Legislature(2019 - 2020)GRUENBERG 120
04/12/2019 09:30 AM House STATE AFFAIRS
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| Audio | Topic |
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| Start | |
| HB33 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 33 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 12, 2019
9:33 a.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Gabrielle LeDoux
Representative Andi Story
Representative Sarah Vance
Representative Laddie Shaw
MEMBERS ABSENT
Representative Jonathan Kreiss-Tomkins, Co-Chair
Representative Adam Wool
COMMITTEE CALENDAR
HOUSE BILL NO. 33
"An Act relating to defenses to sexual assault; and relating to
registration of sex offenders."
- MOVED CSHB 33(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 33
SHORT TITLE: SEXUAL ASSAULT; SEX OFFENDER REGISTRATION
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
02/20/19 (H) PREFILE RELEASED 1/11/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) STA, JUD
04/11/19 (H) STA AT 3:00 PM GRUENBERG 120
04/11/19 (H) Scheduled but Not Heard
04/12/19 (H) STA AT 9:30 AM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE MATT CLAMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 33, Version S, as prime
sponsor.
LIZZIE KUBITZ, Staff
Representative Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the sectional analysis for HB 33,
Version S, on behalf of Representative Claman, prime sponsor.
ACTION NARRATIVE
9:33:12 AM
CO-CHAIR ZACK FIELDS called the House State Affairs Standing
Committee meeting back to order at 9:33 a.m. Present at the
call back to order were Representatives LeDoux, Story, Vance,
Shaw, and Fields.
HB 33-SEXUAL ASSAULT; SEX OFFENDER REGISTRATION
9:33:47 AM
CO-CHAIR FIELDS announced that the only order of business would
be HOUSE BILL NO. 33, "An Act relating to defenses to sexual
assault; and relating to registration of sex offenders."
9:34:41 AM
REPRESENTATIVE SHAW moved to adopt the committee substitute (CS)
for HB 33, [Version 31-LS0292\S, Radford, 4/8/19], as the
working document. There being no objection, Version S was
before the committee.
9:34:57 AM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, as prime
sponsor of HB 33, Version S, paraphrased from the sponsor
statement, included in the committee packet, which read:
House Bill 33 clarifies that a person who is convicted
of a sex crime and required to register as a sex
offender in another state is also required to register
as a sex offender in Alaska. Under HB 33, sex
offenders and child kidnappers who have been convicted
in other states (outside Alaska) would have to
register in Alaska databases if they are residing in
the state. This clarification will bring more
accountability for people who otherwise might not have
a state record.
House Bill 33 also removes a legal defense to sexual
assault that currently exists in state law. In certain
limited circumstances, current law still allows a
perpetrator of sexual assault to use marriage as a
defense if the person engages in sexual activity with
their spouse when they know their spouse is mentally
incapable, incapacitated, or unaware that the sexual
act is being committed. HB 33 removes this defense.
Over the last few months, Alaskans have read heinous
reports of sexual assault and violence at the local,
state, and national level. By proposing amendments to
improve Alaska's sexual assault and sex offender
registration statutes, concerned community members can
trust that the legislature is listening and taking
important steps to update our laws to improve public
safety.
REPRESENTATIVE CLAMAN explained that Version S clarifies that an
out-of-state juvenile offender who was charged and adjudicated
as a minor in that state and was required by that state to
register as a sex offender is not required to register as a sex
offender in Alaska. Alaska does not require juvenile sex
offenders to register; a court may find that the Alaska privacy
law protects that information.
9:37:08 AM
LIZZIE KUBITZ, Staff, Representative Matt Claman, Alaska State
Legislature, on behalf of Representative Claman, prime sponsor
of HB 33, Version S, reviewed the sectional analysis, included
in the committee packet, which read:
Section 1
AS 11.41.432(a) - Defenses.
Removes marriage as a defense if the person engages in
sexual activity with their spouse when they know their
spouse is mentally incapable, incapacitated, or
unaware that the sexual act is being committed.
Section 2
AS 12.63.010(d) - Registration of sex offenders and
related requirements.
Conforming amendment. Amends AS 12.63.010(d) to
reflect change made in Section 3 of the bill.
Section 3
AS 12.63.020 - Duration of sex offender or child
kidnapper duty to register.
Amends AS 12.63.020 to clarify that a person who is
convicted of an offense as an adult and required to
register as a sex offender or child kidnapper in
another jurisdiction is also required to register as a
sex offender in Alaska.
Section 4
AS 12.63.100(6) - Definitions.
Adds a person who is convicted of an offense as an
adult and required to register as a sex offender or
child kidnapper in another jurisdiction to the
definition of "sex offender or child kidnapper."
Section 5
Uncodified law
This section contains applicability provisions.
9:39:09 AM
REPRESENTATIVE VANCE asked how the sex offender registration is
enforced and how the state knows whether sex offenders coming
into the state are compliant.
REPRESENTATIVE CLAMAN replied that all states have sex offender
registration requirements. Typically, when those who are
required to register in one state move to another state, they
must enquire about registering with the state's department of
public safety. He relayed that there are Alaska laws regarding
failure to register; non-registration is a felony. He said that
he cannot speak to the level of investigative resources
dedicated to enforcing the laws; it is a question for the
Department of Public Safety (DPS).
REPRESENTATIVE VANCE maintained that identifying sex offenders
and enforcing the laws is a matter of public trust. She
referred to page 4, line 3, of Version S, which read, "provide
for tolling of the registration period ..." and asked what
"tolling" meant.
REPRESENTATIVE CLAMAN explained the tolling provision with the
following example: A sex offender, who comes into Alaska on
January 1st and is registered in the state from which he/she
came, would be required to register in Alaska for the next year.
If that person failed to register, the duty to register would
continue even if the obligation to register based on the out-of-
state conviction ended January 1st of the following year. The
tolling provision states that the person, who was required to
register for the year in Alaska and did not, may not claim that
year [for fulfilling the registration obligation]. The sex
offender would have to register in Alaska, even though he/she
may not have needed to register if just arriving at the end of
the second year.
9:43:41 AM
REPRESENTATIVE VANCE asked Representative Claman to speak to the
need for removing marriage as a defense under Version S.
REPRESENTATIVE CLAMAN explained that currently for consenting,
functioning adults, marriage is not a defense for sexual
assault. Under Version S, the removal of marriage as a defense
strictly relates to situations in which the spouse is
incompetent. The situation arises among the elderly with
significant mental disease and disorders, those with dementia,
those who are highly intoxicated, and people who have overdosed
on drugs. He reiterated that Version S does not change existing
law under which marriage is not a defense for sexual assault.
9:46:22 AM
REPRESENTATIVE LEDOUX asked whether there can no longer be
sexual relations between married people if one or the other is
afflicted with dementia.
REPRESENTATIVE CLAMAN replied that Quinlan Steiner [Director,
Public Defender Agency (PDA), Department of Administration
(DOA)] pointed out that the question is still an active topic; a
person suffering from dementia may consent to many things
besides sexual relationships.
REPRESENTATIVE LEDOUX gave an example: A husband and wife go to
a party; they both become very intoxicated; they are entitled to
go to bed together because it is their bed. She expressed her
concern that the proposed legislation provides a "bludgeon" in
divorce court.
REPRESENTATIVE CLAMAN relayed a story that he heard: Two
married people are in exactly the situation Representative
LeDoux described; they have sex; and the next morning one is
upset, and the other doesn't remember anything. He said that
typically such instances don't lead to criminal charges, but
hopefully to counseling sessions. He stated that what
constitutes consent and not consent in those circumstances is
difficult; incapacity goes to the question of the ability to
consent.
REPRESENTATIVE LEDOUX expressed that while the hope is that such
an event would not lead to criminal charges, it appears to her
that is exactly what Version S is designed to do. She asked
what prompted that provision in the proposed legislation.
REPRESENTATIVE CLAMAN answered that these issues arose in
questions responding to the Schneider case [Justin Schneider was
convicted of kidnapping and assault for an August 15, 2017,
incident in Anchorage]. The Department of Law (DOL) identified
the current status of the marriage defense of incapacitated
persons as an issue that needed review.
9:50:41 AM
REPRESENTATIVE STORY offered her support for the proposed
legislation requiring the registration of sex offenders and
appreciation for the concerns regarding enforcement. She
expressed that she understands why the changes under Section 1
of Version S need to be in law; there are complicated issues;
however, that is why we have counsel.
REPRESENTATIVE VANCE asked how Version S relates to the
Schneider case, considering the two people involved in that
incident were not married.
REPRESENTATIVE CLAMAN stated that Representative Vance was
correct in that Mr. Schneider was not married to the woman that
he assaulted. He stated that when an event in the public raises
questions about the status of Alaska criminal law, it is not
uncommon for the legislature to look at other laws to see if
other areas of law need change, even though the facts of that
case have no particular relation to the changes proposed under
Version S. He offered that what the Schneider case did was to
cause the public to demand the legislature look for other issues
and loopholes in Alaska sexual assault statutes. When
researched, he found that the loophole that allowed Schneider
not to be charged with a sexual assault exists in 49 of the 50
states. He stated that the topic of the marriage defense was
reviewed to determine whether there were situations in which it
should continue to exist.
REPRESENTATIVE VANCE relayed the larger precept: In the
marriage agreement, there is an assumed consent; however, being
mentally incapable infringes on that individual's right to their
security; that is, if one person in the marriage is mentally
incapacitated, the original contract of marriage cannot breach
one's individual right to give consent. She asked if her
understanding was correct.
REPRESENTATIVE CLAMAN responded, "You pose an interesting
question." He expressed his belief that as a legal matter,
Alaska and all 50 states no longer consider marriage a blanket
consent; people must consent every day.
9:57:14 AM
REPRESENTATIVE LEDOUX acknowledged that marriage does not
presuppose consent to rape; however, Version S seems to regulate
the situation she related - of the married couple, both
inebriated, having sexual relations, one being upset in the
morning, and the other not remembering the incident. She stated
that she is not sure she supports the proposed legislation.
MS. KUBITZ responded that the discussion has been focused on
marriage; however, the scenarios happen in many different
relationships for which there are no dedicated statutes. She
mentioned that although Version S addresses spousal rape,
committee members are discussing many other scenarios.
REPRESENTATIVE LEDOUX expressed that she understands that the
issue arises in other scenarios; they become "he said she said"
cases. She maintained that in those other scenarios, consents
must be given at each stage; whereas, two people who share one
bed [through co-habitation] and who are drunk [presents a
scenario apart from the others].
9:59:49 AM
REPRESENTATIVE VANCE expressed her concern for people's
individual rights and protecting freedoms. She asked for more
time to review Version S.
REPRESENTATIVE STORY referred to the sectional analysis of
Section 1 of Version S, which read:
Removes marriage as a defense if the person engages in
sexual activity with their spouse when they know their
spouse is mentally incapable, incapacitated, or
unaware that the sexual act is being committed.
REPRESENTATIVE STORY relayed that the public would agree with
this provision as a "bottom line," regardless of the various
issues.
REPRESENTATIVE SHAW agreed that even though there may be a
hundred debatable scenarios, the bottom line is self-
explanatory. He said he supports the proposed legislation.
REPRESENTATIVE CLAMAN offered his availability to discuss the
legislation with committee members in more detail.
10:04:44 AM
REPRESENTATIVE SHAW moved to report CS for HB 33, Version 31-
LS0292\S, Radford, 4/8/19, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB(STA) was reported from the House State
Affairs Standing Committee.
10:05:04 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 10:05
a.m.
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