Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/17/2014 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 201 CRIMINAL TRESPASS ON PRIVATE PROPERTY TELECONFERENCED
Heard & Held
+ Confirmations: TELECONFERENCED
Board of Governors of the Alaska Bar
William Granger
Commission of Judicial Conduct
Marc June
Bills Previously Heard/Scheduled
+= SB 187 CHILD WELFARE; CONFIDENTIAL INFORMATION TELECONFERENCED
Moved CSSB 187(JUD) Out of Committee
+= SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION TELECONFERENCED
Heard & Held
+= SB 176 REG. OF FIREARMS/KNIVES BY UNIVERSITY TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 17, 2014                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Fred Dyson                                                                                                              
Senator Donald Olson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire, Vice Chair                                                                                               
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 187                                                                                                             
"An Act  relating to the  crime of  endangering the welfare  of a                                                               
child in the  second degree; relating to the  crime of misconduct                                                               
involving confidential information in  the first degree; amending                                                               
Rule 16(d)(3), Alaska Rules of  Criminal Procedure; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED CSSB 187(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 201                                                                                                             
"An Act relating to the crime of trespass."                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 170                                                                                                             
"An Act relating to a defense to the crime of prostitution for                                                                  
victims of sex trafficking."                                                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 176                                                                                                             
"An Act relating to the regulation of firearms and knives by the                                                                
University of Alaska."                                                                                                          
                                                                                                                                
     - HEARD & HEL                                                                                                              
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
     Board of Governors of the Alaska Bar                                                                                   
          WILLIAM GRANGER                                                                                                       
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
     Commission of Judicial Conduct                                                                                         
          MARC W. JUNE                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 187                                                                                                                  
SHORT TITLE: CHILD WELFARE; CONFIDENTIAL INFORMATION                                                                            
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/21/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/14       (S)       JUD                                                                                                    
03/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/12/14       (S)       Heard & Held                                                                                           
03/12/14       (S)       MINUTE(JUD)                                                                                            
03/14/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/14       (S)       -- MEETING CANCELED --                                                                                 
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 201                                                                                                                  
SHORT TITLE: CRIMINAL TRESPASS ON PRIVATE PROPERTY                                                                              
SPONSOR(s): SENATOR(s) STEDMAN                                                                                                  
                                                                                                                                
02/24/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/24/14       (S)       JUD                                                                                                    
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 170                                                                                                                  
SHORT TITLE: AFFIRMATIVE DEFENSE TO PROSTITUTION                                                                                
SPONSOR(s): SENATOR(s) GARDNER                                                                                                  
                                                                                                                                
02/12/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/14       (S)       JUD                                                                                                    
03/14/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/14       (S)       -- MEETING CANCELED --                                                                                 
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 176                                                                                                                  
SHORT TITLE: REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                              
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
02/14/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/14       (S)       JUD                                                                                                    
03/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/03/14       (S)       Heard & Held                                                                                           
03/03/14       (S)       MINUTE(JUD)                                                                                            
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/05/14       (S)       Heard & Held                                                                                           
03/05/14       (S)       MINUTE(JUD)                                                                                            
03/10/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/10/14       (S)       Heard & Held                                                                                           
03/10/14       (S)       MINUTE(JUD)                                                                                            
03/14/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/14/14       (S)       -- MEETING CANCELED --                                                                                 
03/17/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information related to SB 187 on                                                                 
behalf of the sponsor.                                                                                                          
                                                                                                                                
SENATOR BERT STEDMAN                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 201.                                                                                        
                                                                                                                                
CAPTAIN BURKE WALDRON, Operations Commander                                                                                     
Alaska State Troopers                                                                                                           
Division of Alaska Wildlife Troopers                                                                                            
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided information related to SB 201.                                                                   
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to SB 201.                                                                     
                                                                                                                                
SENATOR BERTA GARDNER                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 170.                                                                                        
                                                                                                                                
STEVEN HANDY, Intern                                                                                                            
Senator Berta Gardner                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 170 on behalf of the sponsor.                                                               
                                                                                                                                
ROBIN RICHARDSON, Urban Justice Center                                                                                          
New York City                                                                                                                   
New York                                                                                                                        
POSITION STATEMENT: Provided information related to SB 170.                                                                   
                                                                                                                                
JESSICA EMERSON, Staff                                                                                                          
Equal Justice Works Fellow                                                                                                      
Women's Law Center of Maryland                                                                                                  
Towson, Maryland                                                                                                                
POSITION STATEMENT: Testified in support of SB 170.                                                                           
                                                                                                                                
PATRICK VENTGEN, representing himself                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified that SB 170 is a good start.                                                                    
                                                                                                                                
MAXINE DOOGAN                                                                                                                   
Community United for Safety and Protection                                                                                      
California                                                                                                                      
POSITION STATEMENT: Offered suggestions to improve SB 170.                                                                    
                                                                                                                                
TARA RUPANI, Member                                                                                                             
Community United for Safety and Protection                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 170 as a child                                                                 
trafficking victim.                                                                                                             
                                                                                                                                
DIANA BLINE, Director                                                                                                           
Program Services                                                                                                                
Covenant House Alaska                                                                                                           
Arizona                                                                                                                         
POSITION STATEMENT: Testified in strong support of SB 170.                                                                    
                                                                                                                                
KAYT SUNWOOD, representing herself                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 170.                                                                           
                                                                                                                                
JEAN RICHEY, Ph.D., Professor                                                                                                   
University of Alaska Fairbanks                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in strong support of SB 170 and                                                                 
expressed hope that the language would be made stronger.                                                                        
                                                                                                                                
DAVID POPPE, representing himself                                                                                               
Nenana, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 170.                                                                           
                                                                                                                                
KEYANA MARSHALL, representing herself                                                                                           
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 170.                                                                           
                                                                                                                                
ALBERT JUDSON, representing himself                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition to SB 176.                                                                        
                                                                                                                                
SHAUNA THORNTON, Speaker                                                                                                        
Coalition of Student Leaders                                                                                                    
Kenai Peninsula College                                                                                                         
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Testified in opposition to SB 176.                                                                        
                                                                                                                                
MICHAEL MANCILL, representing himself                                                                                           
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT: Stated  support for  SB 176  and reservation                                                             
that it would allow guns in dorms.                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:58 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:32  p.m. Present at the  call to                                                               
order were Senators Dyson, Olson, and Chair Coghill.                                                                            
                                                                                                                                
         SB 187-CHILD WELFARE; CONFIDENTIAL INFORMATION                                                                     
                                                                                                                                
1:33:53 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of  SB 187,"An  Act                                                               
relating to  the crime of endangering  the welfare of a  child in                                                               
the second degree; relating to  the crime of misconduct involving                                                               
confidential  information  in  the first  degree;  amending  Rule                                                               
16(d)(3), Alaska  Rules of Criminal Procedure;  and providing for                                                               
an effective date." This was the second hearing on the bill.                                                                    
                                                                                                                                
CHAIR COGHILL removed the objection  he stated during the 3/12/14                                                               
hearing. Finding no further objection, Version N was adopted.                                                                   
                                                                                                                                
1:34:36 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature, Juneau,  Alaska, provided information related  to SB
187  on  behalf  of  the  sponsor. She  noted  that  she  had  an                                                               
amendment prepared to address the  concerns that Senators McGuire                                                               
and Wielechowski expressed during the previous hearing.                                                                         
                                                                                                                                
1:35:23 PM                                                                                                                    
SENATOR DYSON moved to adopt Amendment 1, labeled 28-LS1145\N.1.                                                                
                                                                                                                                
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  CSSB 187(   ), Draft Version "N"                                                                                 
                                                                                                                                
     Page 2, line 17:                                                                                                           
          Delete "the"                                                                                                          
                                                                                                                                
     Page 2, line 18:                                                                                                           
          Delete "victim"                                                                                                       
          Insert "an adult victim or a minor victim for                                                                         
      whom the disabilities of minority have been removed                                                                       
     for general purposes under AS 09.55.590"                                                                                   
                                                                                                                                
     Page 2, line 19, following "(ii)":                                                                                         
          Insert "a"                                                                                                            
                                                                                                                                
     Page 5, line 2:                                                                                                            
          Delete "another person"                                                                                               
          Insert "a party's expert witness"                                                                                     
                                                                                                                                
     Page 5, line 9:                                                                                                            
          Delete "This Act applies"                                                                                             
          Insert "(a) Sections 1 and 2 of this Act apply to                                                                     
      offenses committed on or after the effective date of                                                                      
     this Act.                                                                                                                  
          (b) Sections 3 - 5 of this Act apply"                                                                                 
                                                                                                                                
MS. MOSS  explained that  the amendment takes  care of  a concern                                                               
that Senator McGuire had that by  default, if there was no parent                                                               
or  guardian, there  would be  a  situation where  a minor  could                                                               
release confidential information. It  also addresses a concern by                                                               
Senator Wielechowski  about broad access to  the information, and                                                               
allows expert  witnesses access to confidential  information. The                                                               
final provision  of the amendment addresses  the applicability of                                                               
the  bill and  divides it  into two  parts; applicability  to the                                                               
crime and charges  committed on or after the  effective date, and                                                               
the   applicability  of   confidential  information   in  ongoing                                                               
criminal proceedings.                                                                                                           
                                                                                                                              
CHAIR COGHILL removed his objection  and Amendment 1 was adopted.                                                             
Finding no questions or comment, he solicited a motion.                                                                         
                                                                                                                                
1:38:01 PM                                                                                                                    
SENATOR DYSON  moved to report  CS for  SB 187, as  amended, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL announced  that without  objection, CSSB  187(JUD)                                                               
was reported from the Senate Judiciary Standing Committee.                                                                      
                                                                                                                                
1:38:31 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
          SB 201-CRIMINAL TRESPASS ON PRIVATE PROPERTY                                                                      
                                                                                                                                
1:39:35 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  SB  201,"An  Act  relating to  the  crime  of                                                               
trespass." This was the first hearing.                                                                                          
                                                                                                                                
1:39:52 PM                                                                                                                    
SENATOR  STEDMAN,  Alaska   State  Legislature,  Juneau,  Alaska,                                                               
sponsor  of SB  201, introduced  the legislation  by reading  the                                                               
following   sponsor   statement   into  the   record:   [Original                                                               
punctuation provided.]                                                                                                          
                                                                                                                                
     As  a  landowner,  you  have   the  right  to  regulate                                                                    
     activities  on  your   property.  However,  in  Alaska,                                                                    
     current  state  law gives  a  person  the privilege  to                                                                    
     enter  and remain  on unimproved  or apparently  unused                                                                    
     land  that isn't  posted with  "no trespassing"  signs.                                                                    
     Furthermore, a sign  must be placed at  each roadway or                                                                    
     access point onto the property.                                                                                            
     Many Alaskans own private  property in remote locations                                                                    
     with  inclement weather.  No trespassing  signs can  be                                                                    
     blown  down, removed  by vandals,  or covered  by snow.                                                                    
     The  lack   of  visible  signage  should   not  absolve                                                                    
     trespassers of guilt.                                                                                                      
                                                                                                                                
     Senate   Bill   201   would   repeal   Alaska   Statute                                                                    
     11.46.350(b) and (c),  thereby removing the requirement                                                                    
     that private  property be posted in  order for criminal                                                                    
     trespass  laws  to  be  enforced.   It  should  be  the                                                                    
     responsibility of  the individual to know  who owns the                                                                    
     property that  they want to access.  Today's technology                                                                    
     allows many options for  individuals to identify public                                                                    
     and private property boundaries  such as topo maps that                                                                    
     can  be  downloaded  on  a   smart  phone  or  GPS.  In                                                                    
     addition, the  public can access maps  showing property                                                                    
     boundaries  from   the  state  Department   of  Natural                                                                    
     Resources,  the  U.S.  Geological Survey,  as  well  as                                                                    
     municipal plats available at city hall.                                                                                    
                                                                                                                                
1:42:12 PM                                                                                                                    
SENATOR STEDMAN opined that "No  Trespassing" signs are offensive                                                               
to many  and putting them up  can create more problems  than they                                                               
solve. This  legislation is  intended to  eradicate the  need for                                                               
those signs.                                                                                                                    
                                                                                                                                
1:45:33 PM                                                                                                                    
SENATOR OLSON  asked if his attitude  would change if he  were to                                                               
find that  his own cabin  was used and  burned to the  ground. He                                                               
provided an example where someone might  need to use the cabin in                                                               
an emergency.                                                                                                                   
                                                                                                                                
SENATOR STEDMAN said  he didn't think so. When it's  a health and                                                               
safety issue  someone could  use the  cabin. He  did not  see the                                                               
effectiveness in that situation.                                                                                                
                                                                                                                                
CHAIR  COGHILL  noted  that Captain  Burke  Waldron  and  Quinlan                                                               
Steiner were available to answer questions.                                                                                     
                                                                                                                                
SENATOR  OLSON commented  that someone  in need  would break  the                                                               
lock to get into a cabin.                                                                                                       
                                                                                                                                
1:47:50 PM                                                                                                                    
SENATOR DYSON observed that this  didn't change the law regarding                                                               
vandalism of private property.                                                                                                  
                                                                                                                                
SENATOR STEDMAN said "not in a  literal form." He opined that the                                                               
bill would not incite people.                                                                                                   
                                                                                                                                
CHAIR  COGHILL asked  Captain Waldron  his  view of  the bill  in                                                               
terms of whether no trespassing  signs are an enticement or serve                                                               
a legal purpose of fair warning.                                                                                                
                                                                                                                                
1:49:44 PM                                                                                                                    
CAPTAIN  BURKE   WALDRON,  Operations  Commander,   Alaska  State                                                               
Troopers,  Division of  Alaska Wildlife  Troopers, Department  of                                                               
Public  Safety,   Anchorage,  Alaska,  advised  that   he's  seen                                                               
situations  where the  signs are  vandalized or  removed, but  he                                                               
couldn't  speak  to  whether  it  entices  further  vandalism  or                                                               
criminal mischief.                                                                                                              
                                                                                                                                
CHAIR COGHILL asked  if it's reasonable to expect  people to know                                                               
their location based on GPS information.                                                                                        
                                                                                                                                
CAPTAIN WALDRON said  he hasn't verified the accuracy  of any GPS                                                               
units,  but  found  some  of  them to  be  accurate.  The  Alaska                                                               
Department  of Fish  and  Game  (ADF&G) has  tested  some of  the                                                               
software and  found the  programs to be  accurate. He  noted that                                                               
not everyone has access to a GPS.                                                                                               
                                                                                                                                
CHAIR  COGHILL  asked  Mr.  Steiner  if  the  bill  removes  some                                                               
protections for private land owners.                                                                                            
                                                                                                                                
1:52:36 PM                                                                                                                    
QUINLAN STEINER, Director, Public  Defender Agency, Department of                                                               
Administration, Anchorage,  Alaska, replied  he didn't  think the                                                               
bill  would remove  protections for  private land  owners. People                                                               
who  inadvertently  or  recklessly   enter  land  could  be  held                                                               
criminally liable. The standard would probably be "reckless."                                                                   
                                                                                                                                
CHAIR COGHILL  offered that a  posted sign says what  is expected                                                               
of an  individual. He asked  if the  sign was not  there, whether                                                               
the  person could  reasonably  claim  to not  know  the land  was                                                               
private.                                                                                                                        
                                                                                                                                
MR.  STEINER  replied  they  could argue  they  didn't  know.  An                                                               
alternative would  be to handle  it as  a violation with  a civil                                                               
fine, rather than with a criminal penalty.                                                                                      
                                                                                                                                
SENATOR STEDMAN  said he didn't  believe that a  prosecutor would                                                               
bring charges against  Senator Dyson if he were  found on private                                                               
property.                                                                                                                       
                                                                                                                                
CHAIR COGHILL  commented on his  experience in Nenana  where land                                                               
was  not  posted, but  he  knew  not to  go  on  the land  unless                                                               
invited.                                                                                                                        
                                                                                                                                
SENATOR DYSON  highlighted that Mr.  Steiner made the  point that                                                               
this  doesn't  reduce  rights  and  protections  of  the  private                                                               
property owner. This just removes the  need for a sign. He opined                                                               
the bill is on target and said he agrees with the intent.                                                                       
                                                                                                                                
CHAIR COGHILL commented  that he appreciates the  behavior a sign                                                               
might elicit.                                                                                                                   
                                                                                                                                
SENATOR DYSON commented on a sign in Oregon.                                                                                    
                                                                                                                                
1:57:51 PM                                                                                                                    
CHAIR COGHILL  announced he  would hold SB  201 in  committee for                                                               
further consideration.                                                                                                          
                                                                                                                                
           SB 170-AFFIRMATIVE DEFENSE TO PROSTITUTION                                                                       
                                                                                                                                
1:58:03 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of SB  170, "An  Act                                                               
relating to  a defense to  the crime of prostitution  for victims                                                               
of sex trafficking." This was the first hearing on the bill.                                                                    
                                                                                                                                
1:58:39 PM                                                                                                                    
SENATOR BERTA GARDNER, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor  of SB  170,  directed  attention to  an  article in  the                                                               
packets  from  KTUU. It  talks  about  the case/story  of  Keyana                                                               
Marshall, who  at 15 started  babysitting for a woman  who turned                                                               
out  to  be  a  madam,  and was  sucked  into  prostitution.  Ms.                                                               
Marshall said  when she got out  of the "trade" she  was mistaken                                                               
by  law   enforcement  as  someone   who  willingly   engaged  in                                                               
prostitution and, as  a result, spent time in prison.  She is now                                                               
a  member  of  a  group called  "Sex  Trafficking  Alaska"  whose                                                               
members say,  "The state's prostitution laws  are punishing women                                                               
who are forced into the sex trade."                                                                                             
                                                                                                                                
SENATOR GARDNER  reported that  Alaska Attorney  General Geraghty                                                               
said  a  change  in  prostitution laws  is  not  necessarily  the                                                               
solution. He says, "Victims need  to take a courageous first step                                                               
and help  them untangle  the web  of commercial  sex trafficking.                                                               
They have  to agree to  cooperate - we  have to get  their trust.                                                               
They have to  come forward, testify, cooperate with  us in trying                                                               
to get the traffickers." She advised  that SB 170 gives victims a                                                               
reason to trust law enforcement  and gives law enforcement a tool                                                               
to garner information about traffickers.                                                                                        
                                                                                                                                
2:00:41 PM                                                                                                                    
STEVE HANDY,  Intern, Senator Berta  Gardner, introduced  SB 170,                                                               
on  behalf of  the sponsor.  He  spoke to  the following  sponsor                                                               
statement: [Original punctuation provided.]                                                                                     
     This  bill  directs  the  court  system  to  accept  an                                                                    
     affirmative defense in the crime  of prostitution, if a                                                                    
     person  can   prove  they  were   the  victim   of  sex                                                                    
     trafficking  at the  time of  the prostitution  charge.                                                                    
     Currently,  in  Alaska, anti-sex  trafficking  statutes                                                                    
     may ensnare  those who have been  trafficked, resulting                                                                    
     in  the  arrests and  prosecution  of  those who  were,                                                                    
     themselves, victims of sex  trafficking. This creates a                                                                    
     system  of re-victimization;  a prostitute  forced into                                                                    
     sex work  can be  subjected to arrest,  prosecution and                                                                    
     the hardships and stigmas of conviction.                                                                                   
                                                                                                                                
     SB  170  will  not  only provide  protection  from  the                                                                    
     double victimization  explained above but it  will also                                                                    
     help  to  expose  the  extent  of  sex  trafficking  in                                                                    
     Alaska. According  to the FBI  in Anchorage,  seven sex                                                                    
     trafficking  cases have  resulted in  105 arrests.  But                                                                    
     these  are not  complete  numbers.  Prostitutes do  not                                                                    
     call  law enforcement  or other  emergency services  to                                                                    
     report  victimization   out  of  fear  of   arrest  and                                                                    
     conviction. This  set of circumstances not  only denies                                                                    
     people  access  to  basic and  necessary  services;  it                                                                    
     renders sex  trafficking and prostitution in  the state                                                                    
     extremely difficult to address or measure.                                                                                 
                                                                                                                                
     As  supporting  documentation indicates,  other  states                                                                    
     are  recognizing the  irrationality  and unfairness  of                                                                    
     such  a system.  This bill  will refine  Alaska law  to                                                                    
     differentiate between  a victim of sex  trafficking and                                                                    
     a person  willfully committing a crime,  and thus begin                                                                    
     the  process  of   rehabilitation  of  sex  trafficking                                                                    
     victims  forced into  prostitution.  Federal and  state                                                                    
     law enforcement and public  policy experts contacted in                                                                    
     the research  phase of this bill  summarily welcomed SB
     170 as appropriate and timely.                                                                                             
                                                                                                                                
     The Alaska Department of Law  has reviewed the bill and                                                                    
     supports its intent and language.  I hope you will join                                                                    
     them, the  co-sponsors, and this  office in  support of                                                                    
     this important bill.                                                                                                       
                                                                                                                                
2:05:46 PM                                                                                                                    
CHAIR COGHILL opened public testimony.                                                                                          
                                                                                                                                
2:06:09 PM                                                                                                                    
ROBIN RICHARDSON, Urban Justice Center, New York City, New York,                                                                
summarized her history as an experienced anti-trafficking                                                                       
advocate and  concerned Alaskan.  She pointed out  needed changes                                                               
to the  bill. She suggested expanding  the language of SB  170 to                                                               
create  a  remedy  for  victims  at any  stage  of  the  criminal                                                               
process,   including    post-conviction,   and    repairing   the                                                               
relationship   with  law   enforcement  by   providing  screening                                                               
training  for  law enforcement  that  is  led by  survivors.  She                                                               
thanked the committee for helping  Alaska to potentially become a                                                               
leader in eradicating human trafficking.                                                                                        
                                                                                                                                
2:11:11 PM                                                                                                                    
SENATOR DYSON noted  that the statute says a person  is guilty of                                                               
sex trafficking  if they  induce someone  through the  use force.                                                               
His understanding is that getting  a person addicted to heroin or                                                               
some other drug  has been the means of  forcing the prostitution.                                                               
He asked that should be included as a positive defense.                                                                         
                                                                                                                                
MS. RICHARDSON offered her belief  that trafficking in Alaska has                                                               
removed the elements  of force, fraud, or coercion.  In Alaska, a                                                               
person could  be guilty of  sex trafficking in the  fourth degree                                                               
for facilitating prostitution.                                                                                                  
                                                                                                                                
CHAIR COGHILL  affirmed that the  statute was amended  last year.                                                               
He  suggested  that the  Department  of  Law could  review  those                                                               
changes for the committee.                                                                                                      
                                                                                                                                
2:13:17 PM                                                                                                                    
JESSICA EMERSON,  Staff, Equal Justice Works  Fellow, Women's Law                                                               
Center of Maryland,  Towson, Maryland, stated that  she's been an                                                               
anti-trafficking advocate  for ten years. She  voiced support for                                                               
the intent of SB 170 and  offered recommendations to make it more                                                               
comprehensive and  responsive to  the experiences of  the victims                                                               
of sex trafficking.                                                                                                             
                                                                                                                                
First, the bill should be  expanded to allow previous convictions                                                               
to be  vacated once the victim  is able to come  forward, because                                                               
victims  often are  arrested multiple  times  before they  reveal                                                               
their victimization. This  would serve as an  incentive to report                                                               
to law enforcement.                                                                                                             
                                                                                                                                
Second,  the  affirmative  defense   should  not  be  limited  to                                                               
prostitution offenses  only, as it  does not reflect  the reality                                                               
of  the trafficker's  influence and  control over  their victims.                                                               
Traffickers  routinely force  or  manipulate  their victims  into                                                               
committing a range of crimes.                                                                                                   
                                                                                                                                
Finally,  SB  170 should  expressly  permit  the introduction  of                                                               
exigent evidence  by armed service  providers or  other advocates                                                               
as  evidence  of  a  person's   victimization.  Evidence  from  a                                                               
governmental organization should  create a rebuttable presumption                                                               
that the victim  is eligible for such relief.  Placing the burden                                                               
on  the victim  ignores  the reality  that  most sex  trafficking                                                               
victims are too  scared, ashamed, or traumatized  to report their                                                               
victimization.  Others  are  unaware  that they  are  victims  of                                                               
trafficking  and have  been manipulated  by their  traffickers to                                                               
believe that they are deserving of such criminalization.                                                                        
                                                                                                                                
2:17:10 PM                                                                                                                    
PATRICK  VENTGEN, representing  himself, Anchorage,  Alaska, said                                                               
he's a  mental health  clinician who  commends SB  170 as  a good                                                               
start.  He   agreed  with  the   suggested  changes   that  Robin                                                               
Richardson   offered.  He   offered  his   experience  that   sex                                                               
traffickers  often  are  people  the victim  already  knows.  The                                                               
grooming techniques  can be  very subtle and  stretch out  over a                                                               
number  of years.  By the  time the  sex trafficking  starts, the                                                               
individuals have  been doing prostitution  for a long  time. They                                                               
are victims and  SB 170 is a first step  to not revictimize these                                                               
individuals.                                                                                                                    
                                                                                                                                
2:20:05 PM                                                                                                                    
MAXINE DOOGAN,  Community United  for Safety and  Protection, San                                                               
Francisco,  California, offered  suggestions to  improve SB  170.                                                               
The first  is to remove  the burden  on victims who  must qualify                                                               
their status when they find  themselves a defendant in a criminal                                                               
proceeding.   Another  improvement   is   to   ensure  that   sex                                                               
trafficking  victims' prior  convictions  are  vacated once  they                                                               
decide to come  forward. Finally, a provision should  be added to                                                               
protect the identity of sex  trafficking victims or those alleged                                                               
to  be  in  prostitution  to reduce  the  likelihood  of  further                                                               
harassment or discrimination.                                                                                                   
                                                                                                                                
LAEL MORGAN, representing herself,  Anchorage, Alaska, offered to                                                               
answer  questions related  to SB  170. She  advised that  she had                                                               
authored  books  on  prostitution during  the  Alaska-Yukon  Gold                                                               
Rush.                                                                                                                           
                                                                                                                                
2:23:00 PM                                                                                                                    
TARA RUPANI, Member, Community United  for Safety and Protection,                                                               
Fairbanks, Alaska, said she was  a trafficking victim as a child.                                                               
She advised  that she made a  public records request for  all the                                                               
charges related to sex trafficking  and prostitution in 2012-2013                                                               
and learned that only alleged  prostitutes have been charged with                                                               
sex trafficking  and the alleged  victims have been  arrested and                                                               
charged with  prostitution. The trafficking  law that  was passed                                                               
in 2012  has only been used  against vulnerable women in  the sex                                                               
industry and never to help them.                                                                                                
                                                                                                                                
MS. RUPANI  discussed the marked  differences in the  language in                                                               
SB  170  and  the  sex  trafficking  law,  and  the  difficulties                                                               
associated  with  gaining employment  or  stable  housing with  a                                                               
criminal  record  of  sex trafficking.  She  cited  examples  and                                                               
suggested   that  all   the  convictions   related  to   being  a                                                               
trafficking victim  should be removed  from CourtView.  This will                                                               
help these victims become productive members of society.                                                                        
                                                                                                                                
She said the bill formalizes  what appears to be current practice                                                               
which is that  the police generally choose not  to charge victims                                                               
who cooperate with their demands.  However, the process of making                                                               
access  to  services and  treatment  as  a victim  contingent  on                                                               
cooperating with  law enforcement, which may  include testifying,                                                               
re-traumatizes the  victim and violates  their human  rights. She                                                               
offered  her  belief  that  Alaskans   want  all  victims  to  be                                                               
protected,  not   just  those  who   win  the  approval   of  law                                                               
enforcement. She concluded saying  that Alaskans are dependent on                                                               
legislators to stop the revictimization of victims.                                                                             
                                                                                                                                
2:30:29 PM                                                                                                                    
DIANA BLINE,  Director, Program Services, Covenant  House Alaska,                                                               
Anchorage, Alaska,  reviewed the array of  services that Covenant                                                               
House  offers  homeless  and  at-risk   youths  ages  13-20.  She                                                               
discussed  staff training  and  advised that  over a  three-month                                                               
period  last fall,  27  young people  were  identified as  active                                                               
victims of sex  trafficking. A young victim  is revictimized once                                                               
they  are  arrested;  they  face   legal  sanctions  and  have  a                                                               
permanent  record. This  limits  their  future opportunities  and                                                               
makes it  more difficult  to leave the  life of  prostitution. On                                                               
behalf  of Covenant  House,  she stated  strong  support for  the                                                               
intent of SB 170.                                                                                                               
                                                                                                                                
2:32:40 PM                                                                                                                    
KAYT  SUNWOOD, representing  herself,  Fairbanks, Alaska,  stated                                                               
that while  SB 170 is  an appreciated step toward  addressing sex                                                               
trafficking in Alaska, some aspects  should be expanded to ensure                                                               
the  intent  is  realized.  First,   it  is  essential  that  sex                                                               
trafficking  victims   and  potential  victims'   identities  are                                                               
protected. Law enforcement should  receive proper training, there                                                               
should be  a safety  net for  cooperating survivors,  and limited                                                               
immunity should  be provided  for those  who report  incidents of                                                               
human trafficking.                                                                                                              
                                                                                                                                
2:34:24 PM                                                                                                                    
JEAN RICHEY,  Ph.D., Professor,  University of  Alaska Fairbanks,                                                               
said her  primary concern  is for social  justice for  victims of                                                               
sex  trafficking.  That includes  immunity  for  anyone making  a                                                               
report  of sex  trafficking  and protection  of  the victim.  She                                                               
commended Senator  Gardner for introducing  SB 170  and expressed                                                               
hope that the language would be made stronger.                                                                                  
                                                                                                                                
2:35:35 PM                                                                                                                    
DAVID POPPE,  representing himself, Nenana, Alaska,  advised that                                                               
working as an  emergency medical services (EMS)  provider, he has                                                               
noticed   that   patients   are   reticent   to   discuss   their                                                               
victimization  with  law  enforcement.  He  suggested  additional                                                               
training  so they  don't appear  so forceful  in cases  involving                                                               
prostitution. He also  expressed a desire for  more plain English                                                               
in the law.                                                                                                                     
                                                                                                                                
2:37:39 PM                                                                                                                    
KEYANA MARSHALL, representing  herself, Fairbanks, Alaska, stated                                                               
that  she was  a  sex  trafficking victim  from  age  15 and  was                                                               
charged as a co-conspirator as  a result of being trafficked. She                                                               
described the  difficulties she's  had getting  a job  because of                                                               
her record, none  of which she did of her  own volition. She said                                                               
she  would  like the  bill  to  be  revised and  provide  greater                                                               
protections for victims.                                                                                                        
                                                                                                                                
2:40:42 PM                                                                                                                    
CHAIR COGHILL  commented on the scope  of the bill and  asked the                                                               
sponsor if she had closing comments.                                                                                            
                                                                                                                                
SENATOR  GARDNER said  she recognizes  that there  are many  more                                                               
things  that can  be  done, but  the decision  was  to present  a                                                               
simple bill and perhaps get it passed this year.                                                                                
                                                                                                                                
CHAIR COGHILL  announced he  would hold SB  170 in  committee for                                                               
further consideration.                                                                                                          
                                                                                                                                
2:44:13 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
          SB 176-REG. OF FIREARMS/KNIVES BY UNIVERSITY                                                                      
                                                                                                                                
2:45:21 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of  SB 176."An Act  relating to the  regulation of                                                               
firearms and  knives by the  University of Alaska." This  was the                                                               
fourth hearing.                                                                                                                 
                                                                                                                                
2:46:00 PM                                                                                                                    
ALBERT  JUDSON, representing  himself,  Juneau, Alaska,  informed                                                               
the  committee that  he  is a  chemical  dependency counselor,  a                                                               
former  patrolman,  Village  Public Safety  Officer  (VPSO),  and                                                               
security  officer   testifying  in  opposition  to   SB  176.  He                                                               
discussed a handout  showing gun laws in other  states along with                                                               
the campus shooting in Virginia  and stressed that populations in                                                               
Alaska are  much smaller and  therefore not comparable.  He asked                                                               
the committee to consider that  crime statistics this year at UAS                                                               
are  zero,  that  geographic interconnectedness  has  a  negative                                                               
impact on gun laws, and that  Alaska has high alcoholism and drug                                                               
abuse  rates. He  opined that  students and  faculty couldn't  be                                                               
blamed for  walking off the UAS  campus if this bill  passes, and                                                               
then  offered  suggestions  for  redesigning  buildings  to  make                                                               
allowance for  violence of  any kind. He  concluded that  a safe,                                                               
secure  learning  environment  is  the best  environment  in  the                                                               
world.                                                                                                                          
                                                                                                                                
2:52:51 PM                                                                                                                    
SHAUNA  THORNTON, Speaker,  Coalition of  Student Leaders,  Kenai                                                               
Peninsula College, Soldotna, Alaska,  reported that the Coalition                                                               
met  on  March 7  and  passed  a  resolution  in support  of  the                                                               
University of  Alaska System  position on  SB 176.  Speaking from                                                               
the student perspective,  she said she believes  that if firearms                                                               
are allowed  on campus it  puts anybody who  is trying to  calm a                                                               
disgruntled  student at  a serious  disadvantage  because of  the                                                               
fear  of  the unknown.  Right  now,  people  on campus  help  one                                                               
another  but the  feeling of  interconnectedness could  change if                                                               
this bill were to pass.                                                                                                         
                                                                                                                                
2:54:50 PM                                                                                                                    
MICHAEL  MANCILL, representing  himself, Fairbanks,  Alaska, said                                                               
he  is the  vice-president  of student  government  and a  mining                                                               
engineering  student.  He voiced  support  for  SB 176  with  one                                                               
reservation  that  it   would  allow  guns  in   dorms.  In  that                                                               
environment firearms  could possibly create danger,  but he would                                                               
feel  comfortable  and safer  having  firearms  in the  hands  of                                                               
responsible citizens on campus,  in classrooms, and at university                                                               
functions.                                                                                                                      
                                                                                                                                
CHAIR COGHILL informed the audience  and other interested parties                                                               
that the forthcoming committee substitute  is designed to respond                                                               
to some  of the university concerns  and the question of  guns in                                                               
student housing.                                                                                                                
                                                                                                                                
MR. MANCILL responded that he saw the proposed committee                                                                        
substitute and supports the compromises.                                                                                        
                                                                                                                                
SENATOR DYSON suggested the committee seriously consider the                                                                    
idea of having an approved lockbox that isn't stored in a                                                                       
community area to accommodate students living in a dorm setting.                                                                
                                                                                                                                
CHAIR COGHILL announced he would hold SB 176 in committee for                                                                   
further consideration.                                                                                                          
                                                                                                                                
2:59:06 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Coghill adjourned the Senate Judiciary Standing Committee                                                                 
meeting at 2:59 p.m.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 187 Amendment.pdf SJUD 3/17/2014 1:30:00 PM
SB 187
CSSB 176.pdf SJUD 3/17/2014 1:30:00 PM
SB 176
Explanation of Changes - Version Y.pdf SJUD 3/17/2014 1:30:00 PM
SB 176
Bar - Granger.pdf SJUD 3/17/2014 1:30:00 PM
Confirmation Hearing
Judicial Conduct - June.pdf SJUD 3/17/2014 1:30:00 PM
Confirmation Hearing
SB 201 - AS 11.46.350.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB 201 - ADN article.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB 201 - Sponsor Statement.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB201- Fiscal Note LAW-CRIM.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB201- Fiscal Note DOA-OPA.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB201- Fiscal Note DOA-PDA.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB201- Fiscal Note DOC.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB201- Fiscal Note DPS.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB201- Fiscal Note DPS-DET.pdf SJUD 3/17/2014 1:30:00 PM
SB 201
SB 176 - KUAC Article.pdf SJUD 3/17/2014 1:30:00 PM
SB 176
Written Testimony #3.zip SJUD 3/17/2014 1:30:00 PM
SB 176