                                               
in the second degree."                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 97                                                                                                               
"An Act  relating to theft;  relating to organized  retail theft;                                                               
relating to  property crimes; relating to  aggravating factors at                                                               
sentencing;  establishing  a  statewide  marketplace  facilitator                                                               
sales tax; and establishing the organized retail theft fund in                                                                  
the general fund."                                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 106                                                                                                              
"An Act relating to organized theft; relating to theft of                                                                       
medical records and medical information; relating to mail theft;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 101                                                                                                                  
SHORT TITLE: CRIMES AGAINST MINORS                                                                                              
SPONSOR(s): REPRESENTATIVE(s) GRAY                                                                                              
                                                                                                                                
02/12/25       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/25       (H)       JUD, FIN                                                                                               
02/17/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/17/25       (H)       Heard & Held                                                                                           
02/17/25       (H)       MINUTE(JUD)                                                                                            
02/24/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/24/25       (H)       Heard & Held                                                                                           
02/24/25       (H)       MINUTE(JUD)                                                                                            
03/05/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB  77                                                                                                                  
SHORT TITLE: MAIL THEFT                                                                                                         
SPONSOR(s): REPRESENTATIVE(s) COULOMBE                                                                                          
                                                                                                                                
01/31/25       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/31/25       (H)       JUD, FIN                                                                                               
02/21/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/21/25       (H)       Heard & Held                                                                                           
02/21/25       (H)       MINUTE(JUD)                                                                                            
03/05/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB  97                                                                                                                  
SHORT TITLE: ORG. RETAIL THEFT/FUND;MKTPLACE SALES TAX                                                                          
SPONSOR(s): REPRESENTATIVE(s) FIELDS                                                                                            
                                                                                                                                
02/12/25       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/25       (H)       JUD, FIN                                                                                               
02/26/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/26/25       (H)       Heard & Held                                                                                           
02/26/25       (H)       MINUTE(JUD)                                                                                            
03/05/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 106                                                                                                                  
SHORT TITLE: THEFT: ORGANIZED; MED. RECORDS; MAIL                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/14/25       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/25       (H)       JUD, FIN                                                                                               
02/24/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/24/25       (H)       Heard & Held                                                                                           
02/24/25       (H)       MINUTE(JUD)                                                                                            
03/05/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BOB BALLINGER, Staff                                                                                                            
Representative Sarah Vance                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Offered an explanation of Amendment 1 to HB
101 on behalf of Representative Vance, prime sponsor.                                                                           
                                                                                                                                
JOHN SKIDMORE, Deputy Attorney General                                                                                          
Criminal Division, Department of Law                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Offered a comparison of HB 77, HB 97, and                                                                
HB 106.                                                                                                                         
                                                                                                                                
RYAN SHELDON, Staff                                                                                                             
Representative Julie Coulombe                                                                                                   
Alaska State Legislature                                                                                                        
POSITION STATEMENT:  Answered questions during the hearing on HB
77, HB 97, and HB 106, on behalf of Representative Coulombe,                                                                    
prime sponsor of HB 77.                                                                                                         
                                                                                                                                
REPRESENTATIVE ZACK FIELDS                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As the prime sponsor of HB 97, answered                                                                  
questions during the hearing on HB 77, HB 97, and HB 106.                                                                       
                                                                                                                                
EVAN ANDERSON, Staff                                                                                                            
Representative Zack Fields                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
77, HB 97, and HB 106,  on behalf of Representative Fields, prime                                                               
sponsor.                                                                                                                        
                                                                                                                                
ROBERT MACKEY, representing self                                                                                                
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 77.                                                                           
                                                                                                                                
MARIAH MENDOZA, retail Security Director                                                                                        
Anchorage 5th Avenue Mall                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 97.                                                                           
                                                                                                                                
ROSE FELICIANO, Executive Director of Washington/Northwest                                                                      
TechNet                                                                                                                         
Olympia, Washington                                                                                                             
POSITION STATEMENT:  Testified in opposition to HB 97.                                                                        
                                                                                                                                
NATHAN WERNER, Captain                                                                                                          
Fairbanks Police Department                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 97.                                                                           
                                                                                                                                
DAVE CAVITT, Owner                                                                                                              
Furniture Enterprises of Alaska                                                                                                 
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 97.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:04:55 PM                                                                                                                    
                                                                                                                                
CHAIR ANDREW  GRAY called the House  Judiciary Standing Committee                                                             
meeting to order  at 1:04 p.m.   Representatives Underwood, Mina,                                                               
Eischeid,  Vance, and  Gray were  present at  the call  to order.                                                               
Representatives Costello and  Kopp arrived as the  meeting was in                                                               
progress.                                                                                                                       
                                                                                                                                
                  HB 101-CRIMES AGAINST MINORS                                                                              
                                                                                                                                
1:06:18 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  announced that the  first order of business  would be                                                               
HOUSE BILL NO.  101, "An Act relating to civil  claims by victims                                                               
of sexual  abuse to  a minor; relating  to homicide;  relating to                                                               
assault in  the third degree;  relating to stalking;  relating to                                                               
sexual  abuse of  a minor;  relating  to enticement  of a  minor;                                                               
relating  to endangering  the  welfare of  a  child; relating  to                                                               
indecent exposure;  relating to  sending an  explicit image  of a                                                               
minor;  relating to  solicitation  or production  of an  indecent                                                               
picture  of  a  minor;  relating   to  distribution  of  indecent                                                               
material  to minors;  relating to  the testimony  of children  in                                                               
criminal proceedings;  relating to sentencing; and  providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
1:06:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  moved to  adopt  Amendment  1 to  HB  101,                                                               
labeled 34-LS0451\A.3, C. Radford, 3/4/25, which read:                                                                          
                                                                                                                                
     Page 4, line 14:                                                                                                           
          Following "child":                                                                                                    
          Insert "who is"                                                                                                   
          Following the second occurrence of "age":                                                                             
          Insert "and at least two years younger than the                                                                   
     offender"                                                                                                              
                                                                                                                                
     Page 7, line 15:                                                                                                           
          Delete "A person"                                                                                                     
          Insert "An offender [A PERSON]"                                                                                   
          Delete the second occurrence of "person"                                                                              
          Insert "offender [PERSON]"                                                                                        
                                                                                                                                
     Page 7, line 19, following "age":                                                                                          
          Insert "and at least four years younger than the                                                                  
     offender"                                                                                                              
                                                                                                                                
     Page 7, line 20:                                                                                                           
          Delete the first occurrence of "person"                                                                               
          Insert "offender [PERSON]"                                                                                        
                                                                                                                                
     Page 7, line 21, following "age":                                                                                          
          Insert "and at least four years younger than the                                                                  
     offender"                                                                                                              
                                                                                                                                
     Page 7, following line 25:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 12. AS 11.41.452(e) is amended to read:                                                                     
          (e)  Enticement of a minor is a class A felony if                                                                     
     the  offender  [DEFENDANT]  was,  at the  time  of  the                                                                
     offense,  required to  register  as a  sex offender  or                                                                    
     child  kidnapper under  AS 12.63  or a  similar law  of                                                                    
     another jurisdiction."                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 21:                                                                                                           
          Delete "A person"                                                                                                     
          Insert "An offender [A PERSON]"                                                                                   
                                                                                                                                
     Page 9, line 23:                                                                                                           
          Delete "person"                                                                                                       
          Insert "offender [PERSON]"                                                                                        
                                                                                                                                
     Page 9, line 26:                                                                                                           
          Delete "that"                                                                                                         
          Insert "who [THAT]"                                                                                               
          Delete "person"                                                                                                       
          Insert "offender [PERSON]"                                                                                        
          Following "age":                                                                                                      
          Insert "and at least four years younger than the                                                                  
     offender"                                                                                                              
                                                                                                                                
     Page 9, line 28:                                                                                                           
          Delete the second occurrence of "person"                                                                              
          Insert "offender [PERSON]"                                                                                        
                                                                                                                                
     Page 9, line 29, following "age":                                                                                          
          Insert "and at least four years younger than the                                                                  
     offender"                                                                                                              
                                                                                                                                
     Page 9, line 30:                                                                                                           
          Delete "person"                                                                                                       
          Insert "offender [PERSON]"                                                                                        
                                                                                                                                
     Page 10, following line 23:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 22. AS 11.61.128(e) is amended to read:                                                                     
          (e)  Distribution of indecent material to minors                                                                      
     is a  class B felony  if the offender  [DEFENDANT] was,                                                                
     at the time  of the offense, required to  register as a                                                                    
     sex  offender or  child kidnapper  under AS 12.63  or a                                                                    
     similar law of another jurisdiction."                                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 22, following line 29:                                                                                                
          Insert a new paragraph to read:                                                                                       
               "(12)  AS 11.41.452(e), as amended by sec.                                                                       
     12 of this Act;"                                                                                                           
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 22, line 30:                                                                                                          
          Delete "sec. 12"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
     Page 22, line 31:                                                                                                          
          Delete "sec. 13"                                                                                                      
          Insert "sec. 14"                                                                                                      
                                                                                                                                
     Page 23, line 1:                                                                                                           
          Delete "sec. 14"                                                                                                      
          Insert "sec. 15"                                                                                                      
                                                                                                                                
     Page 23, line 2:                                                                                                           
          Delete "sec. 15"                                                                                                      
          Insert "sec. 16"                                                                                                      
                                                                                                                                
     Page 23, line 3:                                                                                                           
          Delete "sec. 16"                                                                                                      
          Insert "sec. 17"                                                                                                      
                                                                                                                                
     Page 23, line 4:                                                                                                           
          Delete "sec. 17"                                                                                                      
          Insert "sec. 18"                                                                                                      
                                                                                                                                
     Page 23, line 5:                                                                                                           
          Delete "sec. 18"                                                                                                      
          Insert "sec. 19"                                                                                                      
                                                                                                                                
     Page 23, line 6:                                                                                                           
          Delete "sec. 19"                                                                                                      
          Insert "sec. 20"                                                                                                      
                                                                                                                                
     Page 23, line 7:                                                                                                           
          Delete "sec. 20"                                                                                                      
          Insert "sec. 21"                                                                                                      
                                                                                                                                
     Page 23, following line 7:                                                                                                 
          Insert a new paragraph to read:                                                                                       
               "(22)  AS 11.61.128(e), as amended by sec.                                                                       
     22 of this Act;"                                                                                                           
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 23, line 8:                                                                                                           
          Delete "sec. 21"                                                                                                      
          Insert "sec. 23"                                                                                                      
                                                                                                                                
     Page 23, line 9:                                                                                                           
          Delete "sec. 22"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 23, line 10:                                                                                                          
          Delete "sec. 23"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 23, line 11:                                                                                                          
          Delete "sec. 24"                                                                                                      
          Insert "sec. 26"                                                                                                      
                                                                                                                                
     Page 23, line 12:                                                                                                          
          Delete "sec. 25"                                                                                                      
          Insert "sec. 27"                                                                                                      
                                                                                                                                
     Page 23, line 13:                                                                                                          
          Delete "sec. 26"                                                                                                      
          Insert "sec. 28"                                                                                                      
                                                                                                                                
     Page 23, line 14:                                                                                                          
          Delete "sec. 27"                                                                                                      
     Insert "sec. 29"                                                                                                           
                                                                                                                                
REPRESENTATIVE MINA objected for the purpose of discussion.                                                                     
                                                                                                                                
1:06:55 PM                                                                                                                    
                                                                                                                                
BOB BALLINGER,  Staff, Representative  Sarah Vance,  Alaska State                                                               
Legislature, on  behalf of  Representative Vance,  prime sponsor,                                                               
stated  that in  trying  to stay  consistent  with current  code,                                                               
Amendment  1 would  incorporate  the two-year  age  gap that  was                                                               
"built in" with  regard to increasing the age of  consent from 16                                                               
to 18 years old.  It  would also replace "person" with "offender"                                                               
in several places and make necessary conforming changes.                                                                        
                                                                                                                                
1:10:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EISCHEID  sought  to  confirm  that  in  essence,                                                               
Amendment 1 would take the  Romeo and Juliet exemption and change                                                               
the current proposed four-year age gap to two years.                                                                            
                                                                                                                                
MR. BALLINGER  responded yes, but  only in certain sections.   He                                                               
explained that the  Romeo and Juliet exemption is  four years for                                                               
consent; however,  instead of incorporating that,  the bill would                                                               
use the current  two-year gap "that was there because  of the 16-                                                               
year-old difference."                                                                                                           
                                                                                                                                
1:11:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MINA  removed  her  objection.   There  being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:12:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  moved to report  HB 101, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  VANCE objected  for  the  purpose of  discussion.                                                               
She said  her focus is on  the vulnerability of youth  and people                                                               
who  take advantage  of them.   She  said the  bill would  have a                                                               
great  impact on  many young  people who  feel like  they lack  a                                                               
strong legal  defense in court.   She opined that  the simplicity                                                               
of  the bill  would help  people wrap  their mind  around it  and                                                               
expressed her hope that this  year, the legislature would provide                                                               
justice  for minors  with a  law that  stands behind  them.   She                                                               
removed her objection.                                                                                                          
                                                                                                                                
CHAIR GRAY objected.   He reiterated that the intent  of the bill                                                               
is  to provide  protections for  vulnerable 16-  and 17-year-olds                                                               
who  are  particularly vulnerable  to  predators  because of  the                                                               
current age of consent in Alaska.   He explained that Amendment 1                                                               
would  ensure that  HB  101 would  not  inadvertently create  new                                                               
crimes.  He shared his belief  that passing the bill would be one                                                               
of the  most important steps  to protecting 16-  and 17-year-olds                                                               
from abuse in Alaska.                                                                                                           
                                                                                                                                
1:15:31 PM                                                                                                                    
                                                                                                                                
CHAIR  GRAY  removed  his  objection.   There  being  no  further                                                               
objection, CSHB 101(JUD) was reported  out of the House Judiciary                                                               
Standing Committee.  He authorized  Legislative Legal services to                                                               
make any necessary or conforming changes.                                                                                       
                                                                                                                                
1:16:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:16 p.m. to 1:20 p.m.                                                                       
                                                                                                                                
                       HB  77-MAIL THEFT                                                                                    
        HB  97-ORG. RETAIL THEFT/FUND;MKTPLACE SALES TAX                                                                    
          HB 106-THEFT: ORGANIZED; MED. RECORDS; MAIL                                                                       
                                                                                                                                
1:20:21 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  announced that  the next order  of business  would be                                                               
HOUSE  BILL NO.  77,  "An Act  making  the theft  of  mail or  an                                                               
article within  mail theft in  the second degree" and  HOUSE BILL                                                               
NO. 97, "An  Act relating to theft; relating  to organized retail                                                               
theft;  relating  to  property crimes;  relating  to  aggravating                                                               
factors  at  sentencing;  establishing  a  statewide  marketplace                                                               
facilitator  sales tax;  and  establishing  the organized  retail                                                               
theft fund in  the general fund" and HOUSE BILL  NO. 106, "An Act                                                               
relating  to  organized  theft;  relating  to  theft  of  medical                                                               
records  and medical  information;  relating to  mail theft;  and                                                               
providing  for  an  effective  date."    [Before  the  committee,                                                               
adopted  as the  working document  on 2/21/25,  was the  proposed                                                               
committee  substitute (CS)  for  HB 77,  Version 34-LS0144\H,  C.                                                               
Radford, 2/20/25 ("Version H").]                                                                                                
                                                                                                                                
1:20:53 PM                                                                                                                    
                                                                                                                                
JOHN  SKIDMORE,  Deputy   Attorney  General,  Criminal  Division,                                                               
Department of  Law (DOL), offered  a comparison  of HB 77  and HB
106 from  a document,  titled "HB  77 HB  97 HB  106 Comparisons"                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Comparison of HB 77 and HB 106                                                                                             
                                                                                                                                
     •Mail Theft:                                                                                                               
          O HB 77 expands theft in the second degree to                                                                         
          include all types of mail, making it a class C                                                                        
          felony regardless of value.                                                                                           
          O HB 106 includes mail theft under theft in the                                                                       
         third degree, making it a class A misdemeanor.                                                                         
     •Medical Records:                                                                                                          
          O  HB 106  establishes  that theft  in the  second                                                                    
          degree includes  the theft  of medical  records or                                                                    
          other  medical information,  making it  a class  C                                                                    
          felony.                                                                                                               
          O HB 77 does not address medical records.                                                                             
     •Organized Theft:                                                                                                          
          O  HB  106  establishes  the  crime  of  organized                                                                    
          theft,   where   a   person   commits   theft   in                                                                    
          coordination  with three  or more  individuals who                                                                    
          have  committed or  attempted multiple  violations                                                                    
          of AS  11.46.120 or 11.46.130. Organized  theft is                                                                    
          classified as a class A felony.                                                                                       
          O HB 77 does not  include provisions for organized                                                                    
          theft.                                                                                                                
     •Clarifications & Exemptions:                                                                                              
          O  HB  77 defines  mail  to  include private  mail                                                                    
          delivery services  and exempts agencies  acting in                                                                    
          their official duties.                                                                                                
          O HB  106 does not provide  similar exemptions. No                                                                    
          specific definition  but common meaning  of "mail"                                                                    
          likely excludes FedEx/UPS.                                                                                            
                                                                                                                                
1:25:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MINA observed that  private mail delivery services                                                               
like FedEx and United Parcel  Service (UPS) aren't included in HB
106 and  asked whether the decision  not to define "mail"  was an                                                               
oversight by the department.                                                                                                    
                                                                                                                                
MR. SKIDMORE responded  that it was not  an intentional omission.                                                               
He reminded  the committee that  under current law,  the severity                                                               
of  mail  theft is  determined  by  the  contents of  the  stolen                                                               
package and  its dollar  value.   He added  that the  decision to                                                               
define "mail" would be a policy call for the committee to make.                                                                 
                                                                                                                                
1:27:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COSTELLO  referenced her personal  experience with                                                               
mail theft and suggested that  the committee may want to consider                                                               
that criminals are  using people's homes as a  delivery point for                                                               
merchandise  that they  stole using  the homeowner's  identity or                                                               
credit card.                                                                                                                    
                                                                                                                                
1:28:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE asked about deed  fraud or home title theft,                                                               
which is  the illegal  transfer of property.   She  asked whether                                                               
this issue could be included in the bill.                                                                                       
                                                                                                                                
MR. SKIDMORE  said the fraudulent  conveyance of  a deed is  in a                                                               
different  section  of  statute,  AS  11.46.505,  and  considered                                                               
forgery in  the second degree.   He added that the  transfer of a                                                               
deed is a separate issue.                                                                                                       
                                                                                                                                
1:32:38 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease 1:32 p.m.                                                                                    
                                                                                                                                
1:33:33 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  explained that the  purpose of today's hearing  is to                                                               
offer a  side-by-side comparison of HB  106, HB 97, and  HB 77 to                                                               
give a clear understanding of three  similar bills.  He asked Mr.                                                               
Sheldon to  explain why HB  77 would  raise the penalty  for mail                                                               
theft to a class C felony.                                                                                                      
                                                                                                                                
1:35:11 PM                                                                                                                    
                                                                                                                                
RYAN  SHELDON, Staff,  Representative  Julie  Coulombe, said  the                                                               
goal   is   to  give   Alaskans   a   "steppingstone  tool"   and                                                               
differentiate  the designation  between  possession, mail  theft,                                                               
and identity theft  with an escalation in penalty from  a class A                                                               
misdemeanor to a class C felony to a class B felony.                                                                            
                                                                                                                                
1:37:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE UNDERWOOD  asked how the bill  compares to federal                                                               
penalties.                                                                                                                      
                                                                                                                                
MR.  SHELDON said  federally, [mail  theft] is  a class  C felony                                                               
without the escalation, which includes  a $250,000 fine and up to                                                               
5 years in prison.  In  contrast, Alaska levies a fine of $50,000                                                               
and up to 5 years in prison.                                                                                                    
                                                                                                                                
CHAIR GRAY asked  whether stealing Door Dash  would be considered                                                               
a felony under HB 77.                                                                                                           
                                                                                                                                
MR.  SHELDON answered  no, a  food order  would not  constitute a                                                               
mail delivery.                                                                                                                  
                                                                                                                                
CHAIR GRAY  sought to confirm  that federal statutes  contain the                                                               
definition of mail that's used in  HB 106, which does not include                                                               
UPS and FedEx.                                                                                                                  
                                                                                                                                
MR. SHELDON responded yes.                                                                                                      
                                                                                                                                
1:40:41 PM                                                                                                                    
                                                                                                                                
MR. SKIDMORE  offered a  comparison of  HB 97 and  HB 106  from a                                                               
document, titled  "HB 77 HB  97 HB 106 Comparisons"  [included in                                                               
the committee packet], which read as follows [original                                                                          
punctuation provided]:                                                                                                          
                                                                                                                                
     Comparison of HB 97 and HB 106                                                                                             
     •Organized Theft:                                                                                                          
          O  HB  97  establishes "organized  retail  theft,"                                                                    
          which applies  to retail  theft conducted  as part                                                                    
          of a coordinated plan over two or more occasions.                                                                     
          O HB  106 establishes  "organized theft,"  where a                                                                    
          person commits felony  level theft in coordination                                                                    
          with three or more people.                                                                                            
     •Number of People Required in "organized theft":                                                                           
          O HB 97 requires two  or more people to coordinate                                                                    
          for organized retail theft.                                                                                           
          O  HB  106  requires  three  or  more  people  for                                                                    
          organized theft.                                                                                                      
     •Scope:                                                                                                                    
          O  HB 97  focuses  specifically  on retail  theft,                                                                    
          including  acts  such as  concealing  merchandise,                                                                    
          altering price  tags, or  transferring merchandise                                                                    
          between containers.                                                                                                   
          O  HB 106  applies  more broadly  to felony  theft                                                                    
          committed  for the  benefit of  or in  association                                                                    
          with a group, beyond just retail settings.                                                                            
     •Theft in the First Degree:                                                                                                
          O  HB 97  lowers the  threshold for  theft in  the                                                                    
          first degree from $25,000 to $20,000.                                                                                 
          O HB  106 does not change  the monetary thresholds                                                                    
          for theft in the first degree.                                                                                        
     •Theft in the Second Degree:                                                                                               
          O  HB 97  lowers the  threshold for  theft in  the                                                                    
          second degree  from $750  to $500  on the  low end                                                                    
          and from $25,000 to $20,000 on the high end.                                                                          
          O HB  106 expands  theft in  the second  degree to                                                                    
          include medical  records but  does not  change the                                                                    
          monetary thresholds.                                                                                                  
     •Theft in the Third Degree:                                                                                                
          O HB 97 lowers the  threshold from $250 to $200 on                                                                    
          the  low end  and from  $750 to  $500 on  the high                                                                    
          end.                                                                                                                  
          O HB  106 includes mail  theft under theft  in the                                                                    
          third   degree  but   does  not   change  monetary                                                                    
          thresholds.                                                                                                           
     •Theft in the Fourth Degree:                                                                                               
          O  HB 97  lowers the  threshold for  theft in  the                                                                    
          fourth degree from under $250 to under $200.                                                                          
          O HB 106 does not change theft in the fourth                                                                          
          degree.                                                                                                               
     •Other Changes in HB 97:                                                                                                   
          O HB 97 changes the threshold for the crime of                                                                        
         concealment of merchandise in various degrees.                                                                         
          O HB 97 modifies the threshold for criminal                                                                           
          simulation.                                                                                                           
          O HB 97 establishes a marketplace facilitator                                                                         
          tax.                                                                                                                  
          O HB 106 does not address these issues.                                                                               
                                                                                                                                
1:47:00 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  asked when the  price thresholds  in HB 97  were last                                                               
modified.                                                                                                                       
                                                                                                                                
MR. SKIDMORE estimated 6 years ago.                                                                                             
                                                                                                                                
REPRESENTATIVE  KOPP shared  his understanding  that HB  97 would                                                               
establish  a  Retail  Theft  Fund,  similar  to  the  Restorative                                                               
Justice Fund, that would fund law enforcement.                                                                                  
                                                                                                                                
1:48:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  how changes  to the  price threshold                                                               
would impact the legal system.                                                                                                  
                                                                                                                                
MR. SKIDMORE said  the change in dollar values  would only affect                                                               
the classification or level of punishment.                                                                                      
                                                                                                                                
1:50:11 PM                                                                                                                    
                                                                                                                                
[Due to technical difficulties, sound was lost briefly.]                                                                        
                                                                                                                                
1:54:27 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE VANCE questioned the purpose behind HB 97.                                                                       
                                                                                                                                
1:54:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZACK  FIELDS, Alaska  State Legislature,  as prime                                                               
sponsor, explained that  the rise in retail  crime coincides with                                                               
the  rise  in high  volume  digital  marketplaces, like  Facebook                                                               
Marketplace and Amazon.   He said the user fee  proposed in HB 97                                                               
is  designed to  ensure that  there  are resources  in local  law                                                               
enforcement  to  combat  theft  driven by  the  shift  to  online                                                               
marketplaces.   He  added  that  understaffed police  departments                                                               
only have the capacity to react  to crime and lack the ability to                                                               
break up criminal networks.                                                                                                     
                                                                                                                                
REPRESENTATIVE VANCE asked  who would collect the tax  and how it                                                               
would be returned to municipal public safety.                                                                                   
                                                                                                                                
REPRESENTATIVE FIELDS  reiterated that  the bill  would implement                                                               
be a user fee to address  public safety issues, not a broad-based                                                               
tax.  From  the designated fund, the money  would be appropriated                                                               
proportional to the respective jurisdictions.                                                                                   
                                                                                                                                
1:57:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COSTELLO asked why HB 97 was introduced.                                                                         
                                                                                                                                
REPRESENTATIVE FIELDS said  he had been disturbed  by the closing                                                               
of  small  or  medium  sized  businesses  in  Anchorage  and  the                                                               
inability for  them to  prevent excessive  levels of  theft, even                                                               
with a  more robust law  enforcement presence.  Overall,  he said                                                               
the bill  was primarily driven  by observations in  the Anchorage                                                               
business community.                                                                                                             
                                                                                                                                
1:59:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MINA in  trying to better understand  the scope of                                                               
retail  theft and  how it  impacts closure  of small  businesses,                                                               
asked  whether  local  businesses  had  been  surveyed  on  their                                                               
reasons for closing.                                                                                                            
                                                                                                                                
REPRESENTATIVE FIELDS  stated that Nordstrom's midtown  branch in                                                               
Anchorage reported  a loss to  theft that's 10 times  higher than                                                               
the national average.  He  shared further anecdotal examples from                                                               
local  businesses that  have experienced  organized retail  theft                                                               
(ORT) and deferred to his staff, Evan Anderson, to elaborate.                                                                   
                                                                                                                                
2:01:07 PM                                                                                                                    
                                                                                                                                
EVAN ANDERSON,  Staff, Representative  Zack Fields,  Alaska State                                                               
Legislature, on  behalf of Representative Fields,  prime sponsor,                                                               
                                           th                                                                                   
spoke  to  the  issue at  the  Anchorage  5   Avenue  Mall  where                                                               
Nordstrom had closed and reported  that JCPenney experienced a 50                                                               
percent shrink rate  until they decided to  permanently close the                                                               
                    th                                                                                                          
public entrance on 5 Avenue.                                                                                                    
                                                                                                                                
2:02:50 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY opened public testimony on HB 77.                                                                                    
                                                                                                                                
2:03:42 PM                                                                                                                    
                                                                                                                                
ROBERT MACKEY, representing self, testified  in support of HB 77.                                                               
Shared a personal anecdote involving  a stolen paycheck.  He said                                                               
society is  just learning  the value of  their digital  self, and                                                               
that "taking  the next step"  would help defend citizens  who are                                                               
not  fully  prepared  and  look to  the  legislature  to  provide                                                               
guardrails.   He opined  that the  bill would  be a  step towards                                                               
helping  law enforcement  protect  citizens from  these types  of                                                               
crimes.                                                                                                                         
                                                                                                                                
CHAIR GRAY  closed public  testimony on HB  77 and  opened public                                                               
testimony on HB 97.                                                                                                             
                                                                                                                                
2:05:56 PM                                                                                                                    
                                                                                                                                
MARIAH MENDOZA,  retail Security  Director, Anchorage  5th Avenue                                                               
Mall, testified in  support of HB 97.  She  said theft groups are                                                               
far more  experienced compared to  past years and  are emboldened                                                               
with  the knowledge  of the  crime's threshold  limits.   Because                                                               
they  know what  they can  get away  with and  that they  will be                                                               
cited and released, thieves are  coming in multiple times per day                                                               
to steal  targeted items  like designer  sunglasses.   She stated                                                               
her belief  that the  bill would be  beneficial because  it would                                                               
make criminals aware  that there would be  consequences for their                                                               
actions.                                                                                                                        
                                                                                                                                
2:09:44 PM                                                                                                                    
                                                                                                                                
ROSE  FELICIANO,  Executive   Director  of  Washington/Northwest,                                                               
TechNet, testified in  opposition to HB 97.  She  opined that the                                                               
tax proposed  in the bill  would be discriminatory to  the online                                                               
marketplaces  that she  represents.   In addition,  she expressed                                                               
concern that  the fund would not  be dedicated to ORT.   Instead,                                                               
she suggested that  a task force on organized  retail crime would                                                               
be  an  effective  tool  that   a  number  of  other  states  had                                                               
implemented.     She  reiterated  her   belief  that  a   tax  on                                                               
marketplace  dollars  would  be   discriminatory  and  urged  the                                                               
committee to oppose the bill.                                                                                                   
                                                                                                                                
2:11:46 PM                                                                                                                    
                                                                                                                                
NATHAN  WERNER, Captain,  Fairbanks Police  Department, testified                                                               
in support  of HB 97.   Overall he  had observed an  inability to                                                               
hold  people accountable  for these  crimes and  assumed that  by                                                               
reducing   the  thresholds,   the   bill   intends  to   increase                                                               
accountability.   He  shared statistics  on the  increasing theft                                                               
levels and shared his experience  combatting ORT.  He opined that                                                               
if passed, the bill would be impactful.                                                                                         
                                                                                                                                
2:15:57 PM                                                                                                                    
                                                                                                                                
DAVE CAVITT,  Owner, Furniture  Enterprises of  Alaska, testified                                                               
in support of  HB 97.  He shared his  personal experience with an                                                               
employee that stole $250,000 in  inventory for a resale furniture                                                               
store and  was not charged with  a crime.  He  expressed his hope                                                               
that  the   bill  would  help  prevent   something  similar  from                                                               
happening to another Alaska business.                                                                                           
                                                                                                                                
2:19:03 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  closed public testimony on  HB 97.  He  opened public                                                               
testimony on  HB 106.  After  ascertaining that no one  wished to                                                               
testify, he closed public testimony.                                                                                            
                                                                                                                                
[HB 77, HB 97, and HB 106 were held over.]                                                                                      
                                                                                                                                
2:21:22 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:21 p.m.                                                                 
| Document Name | Date/Time | Subjects | 
|---|---|---|
| HB 77 HB 97 HB 106 Comparisons.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB  77 HB 97 HB 106  | 
            
| HB 77 HB 97 HB 106 Comparisons.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB  77 | 
            
| HB 77 HB 97 HB 106 Comparisons.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB  97 | 
            
| HB 101 Amendment 1.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN Court System.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN Family and Community Services.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN DPS Integrated Victim Assistance.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN Law Criminal Division.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN Department of Correctins.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN Admin Office of Public Advocacy.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN Troopers.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 | 
            
| HB 101 FN Admin Public Defender Agency.pdf | 
                    
HJUD       3/5/2025 1:00:00 PM | 
                
                    
HB 101 |