02/27/2024 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB286 | |
| HB316 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 286 | TELECONFERENCED | |
| *+ | HB 316 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 27, 2024
3:02 p.m.
DRAFT
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Ashley Carrick
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 286
"An Act relating to victim restitution and compensation."
- MOVED CSHB 286(STA) OUT OF COMMITTEE
HOUSE BILL NO. 316
"An Act relating to law enforcement requests for wireless
telephone location information in emergencies."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 286
SHORT TITLE: CRIME VICTIM RESTITUTION
SPONSOR(s): REPRESENTATIVE(s) COULOMBE
01/24/24 (H) READ THE FIRST TIME - REFERRALS
01/24/24 (H) STA
02/08/24 (H) STA AT 3:00 PM GRUENBERG 120
02/08/24 (H) Heard & Held
02/08/24 (H) MINUTE(STA)
02/20/24 (H) STA AT 3:00 PM GRUENBERG 120
02/20/24 (H) -- MEETING CANCELED --
02/27/24 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 316
SHORT TITLE: EMERGENCY CELL PHONE LOCATION DISCLOSURE
SPONSOR(s): REPRESENTATIVE(s) C.JOHNSON
02/09/24 (H) READ THE FIRST TIME - REFERRALS
02/09/24 (H) STA
02/27/24 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
BUDDY WHITT, Staff
Representative Laddie Shaw
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of Amendment 1 to HB
286; discussed the committee substitute for HB 316.
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Legal Services Section
Department of Law
Juneau, Alaska
POSITION STATEMENT: Provided further details about Amendment 1
to HB 286.
GREG SMITH, Executive Director
Kelsey Smith Foundation
Overland Park, Kansas
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 316.
LEON MORGAN, Alaska Criminal Intelligence Manager
Office of the Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
316.
ACTION NARRATIVE
3:02:46 PM
CHAIR SHAW called the House State Affairs Standing Committee
meeting to order at 3:02 p.m. Representatives Carpenter,
Johnson, Carrick, Story, Allard, Wright, and Shaw were present
at the call to order.
HB 286-CRIME VICTIM RESTITUTION
3:03:58 PM
CHAIR SHAW announced that the first order of business would be
HOUSE BILL NO. 286 "An Act relating to victim restitution and
compensation."
3:04:15 PM
CHAIR SHAW moved Amendment 1 to HB 286, labeled 33-LS1012\B.2,
C. Radford 2/15/24, which read as follows:
Page 1, line 11:
Delete "necessary"
Page 2, line 7:
Delete "[, INCLUDING LOSS OF INCOME,]"
Insert ", including loss of income,"
3:04:18 PM
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
3:04:29 PM
BUDDY WHITT, Staff, Representative Laddie Shaw, Alaska State
Legislature, provided an overview of Amendment 1 and explained
that the word "necessary" would be deleted from the bill for
legal clarity. On page 2, line 7 of the bill, the term
"including loss of income" would be reinserted into the bill as
a result of discussions with the Department of Law and the
Office of Victims' Rights.
3:05:50 PM
KACI SCHROEDER, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law, provided further
detail about Amendment 1 to HB 286. She explained the reasoning
behind the removal of the word "necessary" in the bill. She
said the victim must show that the defendant's conduct was the
proximate cause of the victims' loss or damages. She referred
to Grubb v. State of Alaska, which said,
In order to obtain restitution for particular losses
or damages the state must establish two facets of
causation, that a defendants criminal conduct was the
cause in fact the but-for analysis of the losses
incurred and that the losses were the natural and
proximate result of the criminal conduct to which
liability should attach. That the losses were not so
attenuated from the wrongful conduct as to negate
responsibility.
MS. SCHROEDER explained that the state must show that criminal
conduct was a substantial factor in bringing about the damages
sought. Inserting the word "necessary" implies that there is a
different standard.
MS. SCHROEDER explained that Amendment 1 adds in "loss of
income". The purpose of the bill is to say that victims can
recover funds from lost wages, childcare, elder care,
transportation, and other expenses incurred during the victim's
participation in the investigation or prosecution of the
offense, or attendance at court proceedings. This is in direct
response to cases where the court seemed unsure that those types
of damages would be recoverable.
3:08:58 PM
MR. WHITT added that each committee member was provided copies
and explanations of Amendment 1. The explanation was written by
Ms. Schroeder.
3:09:15 PM
CHAIR SHAW noted that the word "necessary" is unnecessary.
3:09:23 PM
MS. SCHROEDER provided the case number for Grubb v. State, 506 P
3d 791.
CHAIR SHAW thanked Ms. Schroeder.
3:09:44 PM
REPRESENTATIVE CARPENTER removed his objection. There being no
further objection, Amendment 1 was adopted.
3:09:51 PM
CHAIR SHAW asked for a motion.
3:10:01 PM
REPRESENTATIVE WRIGHT moved to report HB 286, as amended out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HB 286 was reported from
the House State Affairs Standing Committee.
3:10:21 PM
The committee took an at-ease from 3:10 p.m. to 3:13 p.m.
HB 316-EMERGENCY CELL PHONE LOCATION DISCLOSURE
3:13:14 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 316, "An Act relating to law enforcement requests
for wireless telephone location information in emergencies."
3:13:36 PM
REPRESENTATIVE WRIGHT moved to adopt the proposed committee
substitute (CS) for HB 316, Version 33LS1235\B, Walsh, 2/20/24
as a working document.
3:13:53 PM
CHAIR SHAW objected for the purpose of discussion.
3:13:59 PM
The committee took a brief at-ease.
3:14:30 PM
BUDDY WHITT, Staff, Representative Laddie Shaw, discussed two
changes that would be made by the proposed CS to HB316, Version
B. The first change would omit lines 10-11 from the original
bill version, which had language concerning 911 emergency calls.
He explained the subject of the bill involves tracking mobile
phones. Including 911 calls in the bill does not enhance the
policy and could potentially dilute the policy due to its over
specificity. The bill sponsor sought to include broader
language. The second change would include the addition of an
immediate effective date should the bill become law.
3:16:07 PM
CHAIR SHAW removed his objection. There being no further
objection, Version B was before the committee as a working
document.
3:16:36 PM
REPRESENTATIVE JOHNSON as prime sponsor of HB 316, paraphrased
from his sponsor statement, which read as follows [included in
the committee packet]:
HB316, known as the Kelsey Smith Act, already has
passed in 30 states, and currently is pending in three
others, as well as at the federal level. The
legislation is needed in Alaska to help protect
victims in emergency situations. HB316 would require
that telecommunications companies immediately respond
to law enforcement requests for location information
of victims who are in jeopardy of death or serious
physical harm.
On June 2, 2007, Kelsey Smith was abducted in broad
daylight from an Overland Park, Kansas department
store, then raped and murdered. The abduction was
captured on the store's security camera, leaving
little doubt of the emergency nature of the situation.
Four days after she disappeared, authorities were able
to locate Kelsey's body after her wireless provider
finally released call information from her cell phone.
The tragic abduction and murder of Kelsey Smith is
heartbreaking and should never happen again. In life-
or-death situations it is paramount that our law
enforcement agencies have access to life-saving
resources; and the fear of legal liability should
never stand in the way of rescuing a victim from a
life-threatening situation.
The Kelsey Smith Act makes certain that law
enforcement officials, not a phone company, are able
to determine if a loved one is in an emergency
situation. The privacy of every Alaskan is important,
and this legislation strikes the appropriate balance
between the ability of law enforcement to help
individuals in grave danger, while also ensuring the
proper checks are in place to guard against potential
abuse or government overreach.
HB316 will ensure that law enforcement has the
resources they need from cell phone providers to
locate missing or abducted Alaskans. If one life can
be saved, or one child returned safely to their loved
ones, then this act will have served Alaskans well.
The legislation does not require additional funding.
In fact, it should save money.
To learn more about Kelsey's story and the effort to
enact the Kelsey Smith Act across the country, please
visit: https://kelseysarmy.org/#ks-act
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3:19:07 PM
GREG SMITH, Executive Director, Kelsey Smith Foundation,
submitted written testimony about HB 316 [copy included in the
committee packet]. He highlighted his experience in law
enforcement and government affairs. He said that 30 states have
passed legislation regarding the Kelsey Smith Act. He promised
that this bill will save lives and not cost anything. He said
this legislation is "too important to ignore," and recounted the
kidnapping story of his daughter, Kelsey Smith, in 2007. Over
the course of four days, Mr. Smith worked with law enforcement
agencies to call wireless providers and to determine the
location of her phone. He said 3 days passed before the
information was released about the location of her cell phone,
but it was too late.
MR. SMITH explained that HB 316 would allow law enforcement to
access wireless device location when a person is believed to be
at risk of serious bodily harm or death. He explained that
photos, texts, and calls would not be accessed. The location of
the device is the only information that would be disclosed so
that law enforcement has a starting point in investigations of
emergent situations.
MR. SMITH added that opponents to the bill may argue for the
Fourth Amendment. He described operating under exigent
circumstances. He alluded to a case where the court opined that
to protect and preserve life or avoid serious injury is
justification for what would otherwise be illegal in the absence
of an emergency. He described a common misconception of using
this bill to "get around a warrant." He assured that the
purpose of the bill is to aid in finding potential victims in
need of medical aid or rescue. He noted that technology often
moves faster than the law and court cases provide case law for
law enforcement to operate under until state legislatures can
create laws.
3:24:53 PM
MR. SMITH noted a case that is currently guiding case law,
United States v. Gilliam, which involved a kidnapping which led
to sex trafficking. In the case, the cell phone provider
transferred info to the police and made it possible to locate
the victim and the sex trafficker who was later convicted of
several felonies. This case referenced federal law including a
"voluntary disclosure of customer communications records."
MR. SMITH noted a provision where a wireless provider can
disclose information to a government entity if the provider, in
good faith, believes that an emergency involving danger of death
or serious physical injury to any person requires disclosure
without delay of information relating to the emergency. The
only problem with this law is that the wireless provider
customer service agents become responsible for determining
emergent status and may lack adequate training. He described
his personal experience working with wireless customer service
and an agent who refused to release the location of a victim's
cell phone because they lacked adequate training to determine if
the situation was an exigent circumstance.
MR. SMITH explained that HB 316 would take the decision-making
process away from wireless providers and give power to law
enforcement for exigent circumstances. He referenced a U.S.
Supreme Court case, United States v. Carpenter, which involved
tracking a bank robber's phone for 127 days. The U.S. Supreme
Court agreed that phone tracking is an investigation tool that
warrants an exception to the Fourth Amendment if there are
exigent circumstances.
3:29:46 PM
MR. SMITH referenced United States v. Hammon which involved an
armed robber whose phone was tracked to stop a dangerous armed
robbery spree. The U.S. Supreme Court denied hearing the case
and said that United States v. Carpenter set the precedent for
the use of cell phone tracking under exigent circumstances. Mr.
Smith said HB 316 would codify the previously mentioned court
decisions.
MR. SMITH explained that under federal law, cell phone tracking
information can be released to a government entity, which is
defined as "a department or agency of the United States or any
state or political subdivision thereof." The proposed
legislation would make cell phone tracking information available
to law enforcement and no other entity. It would provide an
immunity clause for the cell phone providers so that when they
cooperate with law enforcement, they are protected from legal
action. He mentioned that lobbying groups from wireless
companies have spoken out in favor of similar bills across the
country and at the federal level. He mentioned that HB 316
doesn't need to be titled the "Kelsey Smith Act." He described
training he provides to law enforcement about using technology
in exigent circumstances. He remarked emotionally about
testimonies he has heard from people whose loved ones were saved
because of the Kelsey Smith Act.
3:34:21 PM
CHAIR SHAW thanked Mr. Smith for his powerful testimony and
story. He thanked Representative C. Johnson for bringing the
bill forward.
3:34:32 PM
The committee took a brief at-ease.
3:35:52 PM
CHAIR SHAW asked for questions from the committee.
REPRESENTATIVE CARPENTER asked if the proposed legislation
includes satellite phones and other geolocation devices.
3:36:44 PM
LEON MORGAN, Alaska Criminal Intelligence Manager, Office of the
Commissioner, affirmed that HB 316 [Version B] would apply to
satellite phones and inReach devices. He noted that geolocation
is known to service providers of satellite phones and similar
devices and providers have existing programs to relay necessary
location information to law enforcement.
3:37:27 PM
REPRESENTATIVE CARPENTER asked about the definition of exigent
circumstances and whether is it broad enough to cover amber or
silver alerts.
MR. MORGAN affirmed that the term is sufficient and includes
amber and silver alerts.
3:37:57 PM
REPRESENTATIVE CARRICK asked whether location tracking for other
devices such as tablets and smart watches would be covered under
HB 316 [Version B].
MR. MORGAN affirmed that most devices that submit location do so
on a cellular network and are able to provide location data to
law enforcement under exigent circumstances.
3:39:12 PM
CHAIR SHAW announced that HB 316 [Version B] was held over.
3:39:27 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
[3:39].
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 286 Sectional Analysis version A.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 286 Sponsor Statement version A.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 286 Support Document Yani Morley.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 286 Presentation.pdf |
HSTA 2/8/2024 3:00:00 PM HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 286 Amendment 1.pdf |
HSTA 2/20/2024 3:00:00 PM HSTA 2/27/2024 3:00:00 PM |
HB 286 |
| HB 316 Sponsor Statement.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| HB 316 Legal Memo.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| Hb 316 Support Doc - The Hill Op-Ed by Rep. Kevin Yoder and Ajit Pai.2016.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| HB 316 Support Doc - The Kelsey Smith Act Back-Up Informaiton.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| HB 316 Version A.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| HB316 Sectional Analysis.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| HB 316 Fiscal Note DPS AST.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| CSHB 316 STA Version B.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |
| HB 316 Support Doc - Greg Smith Written Testimony.pdf |
HSTA 2/27/2024 3:00:00 PM HSTA 3/5/2024 3:00:00 PM |
HB 316 |