Legislature(2021 - 2022)BUTROVICH 205
03/30/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 189 | ||
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 30, 2022
1:33 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers (via Teams)
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 189
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to sentencing for sex trafficking
and patron of a victim of sex trafficking; establishing the
process for a vacatur of judgment for a conviction of
prostitution; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 189
SHORT TITLE: CRIME OF SEX/HUMAN TRAFFICKING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) JUD, FIN
02/28/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/28/22 (S) Heard & Held
02/28/22 (S) MINUTE(JUD)
03/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/02/22 (S) Heard & Held
03/02/22 (S) MINUTE(JUD)
03/04/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/04/22 (S) Heard & Held
03/04/22 (S) MINUTE(JUD)
03/07/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/07/22 (S) Heard & Held
03/07/22 (S) MINUTE(JUD)
03/09/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/09/22 (S) Heard & Held
03/09/22 (S) MINUTE(JUD)
03/11/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/11/22 (S) <Bill Hearing Rescheduled to 03/14/22>
03/14/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/14/22 (S) <Bill Hearing Canceled>
03/16/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/16/22 (S) Heard & Held
03/16/22 (S) MINUTE(JUD)
03/25/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/25/22 (S) -- MEETING CANCELED --
03/30/22 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
ED KING, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a summary of changes in the
committee substitute (CS) for SB 189, from Version A to Version
I on behalf of the committee.
KACI SCHROEDER, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Testified and answered legal questions on SB
189, Version I, and amendments under consideration.
DIANE CASTO, Executive Director
Alaska Council on Domestic Violence and Sexual Assault
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Answered questions on Amendment 8 to SB 189.
CATHY SCHLINGHEYDE, Staff
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Amendment 10 to SB 189 on behalf
of the sponsor.
JOHN SKIDMORE, Deputy Attorney General
Office of the Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Testified and answered legal questions on SB
189, Version I, and amendments under consideration.
ACTION NARRATIVE
1:33:11 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Myers (via Teams), Hughes, Shower, Kiehl,
and Chair Holland.
SB 189-CRIME OF SEX/HUMAN TRAFFICKING
1:34:13 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 189
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to sentencing for sex trafficking
and patron of a victim of sex trafficking; establishing the
processor a vacatur of judgment for a conviction of
prostitution; and providing for an effective date."
[SB 189 was previously heard on 2/28/22, 3/2/22, 3/4/22, 3/7/22
and 3/9/22, and 3/16/22. Public testimony was opened and closed
on 3/4/22.]
CHAIR HOLLAND solicited a motion to adopt the proposed committee
substitute (CS) for SB 189.
1:34:37 PM
SENATOR SHOWER moved to adopt the committee substitute (CS) for
SB 189, work order 32-GS2029\I, as the working document.
CHAIR HOLLAND objected for discussion purposes.
1:35:00 PM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, explained the Summary of Changes from Version A
to Version I of SB 189 on behalf of the committee.
MR. KING stated that Section 2 rearranges some of the offenses
and redefines some of the classifications in the bill. Section 3
provides the significant changes in the committee substitute,
Version I. He advised members that Section 3 needs additional
work.
[Original punctuation provided.]
1:35:29 PM
Section 1: Technical and conforming changes
Section 2: New section to add victims of sex
trafficking to AS 09.25.400 (relating to counseling
for victims)
Section 3: Former section 2. Amended to clarify the
classification of sex trafficking offenses, which are
now
I. First degree (Unclassified) includes inducing
another person to engaging in
a. sexual penetration with the use of force or
threat of force
b. any sexual conduct if the victim is under 20
c. any sexual conduct if victim is in the
offender's legal custody.
II. Second degree (class A felony) includes inducing
another person to engaging in
a. sexual penetration without force
b. sexual contact with the use of force or threat
of force
c. sexual conduct involving other coercive
behaviors
III. Third degree (class B felony) includes
a. inducing another person to engaging in other
commercial sexual conduct
b. providing services, resources, or other
assistance worth over $200 with the intent to
promote sex trafficking
c. managing, supervising, controlling, or owning
a prostitution enterprise or place of
prostitution
IV. Third degree (class C felony) includes a.
providing services, resources, or other assistance
worth less than $200 with the intent to promote sex
trafficking
1:36:06 PM
No changes to AS 11.41.355 (Patron of a victim of sex
trafficking)
Sections 4-16: Technical and conforming change
Section 17: New section to add victims of sex
trafficking to AS 12.45.049 (relating to privilege
during discovery, testimony, and evidence)
Sections 18-22: Technical and conforming changes
Section 23: Adds a five-year look back provision for
convictions of prostitution
Sections 24-27: Technical and conforming changes
Section 28: Makes several changes to the vacation of
judgment sections, including: 1. Includes misdemeanor
drug charges as eligible to be vacated 2. Clarifies
that the courts may grant a petition if the prosecutor
doesn't object within 45 days 3. Explains that a
petition to vacate does not give rise to a jury trial
4. Directs the courts to remove vacated cases from
Court View if there are no corresponding felony
charges in the case
1:37:17 PM
Section 29-30: New sections to add victims of sex
trafficking to AS 18.66.210 (relating to confidential
communications) and AS 18.66.250 (definition of victim
in confidential communications)
Section 31: Technical and conforming changes
Section 32: New section to ensure a person petitioning
to vacate a judgment is entitled to a public defender
Section 33-35: Technical and conforming changes
Section 36: New section to add sex trafficking
statutes to the offenses that can result in an
administrative subpoena for assistance from an
internet provider
Section 37-42: Technical and conforming changes
Section 43: Extends the effective date of the vacation
of judgment sections to January 1, 2023, to allow the
Courts time to develop forms and procedures
Section 44: Conforming change
1:38:18 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Version I was adopted.
1:38:41 PM
At ease
1:38:55 PM
CHAIR HOLLAND reconvened the meeting.
1:39:23 PM
CHAIR HOLLAND asked Mr. Skidmore and Ms. Schroeder to speak to
the implications of the changes in Version I.
1:39:29 PM
KACI SCHROEDER, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law, Juneau, Alaska,
stated that the committee substitute, Version I, relocates the
crime of sex trafficking to AS 11.41, as in the original version
of the bill, Version A. She expressed appreciation that the
committee allowed the Department of Law to state why the
department believes the crime of sex trafficking was more
appropriately placed in AS 11.41 [instead of in AS 11.66, as in
Version B of SB 189.] As Mr. King indicated, the remaining
changes are primarily conforming and minor.
1:40:01 PM
MS. SCHROEDER highlighted significant changes in the sex
trafficking and human trafficking statutes in Section 3. She
noted that the Department of Law restructured Section 3. The
department assigned the highest offense level to those offenders
who victimize a person in the sex trafficker's legal custody,
under the age of 20, or if they force the victim to engage in
sexual penetration and bestiality. She stated that those sex
trafficking offenses that did not involve penetration would be
charged at a lower level. She summarized that Section 3 would
establish the gradation of crimes based on the type of conduct
forced on or coerced from the person.
1:40:58 PM
CHAIR HOLLAND solicited questions from members.
1:41:04 PM
SENATOR KIEHL acknowledged the work that committee staff and DOL
put into Version I. He stated that it was a big step forward,
and it includes much of what the committee discussed at the last
hearing.
1:41:21 PM
SENATOR SHOWER asked the record to reflect that the committee
must be cautious and balance prosecutorial discretion and ensure
that people have advocates and a fair trial. He cautioned
against ruining a 17 or 18-year-old's life because they did
something stupid but unintentional.
1:43:09 PM
CHAIR HOLLAND moved to adopt Amendment 1, work order 32-
GS2029\I.1
32-GS2029\I.1
Radford
3/28/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 3, line 3:
Delete "commercial sexual conduct involving"
1:43:12 PM
SENATOR SHOWER objected for discussion purposes.
CHAIR HOLLAND explained Amendment 1 was a technical amendment to
correct a drafting error and remove duplicate language.
1:43:27 PM
SENATOR SHOWER asked for clarification on Amendment 1 because he
noticed that the language also appears on page 2.
MS. SCHROEDER responded that Amendment 1 would remove the
duplicate language.
1:43:45 PM
SENATOR SHOWER removed his objection.
1:43:51 PM
SENATOR MYERS objected for discussion purposes.
1:44:20 PM
SENATOR MYERS stated that the language in Amendment 1 is the
exact language on page 2, line 19 of Version I. He asked why the
language would be removed from one provision but not the other.
MS. SCHROEDER pointed out that it was the same language as on
page 2, lines 30-31 of Version I. She said if Amendment 1 were
adopted, the language would read, "induces or causes another
person to engage in commercial sexual conduct involving (A)
sexual penetration, (B) conduct prohibited under AS
11.61.140(a)(6); or (C) sexual contact." It would remove the
duplicative "commercial sexual contact" language.
1:45:08 PM
SENATOR MYERS removed his objection.
1:45:15 PM
SENATOR HUGHES objected for discussion purposes.
SENATOR HUGHES explained that the language as currently written
[page 2, lines 30-31 through page 3, line 4] reads, "(1)induces
or causes another person to engage in commercial sexual conduct
involving (A) sexual penetration, (B) conduct prohibited under
AS 11.61.140(a)(6); or (C) commercial sexual conduct involving
sexual contact through the use of force or threat of force
against any person; or ...." She suggested that the duplicative
"commercial sexual contact" needed to be removed.
1:45:43 PM
SENATOR HUGHES removed her objection.
1:45:51 PM
CHAIR HOLLAND found no further objection, and Amendment 1 was
adopted.
1:45:55 PM
CHAIR HOLLAND moved to adopt Amendment 2, work order 32-
GS2029\I.5.
32-GS2029\I.5
Radford
3/29/22
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 18, line 5, following "convicted":
Insert "once"
1:45:59 PM
SENATOR SHOWER objected for discussion purposes.
CHAIR HOLLAND explained that Amendment 2 was a technical
correction to conform to the change in Section 10. It would make
a third offense within five years a class C felony.
1:46:40 PM
MS. SCHROEDER explained that Amendment 2 was a conforming
change. The committee decided to have a five-year lookback for
misdemeanor "johns." In an earlier section of the bill, a third
conviction for being a "john" within five years was a felony.
Under Amendment 2, the first conviction would be a class A
misdemeanor with no mandatory minimum. A second conviction
within five years would result in a minimum 72-hour mandatory
imprisonment, and a third conviction within five years would be
a felony.
1:47:16 PM
SENATOR HUGHES asked what penalty would apply to a person
convicted twice in the previous five years.
MS. SCHROEDER answered that this would apply on the second
conviction. If the "john" had been previously convicted twice,
it would be considered a third conviction within five years, so
it would be elevated to a felony.
1:47:44 PM
SENATOR SHOWER removed his objection.
CHAIR HOLLAND found no further objection, and Amendment 2 was
adopted.
1:47:55 PM
CHAIR HOLLAND moved to adopt Amendment 3, work order 32-
GS2029\I.2.
32-GS2029\I.2
Ambrose/Radford
3/29/22
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 19, lines 6 - 7:
Delete "[AS 11.66.100 - 11.66.130;
(G)]"
Insert "AS 11.66.100 [AS 11.66.100 - 11.66.130];
(G)"
Page 19, line 9:
Delete "(G) [(H)]"
Insert "(H)"
1:47:58 PM
SENATOR SHOWER objected for discussion purposes.
1:48:13 PM
MS. SCHROEDER directed attention to page 19. She explained that
Amendment 3 pertained to the definition of "serious offense"
regarding background checks for people seeking to serve in a
supervisory role over the elderly or minors. Under current law,
prostitution is listed as a serious offense. She stated that the
Department of Law would like to keep it in place and delete the
rest of the sex trafficking statutes because they have been
repealed and moved to AS 11.66.
1:48:50 PM
SENATOR MYERS noted that this language was the same as the
original bill. He asked what had changed.
MS. SCHROEDER answered that nothing had changed. Amendment 3
would correct a drafting error.
1:49:39 PM
SENATOR SHOWER removed his objection.
1:49:42 PM
CHAIR HOLLAND found no further objection, and Amendment 3 was
adopted.
1:49:51 PM
CHAIR HOLLAND moved to adopt Amendment 4, work order 32-
GS2029\I.4.
32-GS2029\I.4
Radford
3/28/22
AMENDMENT 4
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 10, line 20:
Delete "AS 23.10.350(f)(1), (f)(2), and (f)(3)(A)
and (B);"
Insert "AS 23.10.350(f)(1) - (3)"
1:49:55 PM
SENATOR SHOWER objected for discussion purposes.
1:50:04 PM
MS. SCHROEDER explained Amendment 4 would alter the reference to
adult entertainment pertaining to human trafficking. It would
include simulated bestiality and the definition of adult
entertainment.
CHAIR HOLLAND asked whether this was considered a technical
change.
MS. SCHROEDER answered yes.
1:50:29 PM
SENATOR SHOWER said it sounded more substantive than a technical
change.
MS. SCHROEDER responded that when the Department of Law drafted
the bill, the department wanted to ensure that actual bestiality
is a crime included in sex trafficking. However, human
trafficking did not have the crime of someone being forced to
engage in simulated bestiality. She noted that the definition of
adult entertainment already included simulated bestiality.
1:51:31 PM
SENATOR SHOWER removed his objection.
1:51:34 PM
CHAIR HOLLAND found no further objection, and Amendment 4 was
adopted.
1:51:43 PM
CHAIR HOLLAND moved to adopt Amendment 5, work order 32-
GS2029\I.6
32-GS2029\I.6
Ambrose/Radford
3/29/22
AMENDMENT 5
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 4, line 17, following "if":
Insert ", under circumstances not proscribed
under AS 11.41.434 - 11.41.440,"
1:51:48 PM
SENATOR SHOWER objected for discussion purposes.
1:51:54 PM
MS. SCHROEDER explained that Amendment 5 would add the language
of sexual abuse of a minor statute to the patron of a victim of
sex trafficking. It would state that under the circumstances not
proscribed under sexual abuse of a minor, the crime of patron of
a victim of sex trafficking could apply. The Department of Law
uses "circumstances not proscribed" to identify overlap between
offenses. When the victim of sex trafficking is under 18 years
of age, there is an overlap between the crime of "patron of a
victim of sex trafficking" and "sexual abuse of a minor," so
adding this language would help prevent a situation where the
department must charge at the lower offense.
1:52:59 PM
SENATOR SHOWER asked whether the language "under circumstances
not proscribed" would provide prosecutorial discretion.
MS. SCHROEDER responded the language "under circumstances not
proscribed" tells the attorney to consider the statutes listed,
in this case, "sexual abuse of a minor." If that offense does
not apply, the attorney could consider the "patron of a victim
of sex trafficking" statute. She pointed out that the department
could charge the offender with several offenses based on their
conduct. For example, a patron engaging in sexual conduct with a
10-year-old could also be charged with sexual abuse of a minor.
Ultimately, the charges are merged during sentencing to avoid
punishing the offender more than once for their conduct.
1:54:09 PM
SENATOR SHOWER stated that although he intends to remove his
objection, he was concerned that this might provide too much
discretion.
1:54:26 PM
SENATOR KIEHL wondered whether this provision was meant to
ensure that the prosecutor could charge the offender with the
appropriate crime, which was the more egregious offense. He
acknowledged that it isn't possible to envision every situation,
so it's possible that the prosecutors would have no choice but
to charge the offender with a minor offense of "patron of a
victim of sex trafficking" when they should be charged with
"sexual abuse of a minor" because the crime was rape.
MS. SCHROEDER agreed.
1:55:18 PM
SENATOR HUGHES related a scenario that involved a 10-year-old
victim. She understood that the prosecutor would first consider
the offense "sexual abuse of a minor." She asked whether the
prosecutor would be able to charge for the lesser crime or if
they must charge for the more serious offense.
MS. SCHROEDER responded that it was likely that a prosecutor
would charge the offender with the offense of sexual abuse of a
minor in the first degree. It is also possible that the offender
could be charged under other statutes. She agreed that
prosecutors have the discretion to resolve the case in different
ways if the elements of the other statutes were met. However,
those choices are present in almost all charging circumstances.
If someone's conduct meets the elements of multiple offenses,
prosecutors would have numerous ways to resolve the case via
Court Rule 11 related to plea agreements.
1:57:03 PM
SENATOR HUGHES asked whether she was aware of any incidence
involving minors where the prosecutor would not have discretion.
MS. SCHROEDER explained that she referred to the rule of lenity
or the rule of strict construction. If a lower offense more
closely matches the conduct at issue and there are no other
distinctions, the rule of lenity requires the prosecutor to
charge the lower offense. Amendment 5 would allow the prosecutor
to separate the overlapping offenses. She pointed out that
significant overlap exists throughout Title 11. It becomes
problematic when the lower offense is the more specific conduct,
so Amendment 5 would alleviate that problem.
SENATOR HUGHES stated her concern was that prosecutors could
charge an offender with a lesser offense than sexual abuse of a
minor.
1:58:20 PM
SENATOR SHOWER removed his objection.
CHAIR HOLLAND found no further objection, and Amendment 5 was
adopted.
1:58:36 PM
CHAIR HOLLAND moved to adopt Amendment 6, work order 32-
GS2029\I.7.
32-GS2029\I.7
Ambrose/Radford
3/29/22
AMENDMENT 6
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 11, lines 4 - 5:
Delete "AS 12.10.010(a) is amended to read:
(a)"
Insert "AS 12.10.010 is amended to read:
Sec. 12.10.010. General time limitations. (a)"
Page 11, line 12:
Delete "AS 11.41.350, 11.41.425"
Insert "AS 11.41.425"
Page 11, line 21:
Delete "first, second, or third"
Insert "first or second"
Page 11, following line 22:
Insert a new subsection to read:
"(b) Except as otherwise provided by law or in
(a) of this section, a person may not be prosecuted,
tried, or punished for an offense unless the
indictment is found or the information or complaint is
instituted not later than
(1) 10 years after the commission of a
felony offense in violation of AS 11.41.120 -
11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1),
11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 -
11.41.458; or
(2) five years after the commission of any
other offense."
1:58:39 PM
SENATOR SHOWER objected for discussion purposes.
1:59:47 PM
MS. SCHROEDER explained that Amendment 6 would create a statute
of limitations of ten years for sex trafficking in the third
degree and human trafficking in the third degree. She stated
that Version I was drafted for an unlimited lookback, but these
crimes relate to the lower-level offenses, such as providing
resources and assistance. The Department of Law believes that a
10-year statute of limitations would be appropriate.
1:59:47 PM
SENATOR SHOWER removed his objection.
1:59:52 PM
CHAIR HOLLAND found no further objection, and Amendment 6 was
adopted.
2:00:13 PM
SENATOR KIEHL moved to adopt Amendment 7, work order 32-
GS2029\I.14.
32-GS2029\I.14
Radford
3/29/22
AMENDMENT 7
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 189(JUD), Draft Version "I"
Page 3, line 28:
Delete "AS 11.41.340"
Insert "(A) of this paragraph, AS 11.41.340,"
2:00:15 PM
CHAIR HOLLAND objected for discussion purposes.
2:00:21 PM
SENATOR KIEHL explained that Amendment 7 provides a technical
change related to sex trafficking in the third degree. It would
add the language "causing or inducing sexual contact," rather
than limiting the offense to conduct involving sexual
penetration.
2:01:06 PM
MS. SCHROEDER stated that the Department of Law does not have
any position on Amendment 7.
2:01:16 PM
SENATOR HUGHES pointed out that the sponsor described it as a
technical amendment.
MS. SCHROEDER agreed with the characterization that Amendment 7
was technical. Amendment 7 would indicate that someone providing
resources or other assistance to promote a violation of the
human trafficking in the first, second, or third-degree would be
engaging in sex trafficking in the third degree.
SENATOR KIEHL agreed.
2:02:26 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 7 was adopted.
2:02:42 PM
SENATOR KIEHL moved to adopt Amendment 8, work order 32-
GS2029\I.17.
32-GS2029\I.17
Radford
3/30/22
AMENDMENT 8
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 189(JUD), Draft Version "I"
Page 1, line 5, following "substance;":
Insert "relating to the Council on Domestic
Violence and Sexual Assault;"
Page 22, following line 25:
Insert new bill sections to read:
"* Sec. 29. AS 18.66.010 is amended to read:
Sec. 18.66.010. Council on Domestic Violence and
Sexual Assault; purpose. There is established in the
Department of Public Safety the Council on Domestic
Violence and Sexual Assault. The purpose of the
council is to provide for planning and coordination of
services to victims of domestic violence, sex
trafficking, or sexual assault or to their families
and to perpetrators of domestic violence and sexual
assault and to provide for crisis intervention and
prevention programs.
* Sec. 30. AS 18.66.050 is amended to read:
Sec. 18.66.050. Duties of the council. The
council shall
(1) hire an executive director, and the
executive director may hire staff; the executive
director is in the exempt service under AS 39.25.110
and staff members are in the classified service under
AS 39.25.100;
(2) elect one of its members as presiding
officer;
(3) in consultation with authorities in the
field, develop, implement, maintain, and monitor
domestic violence, sexual assault, and crisis
intervention and prevention programs, including
educational programs, films, and school curricula on
the cause, prevention, and treatment of domestic
violence, sex trafficking, and sexual assault;
(4) coordinate services provided by the
Department of Law, the Department of Education and
Early Development, the Department of Public Safety,
the Department of Health and Social Services, the
Department of Corrections, and other state agencies
and community groups dealing with domestic violence,
sex trafficking, sexual assault, and crisis
intervention and prevention, and provide technical
assistance as requested by those state agencies and
community groups;
(5) develop and implement a standardized
data collection system on domestic violence, sex
trafficking, sexual assault, and crisis intervention
and prevention;
(6) conduct public hearings and studies on
issues relating to violence, including domestic
violence, sex trafficking, and sexual assault, and on
issues relating to the role of crisis intervention and
prevention;
(7) receive and dispense state and federal
money and award grants and contracts from
appropriations for the purpose to qualified local
community entities for domestic violence, sexual
assault, and crisis intervention and prevention
programs;
(8) oversee and audit domestic violence,
sexual assault, and crisis intervention and prevention
programs that receive money under this chapter;
(9) provide fiscal and technical assistance
to plan, organize, implement, and administer domestic
violence, sexual assault, and crisis intervention and
prevention programs;
(10) make an annual report to the governor
on the activities of the council, plans of the council
for new services and programs, and concerns of the
council, including recommendations for legislation
necessary to carry out the purposes of this chapter;
the council shall notify the legislature that the
report is available;
(11) adopt regulations in accordance with
AS 44.62 (Administrative Procedure Act) to carry out
the purposes of this chapter and to protect the
health, safety, well-being, and privacy of persons
receiving services financed with grants or contracts
under this chapter;
(12) consult with the Department of Health
and Social Services in the formulation of standards
and procedures for the delivery of services to victims
of domestic violence by health care facilities and
practitioners of healing arts and personnel in those
facilities as required in AS 18.66.300;
(13) consult with the Alaska Police
Standards Council and other police training programs
in the state to develop training programs regarding
domestic violence for police officers and for
correction, probation, and parole officers;
(14) consult with public employers, the
Alaska Supreme Court, school districts, and
prosecuting authorities who are required by
AS 18.66.300 - 18.66.310 to provide continuing
education courses in domestic violence to employees.
* Sec. 31. AS 18.66.060 is amended to read:
Sec. 18.66.060. Qualifications for grants and
contracts. A local community entity is qualified to
receive a grant or contract under this chapter if it
agrees to provide services approved by the council to
victims of domestic violence, sex trafficking, or
sexual assault or their families or to perpetrators of
domestic violence or sexual assault without regard to
ability to pay."
Renumber the following bill sections accordingly.
Page 23, following line 19:
Insert a new bill section to read:
"* Sec. 34. AS 18.66.990(2) is amended to read:
(2) "crisis intervention and prevention
program" means a community program that provides
information, education, counseling, and referral
services to individuals experiencing personal crisis
related to domestic violence, sex trafficking, or
sexual assault and to individuals in personal or
professional transition, excluding correctional half-
way houses, outpatient mental health programs, and
drug or alcohol rehabilitation programs;"
Renumber the following bill sections accordingly.
Page 29, line 19:
Delete "sec. 32"
Insert "sec. 36"
Page 29, line 26:
Delete "sec. 29"
Insert "sec. 32"
Page 29, line 27:
Delete "sec. 30"
Insert "sec. 33"
Page 29, line 29:
Delete "sec. 43"
Insert "sec. 47"
2:02:46 PM
CHAIR HOLLAND objected for discussion purposes.
2:02:51 PM
SENATOR KIEHL explained that Amendment 8 would add the victims
of sex trafficking to the Council on Domestic Violence and
Sexual Assault (CDVSA) programs to support victims. He offered
his view that the state could better address sex trafficking if
the victims could get to safety. He acknowledged that some
federal resources were available to provide services to victims
of sex trafficking. He hoped that adding to CDVSA's duties would
help the council bring those resources to the state. Ultimately,
the needs of victims of sex trafficking could be different than
other victims of domestic violence or sexual assault.
2:04:40 PM
DIANE CASTO, Executive Director, Alaska Council on Domestic
Violence and Sexual Assault (CDVSA), Department of Public Safety
(DPS), Juneau, Alaska, stated that she had not considered the
impacts of Amendment 8. She said CDVSA provides services
throughout Alaska for domestic violence and sexual assault
victims. Although the crime of sex trafficking is similar, it
contains different elements of trauma that victims experience
than other victims of sexual assault.
MS. CASTO highlighted that CDVSA provides services via 35
programs throughout the state. She noted that some of their
programs serve a few victims of sex trafficking who have
requested assistance. While someone must provide services to
victims of sex trafficking, it will take time to consider how to
integrate these services without minimizing the services that
CDVSA currently provides to victims of domestic violence and
sexual assault. Further, she must consider the cost of providing
those services. Recently, federal funding to CDVSA has
diminished, so the council faces the possibility of reducing
funding to some of its sub-grantees.
MS. CASTO acknowledged that Amendment 8 has some validity.
However, she could not support it entirely without discussing it
with CDVSA's nine-member board of directors. Further, she noted
that since 2013 CDVSA has consisted of nine staff, even though
their budget has significantly increased. She indicated that the
council would need additional training to provide services to
sex trafficking victims since their needs differ from victims of
domestic violence and sexual assault. She noted that the council
might be the appropriate agency to serve victims of sex
trafficking. Still, the council would want to effectively help
these victims in partnership with other agencies. She envisioned
that it might be necessary to add agencies specializing in
serving these victims. She related that CDVSA's biennial report
provides some data from current providers because the council
asked them to identify any victims of sex trafficking in the
past six months. She offered to analyze that data to better
determine the level of service the council currently provides to
sex trafficking victims. She said it was not one of the highest
types of services that CDVSA provides presently.
2:08:48 PM
SENATOR MYERS stated that the committee had held similar
discussions on this bill and SB 187. He related his
understanding that the Violent Crimes Compensation Commission or
Office of Victims' Rights was currently providing some services
to victims of sex trafficking. He wondered if Amendment 8 would
provide duplicate services.
SENATOR KIEHL agreed that this committee previously held a
conversation about the Children's Justice Act Task Force report
during a previous legislature. That report identified that the
state desperately needed to provide services to victims of sex
trafficking. The task force recognized the importance of helping
victims escape from sex traffickers. For example, some victims
are trapped by addiction or violence. It's essential first to
remove victims of sex trafficking from their circumstances to
enable the state to make cases against the sex traffickers. He
agreed that a few agencies provide some services to victims. He
acknowledged that he understood that CDVSA does not currently
have the resources to provide these services. However, Amendment
8 would set the state on a path to make that investment. He
pointed out that the amendment does not set a timeline for CDVSA
to begin providing services, but the state must address services
for victims of sex trafficking.
2:11:10 PM
SENATOR SHOWER asked whether the sponsor would consider tabling
Amendment 8 to allow CDVSA to assess impacts.
CHAIR HOLLAND asked Senator Kiehl if would like to withdraw the
amendment for future consideration.
SENATOR KIEHL stated his willingness to bring back Amendment 8
at a later date.
2:11:58 PM
SENATOR HUGHES commented that she would like to hear from the
entities that currently provide services to victims of sex
trafficking. She offered her view that passing Amendment 8 would
put CDVSA out of compliance if it did not provide the services
to victims of sex trafficking due to a lack of funding. She
acknowledged that the state should assist victims of sex
trafficking, but it needs to be set up appropriately.
2:13:31 PM
CHAIR HOLLAND withdrew his objection.
2:13:34 PM
SENATOR KIEHL withdrew Amendment 8.
2:13:44 PM
MS. CASTO commented that CDVSA would be able to do much of this
work in conjunction with other agencies, such as the Violent
Crimes Compensation Board (VCCB). She stated that VCCB does not
provide services, but it provides funds to help compensate for
crimes against individuals. She characterized VCCB as a critical
partner, and since it is housed in the Department of Public
Safety (DPS), CDVSA has developed a close working relationship.
She identified the Office of Victims' Rights as another partner
that provides legal services for victims. Thus, even if CDVSA
were the main organization, it would provide services to victims
of sex trafficking in partnership with other agencies. Further,
many of these crimes are federal crimes, so it would need to
work with federal agencies.
2:14:55 PM
SENATOR KIEHL moved to adopt Amendment 9, work order 32-
GS2029\I.16.
32-GS2029\I.16
Radford
3/28/22
AMENDMENT 9
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 189(JUD), Draft Version "I"
Page 8, line 11, following "AS 11.41.350":
Insert ";"
Page 8, line 12:
Delete "[AS 11.66.130]; or"
Insert "[AS 11.66.130; OR]"
Page 8, line 13, following "AS 11.66.135;":
Insert "or
(AA) patron of a victim of sex trafficking
under AS 11.41.355;"
2:15:02 PM
CHAIR HOLLAND objected for discussion purposes.
2:15:05 PM
SENATOR KIEHL explained Amendment 9. He directed attention to
page 8, line 11 of Sec. 9, beginning on page 7, which provides
that a person may not be prosecuted for prostitution if the
person witnessed or was a victim of and reported to law
enforcement in good faith one of the crimes listed in subsection
(c)(1)(A)-(Z). Amendment 9 would add reporting a patron of sex
trafficking to that list of crimes. He stated that this would
cover the instance where a victim could report someone who is
paying for sex acts but was reckless to the fact that the person
was sex trafficked.
CHAIR HOLLAND asked whether the department had any comment on
Amendment 9.
2:16:35 PM
MS. SCHROEDER responded that the Department of Law does not take
a position on Amendment 9.
2:16:43 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 9 was adopted.
2:17:04 PM
SENATOR KIEHL moved to adopt Amendment 10, work order 32-
GS2029\I.11.
32-GS2029\I.11
Radford
3/29/22
AMENDMENT 10
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 189(JUD), Draft Version "I"
Page 2, lines 18 - 21:
Delete all material and insert:
"(1) acting as other than a patron of a
victim of sex trafficking, induces or causes another
person, through the use of force or threat of force
against any person, to engage in commercial sexual
conduct involving
(A) sexual penetration; or
(B) conduct prohibited under
AS 11.61.140(a)(6);"
2:17:07 PM
CHAIR HOLLAND objected for discussion purposes.
2:17:12 PM
SENATOR KIEHL explained that Amendment 10 relates to sex
trafficking in the first degree. He offered his view that it is
a clean-up amendment. It would ensure that a person who has been
sex trafficked for the purpose of bestiality, with money
changing hands, would be treated similarly to a person
trafficked for other sexual conduct.
2:18:29 PM
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, explained that Amendment 10 was
technical. She related that the sponsor of Amendment 10
understood the intent was that all of the conduct in sex
trafficking was commercial in nature. She explained that it was
unclear that the commercial aspect related to AS
11.61.140(a)(6).
2:18:59 PM
MS. SCHROEDER stated that the Department of Law agreed that this
was a clean-up amendment.
2:19:08 PM
CHAIR HOLLAND withdrew his objection; he found no further
objection, and Amendment 10 was adopted.
2:19:26 PM
SENATOR KIEHL moved to adopt Amendment 11, work order 32-
GS2029\I.12.
32-GS2029\I.12
Radford
3/29/22
AMENDMENT 11
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 189(JUD), Draft Version "I"
Page 2, line 21, following "person;":
Insert "or"
Page 2, lines 22 - 25:
Delete all material and insert:
(2) violates AS 11.41.345 or 11.41.350 and
the person induced or caused to engage in commercial
sexual conduct is
(A) under 20 years of age; or
(B) in the legal custody of that person."
2:19:35 PM
CHAIR HOLLAND objected for discussion purposes.
2:19:56 PM
MS. SCHLINGHEYDE explained that Amendment 11 related to cases in
which the victim was in the legal custody of the perpetrator. It
clarifies that it would be an unclassified felony when the
offender violates sex trafficking in the second or third degree.
Version I is clear for victims under the age of 20. However, the
language reads "induces or causes" when the victim is in the
legal custody of the perpetrator, which does not capture the
elements of sex trafficking in the second or third degree.
2:20:24 PM
MS. SCHROEDER agreed it was a clarifying amendment. She said
Amendment 11 would take the concept on page 2, lines 22-25, and
list them rather than keeping them in paragraph form, which is
much easier to understand.
2:20:47 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 11 was adopted.
2:21:04 PM
SENATOR KIEHL said he would not offer Amendment 12.
2:21:25 PM
CHAIR HOLLAND moved to adopt Amendment 13, work order 32-
GS2029\I.3.
32-GS2029\I.3
Ambrose/Radford
3/29/22
AMENDMENT 13
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 20, line 29:
Delete "AS 11.41.340 - 11.41.350"
Insert "AS 11.41.340 - 11.41.355"
Page 26, line 12:
Delete "AS 11.41.340 - 11.41.350"
Insert "AS 11.41.340 - 11.41.355"
2:21:29 PM
SENATOR SHOWER objected for discussion purposes.
2:21:39 PM
MS. SCHROEDER explained Amendment 13 would add the crime of
"patron of sex trafficking" to the list of registerable
offenses, as it was in the original bill. However, in drafting
Version I, it dropped off. The second part of Amendment 13 would
add "patron of a victim of sex trafficking" to the list of
crimes for which a subpoena could be obtained.
2:22:18 PM
SENATOR MYERS asked for the registration requirements for
someone who is a patron of prostitution rather than for sex
trafficking.
MS. SCHROEDER responded that under current law, a person who
purchases sexual conduct with a person under the age of 18 could
be subject to registering as a sex offender for a duration of 15
years.
2:23:03 PM
SENATOR MYERS offered his view that the second half of Amendment
12 related to an administrative subpoena. However, he was unsure
about the first half of Amendment 13.
CHAIR HOLLAND commented that one option would be to offer a
conceptual amendment to Amendment 13 to strike the first half or
roll the amendment to a subsequent hearing on SB 189.
2:23:35 PM
SENATOR HUGHES related her understanding that this pertained to
registerable offenses for patrons.
MS. SCHROEDER agreed. She explained that the original version of
SB 189 made the crime of "patron of a victim of sex
trafficking," which is a person who is reckless about purchasing
sex from a victim of sex trafficking, a registerable offense.
Version I dropped that provision, so the first part of Amendment
13 adds that provision. The crime of "johns" purchasing sex from
someone under the age of 18 was repealed and established as a
"patron of a victim of sex trafficking." That crime separates
patrons who are purchasing sex from an adult, from those who
purchase sex from someone under the age of 18. Amendment 13
would make those crimes a registerable offense.
2:24:43 PM
SENATOR HUGHES asked for an explanation of reckless.
MS. SCHROEDER responded that a reckless mental state means that
the person must be aware of and consciously disregard a
substantial and unjustifiable risk that a circumstance exists.
It would be a gross deviation from the standard of care that a
reasonable person would exercise. The patron would need to be
aware of a substantial risk that this person was a victim of sex
trafficking and disregard that fact. As Mr. Skidmore previously
testified, the Department of Law does not suggest this would be
easy to prove. However, Amendment 13 would provide the
Department of Law with this tool to address that conduct.
2:25:47 PM
SENATOR HUGHES stated her preference to keep that language in
Amendment 13.
2:25:52 PM
SENATOR KIEHL turned to part two of Amendment 13. He related
that this language relates to administrative subpoenas. He asked
for a comparison of existing law and this law regarding the
severity of sentencing for a patron of a victim of sex
trafficking.
MS. SCHROEDER deferred to Mr. Skidmore.
2:27:06 PM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Criminal Division, Department of Law, Anchorage,
Alaska, understood the question was to identify the current
types of crimes for which administrative subpoenas are
authorized related to a patron of sex trafficking.
CHAIR HOLLAND agreed.
MR. SKIDMORE stated that administrative subpoenas were allowed
for homicides and sex offenses. However, he would like to get
the full scope of other crimes related to administrative
subpoenas.
2:28:10 PM
At ease
2:28:43 PM
CHAIR HOLLAND reconvened the meeting.
2:29:01 PM
MR. SKIDMORE explained that Amendment 13 made specific
references to the administrative subpoena powers of the attorney
general in a case involving the use of an internet account. He
stated that this identified AS 11.41.452, 11.41.455, and
11.61.125-128. He explained that AS 11.61.125 relates to the
current location for sex trafficking statutes first through the
fourth degree. The department has relocated those statutes to AS
11.41. He referred to page 26, line 12, of Version I, which
adjusts those references. In addition, Sec. 36, subsection (A)
includes AS 11.41.452 and 11.41.455. He noted that AS 11.41.452
relates to the enticement of a minor. That crime relates to a
person over the age of 18 who is communicating with someone
under the age of 16 with the intent to entice, solicit, or
encourage the person under the age of 16 to engage in certain
sex acts or the sharing of information about sexual acts.
2:30:34 PM
MR. SKIDMORE explained how this would relate to a patron. He
stated that AS 11.41.452 relates to an adult trying to entice a
minor to engage in specific sexual acts. He offered his view
that this would be similar to a patron attempting to purchase
sex from someone under the age of 18 or attempting to entice
someone to engage in sexual contact who is an adult, reckless to
the fact that the adult being enticed is a victim of sex
trafficking. He reiterated that he believed that conduct to be
similar.
2:31:35 PM
MR. SKIDMORE stated that during the initial presentation on the
bill, a discussion indicated that much of the conduct in sex
trafficking occurs online, which is why administrative subpoenas
are used. He related that the enticement of a minor is a class A
felony. He noted that when the offender is a patron, it is a
lower-level crime, classified as a C felony.
MR. SKIDMORE stated that AS 11.41.455 relates to the unlawful
exploitation of a minor, an unclassified felony when the victim
is under 13 years of age. It is a class A felony when the victim
is over 18 years of age. He noted that unlawful exploitation of
a minor is a crime in which the offender intends to produce a
live performance, a film, audio, video, or electronic photo of a
person under the age of 18 engaged in sexualized conduct
prohibited by law. He offered his view that it was similar
conduct since it attempts to engage minors in sexualized conduct
prohibited by criminal law. The only difference is that the
other crimes referenced tend to be at a higher level.
2:33:56 PM
SENATOR SHOWER removed his objection.
2:34:00 PM
CHAIR HOLLAND withdrew Amendment 13.
2:34:13 PM
CHAIR HOLLAND moved to adopt Amendment 14, work order 32-
GS2029\I.9.
32-GS2029\I.9
Radford
3/28/22
AMENDMENT 14
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 10, lines 28 - 30:
Delete ""services, resources, or other
assistance" does not include charitable or
humanitarian aid provided directly to a victim of sex
trafficking;"
2:34:17 PM
SENATOR SHOWER objected for discussion purposes.
2:34:24 PM
MS. SCHROEDER explained Amendment 14 was a clean-up amendment
removing superfluous language. She stated that this language was
not necessary because of how this statute was drafted. If
someone was providing resources, services, or other assistance
directly to a victim of sex trafficking, it would be a specific
intent crime as to the person's conscious objective to promote a
violation of those crimes. She stated that the Department of Law
could not envision a situation in which a person being
charitable would have that mental state.
2:35:18 PM
CHAIR HOLLAND withdrew his objection, then noted that Senator
Shower had objected to Amendment 14.
2:35:29 PM
SENATOR SHOWER removed his objection.
CHAIR HOLLAND found no further objection, and Amendment 14 was
adopted.
2:35:52 PM
CHAIR HOLLAND moved to adopt Amendment 15, work order 32-
GS2029\I.8.
32-GS2029\I.8
Radford
3/28/22
AMENDMENT 15
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 189(JUD), Draft Version "I"
Page 4, lines 1 - 3:
Delete all material.
Reletter the following subsections accordingly.
Page 16, line 11:
Delete "AS 11.41.350(d)(1)"
Insert "AS 11.41.350(c)(1)"
Page 16, line 31:
Delete "AS 11.41.350(d)(2)"
Insert "AS 11.41.350(c)(2)"
Page 17, line 7:
Delete "AS 11.41.350(d)(1)"
Insert "AS 11.41.350(c)(1)"
2:35:56 PM
SENATOR SHOWER objected for discussion purposes.
2:36:02 PM
MS. SCHROEDER explained that Amendment 15 was a clean-up
amendment. It would delete language that referred to a client
referral process. This language was unnecessary because of how
the statutes were drafted. The person would be required to act
with the intent to promote sex trafficking, which is a specific
intent crime. She stated that if someone were referring a client
to someone else, it was unclear that the person would be
engaging with the specific intent to promote sex trafficking.
2:36:48 PM
SENATOR KIEHL asked about the client referral process. He
wondered if a bad actor knowingly purchased sex acts from a
victim of sex trafficking and recommends that person to an
acquaintance if it constitutes an intent to have the
acquaintance purchase sex acts from that victim.
MS. SCHROEDER stated that she was unsure why this language was
in Version I because the Department of Law did not request it.
She related that the scenario he described could be accurate,
but the department was unaware of the legal reason to add the
language.
SENATOR KIEHL offered his view that Amendment 15 was a good
amendment.
2:38:13 PM
SENATOR MYERS related his understanding that the goal was to
punish certain activities but not impact those unaware of sex
trafficking. He said he was somewhat inclined to leave that
language in place to clarify that a "john" who went to a
prostitute and recommended that prostitute would not necessarily
relate to sex trafficking.
2:39:23 PM
SENATOR KIEHL related his understanding that this would only
require prosecution if the intent to promote existed. He
surmised that it would be difficult to prove, but it would
acknowledge the unwitting person because the person must have
the intention to promote sex traffic.
2:39:55 PM
SENATOR SHOWER maintained his objection.
2:40:13 PM
At ease
2:42:29 PM
CHAIR HOLLAND reconvened the meeting.
2:42:35 PM
SENATOR HUGHES asked whether a person who intended to promote
sex trafficking by referring a client could be charged.
MS. SCHROEDER answered no, explaining that it must be based on
the conduct.
SENATOR HUGHES suggested this should be deleted. She stated that
the legislature would want the Department of Law to pursue
individuals promoting sex trafficking. She indicated her support
for Amendment 15.
2:43:33 PM
A roll call vote was taken. Senators Hughes, Kiehl, and Holland
voted in favor of Amendment 15, and Senators Myers and Shower
voted against it. Therefore, Amendment 15 was adopted by a 3:2
vote.
CHAIR HOLLAND stated that Amendment 15 was adopted on a vote of
3 yeas and 2 nays.
2:44:24 PM
SENATOR KIEHL moved to adopt Amendment 16, work order 32-
GS2029\I.15
32-GS2029\I.15
Radford
3/30/22
AMENDMENT 16
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 189(JUD), Draft Version "I"
Page 4, lines 5 - 6:
Delete all material and insert:
"(1) "place of prostitution" means any
place where a person engages in commercial sexual
conduct in return for a fee and the person is not the
manager, supervisor, owner, or other person who
controls the place;"
2:44:32 PM
CHAIR HOLLAND objected for discussion purposes.
2:44:47 PM.
SENATOR KIEHL explained that Amendment 16 would provide some
specificity to the definition of "place of prostitution." He
stated it would ensure that a place of prostitution cannot be a
place where the prostitute acts as their own manager. It would
require another person to be involved in prostitution.
2:45:08 PM
MS. SCHROEDER deferred to Mr. Skidmore.
2:45:21 PM
MR. SKIDMORE stated that this changes the language by adding the
phrase "and the person is not the manager, supervisor, owner, or
other person who controls the place" when discussing a place of
prostitution. He explained this would mean a place of
prostitution would be where a person is engaging in commercial
sex conduct in exchange for a fee. The person is not the
manager, supervisor, owner, or another person who controls the
place. He surmised that Amendment 16 was trying to say if a
person manages, supervises, or owns their residence, it is not a
place of prostitution unless a second person is involved. He
noted that this might work in conjunction with the other term,
"prostitution enterprise," an arrangement in which two or more
persons are organized to render sexual conduct in return for a
fee. He stated that the department doesn't have a position.
2:47:14 PM
SENATOR HUGHES asked whether this would affect any policy.
MR. SKIDMORE answered no. He offered his belief that it does not
substantially impact "a place of prostitution." He concurred
with Senator Kiehl's assessment that it would clarify what
qualifies as "a place of prostitution."
2:48:06 PM
SENATOR HUGHES said suppose a sex trafficker told a victim to
use their apartment or was on the title as a co-owner. She
related her understanding that Amendment 16 would apply.
MR. SKIDMORE answered that "place of prostitution" and
"prostitution enterprise" pertain to a commercial aspect of
prostitution. He said it wouldn't relate to a single individual
but could be a hotel room, apartment, or flophouse used for
prostitution. He stated that Amendment 16 would not prevent the
Department of Law from charging another individual for forcing
someone to engage in commercial sexual conduct related to sex
trafficking. This provision only focuses on instances where
someone owns, manages, or controls a location where a
significant amount of prostitution occurs.
2:50:28 PM
SENATOR HUGHES wondered whether it would be a worse crime if the
perpetrator had a place of prostitution than if they required
all their victims to use their apartments for commercial sexual
activity. She further asked if the perpetrator would get a
lighter sentence.
MR. SKIDMORE answered no. He explained that a different
subsection would address the person controlling the sex workers
rather than controlling the location. He noted that a person
could be prosecuted for controlling the location or controlling
the person. Amendment 16 would more expressly describe the
limits on controlling the location, but if the trafficker
controls the people, it is still punishable at the same level.
2:52:13 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 16 was adopted.
2:52:40 PM
At ease
2:53:36 PM
CHAIR HOLLAND reconvened the meeting.
2:53:44 PM
SENATOR KIEHL moved to adopt Amendment 17, work order 32-
GS2029\I.18.
32-GS2029\I.18
Radford
3/29/22
AMENDMENT 17
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 189(JUD), Draft Version "I"
Page 5, lines 2 - 6:
Delete all material and insert:
"violates AS 11.41.365 and the victim is
(1) under 20 years of age; or
(2) in the legal custody of that person
[COMPELS OR INDUCES ANOTHER PERSON TO ENGAGE IN SEXUAL
CONDUCT, ADULT ENTERTAINMENT, OR LABOR IN THE STATE BY
FORCE OR THREAT OF FORCE AGAINST ANY PERSON, OR BY
DECEPTION]."
Page 5, lines 16 - 31:
Delete all material and insert:
"force or threat of force against any person [OBTAINS
A BENEFIT FROM THE COMMISSION OF HUMAN TRAFFICKING
UNDER AS 11.41.360, WITH RECKLESS DISREGARD THAT THE
BENEFIT IS A RESULT OF THE TRAFFICKING]."
Page 6, line 4, following "if":
Insert "(1) under circumstances not proscribed
under AS 11.41.340 - 11.41.355, and with the intent to
promote human trafficking, induces or causes another
person to engage in adult entertainment or labor by
(A) exposing or threatening to expose
confidential information, whether true or false, that
would subject a person to hatred, contempt, or
ridicule;
(B) destroying, concealing, or threatening
to destroy or conceal an actual or purported passport
or immigration document or another actual or purported
identification document of any person;
(C) threatening to report a person to a
government agency for the purpose of arrest or
deportation;
(D) threatening to collect a debt;
(E) instilling in a person a fear that
lodging, food, clothing, or medication will be
withheld from any person;
(F) providing a controlled substance or
withholding a controlled substance from the other
person; or
(G) deception; or
(2)"
Page 6, line 8, following "if":
Insert "(A) the person violates (a)(1) of this
section;
(B)"
2:53:47 PM
CHAIR HOLLAND objected for discussion purposes.
2:54:28 PM
MS. SCHLINGHEYDE explained Amendment 17 would address levels of
human trafficking. She referred to page 5, lines 2-6, human
trafficking in the first degree, which includes a victim under
20 years of age, which is currently in the bill. It would also
add a victim in the legal custody of the perpetrator, which is
not currently in the bill but mirrors the language in the sex
trafficking section, elevating it to an unclassified felony when
force or inducement was used.
2:55:06 PM
MS. SCHLINGHEYDE referred to page 5, lines 16-31. She stated
that human trafficking in the second degree would be using
"force or threat of force" to induce someone to engage in adult
entertainment or labor, a class A felony.
MS. SCHLINGHEYDE referred to page 6, line 4. She stated that
human trafficking in the third degree would be when someone
causes or induces a person to engage in adult entertainment or
labor, which would be a class B felony as per the current
statute.
2:56:04 PM
At ease
2:56:22 PM
CHAIR HOLLAND reconvened the meeting.
2:56:29 PM
SENATOR MYERS related his understanding that the committee
substitute (CS) for SB 189, Version I, would raise the penalties
of human trafficking by a notch. For example, a class A felony
was increased to an unclassified felony, and a class B felony
was increased to a class A felony. He related his understanding
that Amendment 17 would reduce the penalties to current law
except when the victim is under 18 years of age or is someone
under the offender's care. In those instances, the sentence
would be increased to an unclassified felony.
2:57:34 PM
MS. SCHLINGHEYDE answered yes, primarily so. She explained that
Amendment 17 maintains the changes in the committee substitute
(CS) for SB 189, Version I related to some of the elements of
the offense, such as defining force or threat of force or
listing the ways a victim could be induced. She referred to the
language on page 1, line 20 of Amendment 17, which matches the
language in Version I.
2:57:59 PM
SENATOR KIEHL added that the rationale related to forcing or
inducing someone into labor. He noted that Mr. Skidmore used the
term "slavery." He explained that Amendment 17 would treat sex
slavery more severely than other work.
2:59:01 PM
CHAIR HOLLAND asked whether Amendment 17 would need a conceptual
amendment.
2:59:14 PM
SENATOR KIEHL responded that the committee might need to clarify
that human trafficking does not include parents requiring
children to do work for the family within the bounds of reason.
For example, shoveling the walk or the roof would be considered
chores, not human trafficking.
CHAIR HOLLAND asked the Department of Law to comment on
Amendment 17.
2:59:59 PM
MS. SCHROEDER deferred to Mr. Skidmore.
3:00:11 PM
MR. SKIDMORE stated that Amendment 17 does not change the
penalty for human trafficking in the first degree for victims
who are 20 years of age, but it adds victims in the legal
custody of the offender. He agreed with Senator Kiehl that the
intent of SB 189 was not to include parents assigning their
children chores as human traffickers. Instead, human trafficking
refers to inappropriate labor, such as threatening to withhold
food, lodging, or clothing. He acknowledged that if a child
wanted a nice pair of jeans, and the parent states they will
withhold the jeans until the child shovels the driveway or roof,
it could technically be considered human trafficking under the
bill.
MR. SKIDMORE turned to the penalty provisions for sex
trafficking in Amendment 17. He reviewed the penalty provisions
for human trafficking. Under current law, using force or the
threat of force is a class A felony rather than an unclassified
felony. He said the sex trafficking statutes classify the
crimes, including use of force or when a victim is under 20
years of age, as sex trafficking in the first degree. He
explained that the penalty for an unclassified felony that was
not a sex offense could result in a sentencing range from 5
years to 99 years. He cautioned that the higher end of the
spectrum is not what happens in most cases; instead, the
penalties begin with five years of imprisonment for threatening
someone with force. He stated that reducing it to a class A
felony would result in a 4 to 7 years sentencing range, which is
not a substantial difference. He highlighted that the penalties
for the list of human trafficking crimes that promote labor
would be reduced from a class A felony to either a class B or a
class C felony. He stated that the restructuring does not follow
the same framework for sex trafficking. He agreed the penalty
provisions should be tiered, but the conduct is broken out
differently for human trafficking. He acknowledged that it was a
policy call for the legislature to decide how to sanction those
engaging in human trafficking.
3:04:35 PM
SENATOR KIEHL related his understanding that the severity of the
class A felony and class B felony lined up with current law. His
proposed changes were reduced from the original bill but not
from current Alaska law.
MS. SCHROEDER agreed that was her understanding of Amendment 17.
3:05:40 PM
SENATOR KIEHL withdrew Amendment 17 with the intention to offer
it at a later date.
3:06:18 PM
CHAIR HOLLAND held SB 189 in committee.
3:06:28 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 3:06 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS SB 189 version I (SJUD).pdf |
SJUD 3/30/2022 1:30:00 PM |
SB 189 |
| SB189 - Letter of Opposition to version I (CUSP).pdf |
SJUD 3/30/2022 1:30:00 PM |
SB 189 |
| SB 189 Summary of Changes A to I.pdf |
SJUD 3/30/2022 1:30:00 PM |
SB 189 |
| SB 189 SJUD Amendment Packet.pdf |
SJUD 3/30/2022 1:30:00 PM |
SB 189 |
| SJC SB 187 and SB 189 - The Legislative Intent.pdf |
SJUD 3/30/2022 1:30:00 PM |
SB 187 SB 189 |
| AKPIRG_Oppose SB 189.pdf |
SJUD 3/30/2022 1:30:00 PM |
SB 189 |