02/25/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing | |
| SB43 | |
| SB22 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 43 | TELECONFERENCED | |
| += | SB 22 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 25, 2013
1:34 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Donald Olson
MEMBERS ABSENT
Senator Bill Wielechowski
COMMITTEE CALENDAR
CONFIRMATION HEARING
Select Committee on Legislative Ethics
Antoinette "Toni" Mallott, Juneau
- CONFIRMATION ADVANCED
SENATE BILL NO. 43
"An Act relating to theft offenses; and providing for an
effective date."
- HEARD AND HELD
SENATE BILL NO. 22
"An Act relating to the commencement of actions for felony sex
trafficking and felony human trafficking; relating to the crime
of sexual assault; relating to the crime of unlawful contact;
relating to forfeiture for certain crimes involving
prostitution; relating to the time in which to commence certain
prosecutions; relating to release for violation of a condition
of release in connection with a crime involving domestic
violence; relating to interception of private communications for
certain sex trafficking or human trafficking offenses; relating
to use of evidence of sexual conduct concerning victims of
certain crimes; relating to procedures for granting immunity to
a witness in a criminal proceeding; relating to consideration at
sentencing of the effect of a crime on the victim; relating to
the time to make an application for credit for time served in
detention in a treatment program or while in other custody;
relating to suspending imposition of sentence for sex
trafficking; relating to consecutive sentences for convictions
of certain crimes involving child pornography or indecent
materials to minors; relating to the referral of sexual felonies
to a three-judge panel; relating to the definition of 'sexual
felony' for sentencing and probation for conviction of certain
crimes; relating to the definition of "sex offense" regarding
sex offender registration; relating to protective orders for
stalking and sexual assault and for a crime involving domestic
violence; relating to the definition of 'victim counseling
centers' for disclosure of certain communications concerning
sexual assault or domestic violence; relating to violent crimes
compensation; relating to certain information in retention
election of judges concerning sentencing of persons convicted of
felonies; relating to remission of sentences for certain sexual
felony offenders; relating to the subpoena power of the attorney
general in cases involving the use of an Internet service
account; relating to reasonable efforts in child-in-need-of-aid
cases involving sexual abuse or sex offender registration;
relating to mandatory reporting by athletic coaches of child
abuse or neglect; making conforming amendments; amending Rules
16, 32.1(b)(1), and 32.2(a), Alaska Rules of Criminal Procedure,
Rule 404(b), Alaska Rules of Evidence, and Rule 216, Alaska
Rules of Appellate Procedure; and providing for an effective
date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 43
SHORT TITLE: PROPERTY CRIMES
SPONSOR(s): SENATOR(s) COGHILL
02/04/13 (S) READ THE FIRST TIME - REFERRALS
02/04/13 (S) JUD
02/22/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/22/13 (S) Heard & Held
02/22/13 (S) MINUTE(JUD)
02/25/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 22
SHORT TITLE: CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/16/13 (S) READ THE FIRST TIME - REFERRALS
01/16/13 (S) JUD, FIN
01/30/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
01/30/13 (S) Heard & Held
01/30/13 (S) MINUTE(JUD)
02/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/04/13 (S) Heard & Held
02/04/13 (S) MINUTE(JUD)
02/11/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/11/13 (S) Heard & Held
02/11/13 (S) MINUTE(JUD)
02/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/15/13 (S) Heard & Held
02/15/13 (S) MINUTE(JUD)
02/18/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/18/13 (S) Heard & Held
02/18/13 (S) MINUTE(JUD)
02/22/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/22/13 (S) Heard & Held
02/22/13 (S) MINUTE(JUD)
02/25/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ANTOINETTE "TONI" MALLOTT, Appointee
Select Committee on Legislative Ethics
Juneau, AK
POSITION STATEMENT: Testified as appointee to the Select
Committee on Legislative Ethics
NEISJE STEINKRUGER, representing herself
POSITION STATEMENT: Provided information on SB 43 based on her
experience as a former superior court judge.
CHRIS NETTELS, President
GeoTek Alaska, Inc. and
National Federation of Independent Businesses
Anchorage, AK
POSITION STATEMENT: Testified in opposition to SB 43.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System (ACS)
Anchorage, AK
POSITION STATEMENT: Testified on SB 43 to report the misdemeanor
and felony theft charges and dispositions for 2012.
JEFF JESSE, Chief Executive Officer
Alaska Mental Health Trust Authority (AMHTA)
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 43.
JANET MCCABE
Partners For Progress
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 43.
SEAN CROUSORE, Loss Prevention Coordinator
Fred Meyer
Alaska district
Portland, OR
POSITION STATEMENT: Testified in opposition to SB 43.
TOM STENSON, Legal Director
ACLU of Alaska
Anchorage, AK
POSITION STATEMENT: Testified on SB 43 and refuted testimony
from retailers.
ANNE CARPENETI, Assistant Attorney General
Criminal Division
Legal Services Section
Department of Law (DOL)
POSITION STATEMENT: Commented on proposed amendments to SB 22,
version U.
CHUCK KOPP, Staff
Senator Fred Dyson
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Described proposed amendments to SB 22.
ANNE CARPENETI, Assistant Attorney General
Criminal Division
Legal Services Section
Department of Law (DOL)
POSITION STATEMENT: Commented on proposed amendments to SB 22.
ACTION NARRATIVE
1:34:38 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Dyson, McGuire, and Chair Coghill.
^CONFIRMATION HEARING
Confirmation Hearing
Select Committee on Legislative Ethics
1:35:56 PM
CHAIR COGHILL announced the first order of business would be a
confirmation hearing to reappoint Toni Mallott to the Select
Committee on Legislative Ethics.
1:36:10 PM
ANTOINETTE "TONI" MALLOTT, appointee, Select Committee on
Legislative Ethics, said she has served on the ethics committee
for three years and believes in what the committee does. She
informed the committee that she is a retired teacher who grew up
in Rampart.
CHAIR COGHILL observed that the public members are particularly
important to the workings of the committee. He thanked Ms.
Mallott for her service and being willing to continue.
1:38:20 PM
SENATOR MCGUIRE moved to forward the name Antoinette Mallott to
the full body for consideration. There being no objection, it
was so ordered.
1:38:46 PM
SENATOR OLSON joined the committee.
SB 43-PROPERTY CRIMES
1:39:18 PM
CHAIR COGHILL announced the consideration of SB 43. [CSSB 43,
labeled 28-LS0401\U was before the committee.] He opened public
testimony.
1:39:58 PM
NEISJE STEINKRUGER, retired superior court judge, clarified that
she was speaking for herself to provide information about the
resources used in the criminal justice system. She explained
that over the past two decades, a number of crimes have moved
from a misdemeanor to a felony, which has shifted work from the
district court to the superior court. She noted that district
courts handle misdemeanor cases and impose sentences of up to
one year and superior courts handle felony cases and impose
sentences of more than one year. She pointed out that penalties
for theft crimes have not shifted to the "bigger hammer" but the
sheer numbers of theft cases can have an impact on the system.
JUDGE STEINKRUGER said "the felony machine" uses the biggest
hammer everywhere along the way, the first of which is the grand
jury. Whenever someone is charged with a felony, the case first
goes before a grand jury. Depending on the location, between 30
and 60 private citizens are called every month for grand jury
selection. At least 18 citizens are selected along with 6-10
alternates. Again depending on location, those jurors go in
every week for one to three months to do one to three days of
work. People often are unaware of the impact this has on private
citizens, but it's a big part of the felony machine, she said.
The second part of the machine is the witnesses' time. Quite
often law enforcement officers are called to testify in grand
jury but private citizens must testify as well. There is also
significant Department of Law time. Once a case is charged as a
felony, the court appoints counsel and that involves the Public
Defender Agency and/or the Office of Public Advocacy. Because of
the way these crimes are set out, it takes the experienced
people in these offices to handle felonies.
The case is then handled in superior court and because it's a
felony, it is seldom resolved quickly. Often there are felony-
level bail hearings, which mean time for the court and
continuances. Once there is a plea agreement or the trial is
over, the Department of Corrections (DOC) potentially has to
prepare a presentence report, assign a probation officer, and
the person is on felony probation.
JUDGE STEINKRUGER said the criminal justice system has limited
resources so it's important to look at the whole package and
decide how to spend those limited resources. She asked the
committee to consider whether it wanted to spend it on domestic
violence, sexual assault, child abuse, and violence in general
or on things that aren't at the highest end of public safety.
She highlighted that in misdemeanor cases the judge has the
discretion to sentence up to one year, and that sentences for
felony theft are almost uniformly under one year.
1:50:14 PM
SENATOR DYSON asked what percentage of felony theft cases plead
out before they go to trial.
JUDGE STEINKRUGER estimated that now it would be about 95
percent.
CHAIR COGHILL said he appreciates the context of her testimony.
1:51:41 PM
CHRIS NETTELS, President, GeoTek Alaska, Inc., Anchorage, AK,
said he was also testifying on behalf of the National Federation
of Independent Businesses to ask the committee not to pass SB
43, which would increase the $500 felony threshold for theft and
property offenses. He reported numerous incidents of stealing at
his business property, four of which were thefts valued at $500
or more. In the past two or three years he has seen a
significant increase in the numbers of petty thefts valued at
$200 to $300, but in the last year there have been several
thefts valued between $1,000 and $3,500.
MR. NETTELS expressed concern that increasing the felony
threshold will have the unintended consequence of increasing the
numbers of some crimes. He said he understands the argument for
increasing the felony threshold because of inflation, but
wonders if all laws will be similarly inflation proofed. He also
asked if the penalties would drop if deflation occurs.
He concluded that the $500 felony threshold has served well and
he did not support passage of SB 43.
1:54:48 PM
CHAIR COGHILL, speaking as the sponsor, said he certainly had no
argument about how violated somebody feels when thievery occurs
in their business.
SENATOR DYSON commented that inherent in the foregoing testimony
is the notion that thieves know when the value of a theft passes
from a misdemeanor to a felony, and make decisions based on that
knowledge. He asked if that's a logical deduction.
MR. NETTELS said yes; he opined that if the bill passes, the
word will get out and it will encourage people to take on more
risk in stealing things.
1:56:49 PM
CHAIR COGHILL asked if he'd had trouble making a case to the
police or courts in felony theft cases.
MR. NETTELS said no, although he had never received a follow up
call or had any property returned in any of the five reports he
filed with the police.
CHAIR COGHILL asked Detective Plummer if the police were more
likely to respond to a felony theft report as opposed to a
misdemeanor theft report.
1:58:34 PM
}DETECTIVE ROSS PLUMMER, Anchorage Police Department (APD)*
Municipality of Anchorage* Anchorage, AK, said yes.{ He
explained that APD detectives work felony cases and patrol
officers are responsible for follow up on misdemeanor cases, but
call volumes leave little time for follow up. If a misdemeanant
suspect isn't caught right away or if there isn't a tip that
locates the suspect, the chance of closing the case is very
small.
CHAIR COGHILL asked if a felony theft would receive more
detective-level involvement.
DETECTIVE PLUMMER said yes; felony thefts receive two
screenings, one by patrol and the second by detectives, whereas
misdemeanor thefts receive just one screening by patrol.
CHAIR COGHILL asked if businesses had a valid fear that raising
the felony threshold would cause misdemeanor thefts to receive
less police attention.
DETECTIVE PLUMMER acknowledged that there was that chance.
2:01:18 PM
NANCY MEADE, General Counsel, Alaska Court System (ACS),
Anchorage, AK, directed attention to the charts in the packets
of criminal theft charges and disposition for 2012.
MS. MEADE reviewed the class C felony and class A misdemeanor
criminal theft charges filed in 2012 and noted that the 3,611
total charges were split evenly between felonies and
misdemeanors. The conclusion, she said, is that misdemeanor
thefts come into the courthouse at about the same rate as felony
thefts.
2:05:12 PM
MS. MEADE reviewed the 2012 criminal theft charge dispositions
affected by SB 43, which show that there were more than twice as
many misdemeanor theft convictions as felony theft convictions.
In 2012, there were 1,208 misdemeanor convictions for theft and
512 felony convictions for theft.
MS. MEADE referenced an earlier question and pointed out the low
trial rate. Of the 493 theft 2 felony convictions: 13 were
guilty after trial, 443 were guilty after a guilty plea, and 31
were guilty after a no contest plea.
The statistics show that less than one-third of the theft 2
class C felony charges ended in convictions. Of 1,738 charges
filed, 493 resulted in convictions and 995 resulted in no
convictions. By comparison, there were 869 convictions and 578
no convictions for theft 3 class A misdemeanors.
MS. MEADE noted another factor with theft 2 is that there are
more dispositions than charges, which means that some
convictions are coming from somewhere else. She said a likely
conclusion is that some cases were dismissed when the defendant
accepted a guilty plea to a lesser charge. Although there may be
other explanations, it's clear that at least some of the 952
dismissals were charged in the theft 2 category but disposed in
the theft 3 category. She said she didn't have exact numbers but
several hundred wouldn't be an unreasonable estimate based on
these statistics.
2:09:31 PM
SENATOR DYSON surmised that a $600 theft often is disposed as a
misdemeanor.
MS. MEADE said the statistics don't provide that information,
but it's not illogical.
SENATOR DYSON asked about the process for getting citizen rights
returned after serving time for a felony conviction.
MS. MEADE deferred the question.
2:11:06 PM
JEFF JESSE, Chief Executive Officer, Alaska Mental Health Trust
Authority (AMHTA), Anchorage, AK, testified in support of SB 43.
He said he looks at the bill from several perspectives based on
his work experience and he appreciates the concerns of business
regarding professional thieves. However, they take a much more
sophisticated approach to crime than his clients. He related
that when he was a juvenile public defender he was struck by his
clients' lack of sophistication in either anticipating
consequences or taking basic steps to avoid detection.
MR. JESSE stated that the unintended consequence of not
increasing the felony theft threshold to keep up with inflation
is that more mental health beneficiaries receive felony charges
and that precludes them from therapeutic courts. He acknowledged
that the system self-corrects somewhat with more plea agreements
to lesser charges, but expressed continuing concern about
limiting access to therapeutic courts. He highlighted that the
idea of therapeutic court is to keep people from cycling through
the system.
MR JESSE said his other concern relates to the barrier crime
issue. Among other obstacles, a convicted felon faces numerous
barriers to employment despite the knowledge that the best way
to reduce recidivism is to ensure that a person has a job that
provides a legitimate means of support.
MR. JESSE reiterated both his sympathy for businesses that
suffer theft crimes and his belief that people who aren't
necessarily professional criminals need to be treated in a way
that gets them out of the cycle of criminal behavior. Increasing
the penalty, stigmatizing them, and reducing their opportunities
to avoid recidivism is not the answer.
2:15:52 PM
JANET MCCABE, Partners For Progress, testified in support of SB
43. She said that PFP has long been concerned that too many
nonviolent Alaskans are in prison. Ten years ago, the majority
of prisoners were violent offenders, whereas today over 60
percent of prisoners are serving time for a nonviolent offense.
The consequence is that the state is spending a lot of money on
incarceration that otherwise could be spent for education and
infrastructure.
She highlighted that because of outdated felony thresholds, many
nonviolent offenders receive felony sentences for stealing what
would have been valued at $200 in 1978. She suggested that
Alaska should follow what all other western states have done and
raise the felony threshold.
MS. MCCABE cited statistics that show that 95 percent of all
prisoners return to the community, but that felons face over 400
legal barriers to life in the community. Most felons find it
difficult to rent an apartment or find employment and often
can't even qualify for food stamps. She related that even
conservative Texas Representative Jerry Madden has advised
legislators to lock up true felons and help the others join the
lawful community. She urged the committee to follow that wise
advice and pass SB 43.
2:18:57 PM
SEAN CROUSORE, District Loss Prevention Coordinator, Fred Meyer
stores of Alaska, testified in opposition to SB 43. He said that
Fred Meyer is a full-line grocery and general merchandise
retailer that would suffer if SB 43 were to pass.
He explained that thievery has changed over the years and today
Fred Meyer faces professionals who steal merchandise like Dyson
vacuum cleaners, KitchenAid mixers, iPods, and flat screen TVs.
He said the prices of these products have deflated over time,
which means that the theft of three or four flat screen TVs
doesn't reach the $1,500 threshold that the bill proposes.
Furthermore, the items that professional thieves steal are very
low margin and the cost comes out of the stores' profits from
which wages and benefits for nearly 3,000 associates are paid.
He asked the committee to reconsider the legislation. It will
lead to more theft and a bigger hit to retailers' profits.
2:25:27 PM
CHAIR COGHILL asked if Fred Meyer had any trouble getting the
police to respond to misdemeanor thievery.
MR. CROUSORE said no; Fred Meyer tries to bring only those cases
to the police that it can prove intent.
CHAIR COGHILL said his written testimony would be welcome.
2:26:32 PM
TOM STENSON, Legal Director, ACLU of Alaska, said he expected to
hear testimony from retailers that thieves are currently
stealing just under $500 because they know the boundary for a
felony. That wasn't the case. The committee heard that people on
the street will know that the felony standard has changed, but
not that people's behavior is affected by the current low felony
standard.
He said the written testimony from Fred Meyer was that
professional thieves are stealing two Dyson vacuum cleaners or
four flat screen TVs, but Dyson vacuum cleaners cost between
$300 and $500 so a theft of two vacuums is already a felony
offense. Based on that testimony, the current $500 statutory
limit doesn't appear to make any difference to people.
MR. STINSON pointed out that unlike robbery, homicide, rape, or
assault, theft offenses are ones where commercial operators like
Fred Meyer can manage security to discourage theft. He opined
that some commercial stores want to pass the costs associated
with their business on to the state. That doesn't seem like an
appropriate use of state resources and it's not clear that it
would deter anybody, he stated.
2:31:50 PM
CHAIR COGHILL stated that he would not close public testimony.
SENATOR MCGUIRE asked the sponsor to consider both a $1,000
threshold and using the criminal conspiracy statues to make the
crimes stackable. She said she didn't see any reason for
retailers to change their advertising, because stealing is a
crime in the state of Alaska.
CHAIR COGHILL held SB 43 for further consideration.
SB 22-CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
2:35:20 PM
CHAIR COGHILL announced the consideration of SB 22 and noted
there were several amendments for the committee to consider.
[Version U was before the committee.]
CHAIR COGHILL asked Senator Dyson to move Amendment 1, labeled
28-GS1587\U.1.
SENATOR DYSON moved Amendment 1.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR DYSON
TO: CSSB 22(JUD), Draft Version "U"
Page 1, lines 1 - 2:
Delete "and felony human trafficking"
Page 1, line 7:
Delete "or human trafficking"
Page 3, line 15, following "minor;":
Insert "or"
Page 3, lines 16 - 17:
Delete "; or
(5) felony human trafficking"
Page 7, lines 12 - 13:
Delete ";
(9) human trafficking in violation of
AS 11.41.360 or 11.41.365"
Page 7, line 18:
Delete "AS 11.41.120 - 11.41.330 [AS 11.41.120 -
11.41.370]"
Insert "AS 11.41.120 - 11.41.370"
Page 9, line 7, following "AS 11.71;":
Insert "or"
Page 9, lines 9 - 10:
Delete "; or
(5) human trafficking in the first degree
under AS 11.41.360"
CHAIR COGHILL objected for discussion purposes.
CHUCK KOPP, staff to Senator Fred Dyson, explained that
Amendment 1 deletes the references to human trafficking because
the term "human trafficking" is so broad that it could apply to
anyone who is compelled, duressed, or deceived to use their
labor skills. He cited examples of people brought to work at a
remote mining site or on a commercial fishing boat to illustrate
that the term encompasses more than sex crimes and sex
trafficking. He opined that the nature of human trafficking
would open the possibility of future legal action, both civil
and criminal.
He reviewed the amendment and noted that two references to
"human trafficking" are in the title. He explained that the
deletions on page 3 relate to Section 2, bringing a civil action
at any time. The deletions on page 7 relate to Section 10,
general time limitations for prosecution of offenses. The
deletions on page 9 relate to Section 14, authorizations by the
court for the attorney general to intercept communications.
2:40:15 PM
SENATOR DYSON stated that Amendment 1 encompasses a simple
concept, which is that most people mistake the term human
trafficking to be human sex trafficking, not labor violations.
He said the committee saw that confusion in a previous hearing
and they heard that public safety hasn't had any of those
trafficking cases to prosecute. The amendment simply removes the
term "human trafficking" and keeps the bill centered on human
sex trafficking. He offered his perspective that the amendment
offers clarification.
MR. KOPP said the last change in Amendment 1 is in Section 28 on
page 15, line 20, paragraph (M). That section relates to
incidents and offenses to which the chapter applies.
2:41:31 PM
CHAIR COGHILL noted that change did not appear in Amendment 1.
MR. KOPP responded that a member of Senator Coghill's staff
caught the omission. Both legislative legal and the sponsor's
office missed it.
CHAIR COGHILL asked if the Department of Law (DOL) had any
comment.
2:42:06 PM
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Legal Services Section, Department of Law (DOL), explained that
human trafficking covers a broad range of behavior as the result
of an amendment last year that removed the requirement that one
of the elements of the offense is bringing people to the state
and then subjecting them to labor violations or adult
entertainment. She agreed that removing that element was
problematic, but the director of the criminal division has said
that there have been serious cases involving human trafficking
in this state that DOL wouldn't be able to prosecute because of
the [statute of limitations].
She said she understands the argument as a result of the change
last year, but human trafficking does cover serious felony
conduct that sex trafficking does not. For example, when some
women were brought to this state from Russia under false pretext
they were not forced to engage in prostitution; they were forced
to engage in adult entertainment and work for very little money.
2:43:55 PM
SENATOR MCGUIRE stated unequivocal opposition to Amendment 1 and
reminded the committee that she was part of those discussions
last year. She said slavery is slavery and Alaska does not
tolerate bringing people to the state under the pretense that
they will have the opportunity to be paid a wage for their
services when the real intent is to keep the people in
confinement. She recognized that Alaska has a number of
industries that make it ripe for that kind of activity and
opined that the statute should be very clear that Alaska does
not tolerate slavery, human trafficking, or sex trafficking. She
agreed with Ms. Carpeneti that these sophisticated networks
won't entice under sex trafficking; they'll invite people to the
state to be a part of a cultural dance troupe, for example. She
reiterated support for maintaining status quo with regard to
human trafficking.
2:46:05 PM
SENATOR DYSON asked if she was saying that there is no law
against deceiving somebody, bringing them to the state, not
paying them, and keeping them confined against their will.
MS. CARPENETI said there are other possibilities but they would
be very fact dependent. Depending on the circumstance,
kidnapping or theft by deception or various other charges might
apply. Although the human trafficking statute is broad, serious
crimes are committed that would not fall under felony sex
trafficking. She suggested the committee consider having only
first degree felony sex trafficking in these various provisions.
SENATOR DYSON said he was astonished that somebody who brings
people to the state and holds them against their will can't be
prosecuted without that term being on the books.
2:47:44 PM
MR. KOPP clarified that human trafficking would still be a
crime; the amendment simply applies the normal statute of
limitations to mount a civil action after a prosecution for
human trafficking.
MS. CARPENETI confirmed that human trafficking would still be in
the law, and clarified that she was talking about the civil and
criminal statutes of limitations. Right now, if human
trafficking is removed from the civil statute of limitations
provision and added to the criminal statute of limitations
provision, someone could bring a cause of action for 10 years.
2:49:22 PM
SENATOR MCGUIRE said her point is that there should be parity
between the crimes of sex trafficking and human trafficking
because they mingle and the lines are sometimes difficult to
differentiate. She disagreed with arbitrarily limiting a right
of action on human trafficking because there was no good policy
reason to treat it differently. The bill brings it all together
and says this is the kind of behavior that won't be tolerated.
She noted that at one time there was a statute of limitations on
rape and child molestation. That was changed and this should be
as well.
CHAIR COGHILL asked if both a conviction and sentence were
required.
2:51:08 PM
MS. CARPENETI said she thought a conviction was required for a
civil action.
CHAIR COGHILL said if the criminal action was already satisfied
under this conviction, the next question is whether the
potential for a civil action should forever be held open.
MS. CARPENETI said she would follow up because the statute
doesn't say it, but her understanding is that the practical
effect of bringing a civil action based on a criminal act is
that it would be easier if the person has been convicted.
2:52:26 PM
SENATOR DYSON withdrew Amendment 1 without prejudice.
2:52:49 PM
SENATOR DYSON moved Amendment 2, labeled 28-GS1587\U.2
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR DYSON
TO: CSSB 22(JUD), Draft Version "U"
Page 6, line 25:
Delete "AS 11.66.100(a)(2), 11.66.100(c),
[AS 11.66.100(c)] or 11.66.110 - 11.66.135"
Insert "AS 11.66.100 - 11.66.135 [AS 11.66.100(c)
OR 11.66.110 - 11.66.135]"
CHAIR COGHILL objected for discussion purposes.
2:53:11 PM
MR. KOPP explained that Amendment 2 expands the possibility of
criminal forfeiture to everyone who participates in the crimes
of sex trafficking and prostitution. The provision is
discretionary with the court. The statute also covers those who
manage, own, or supervise prostitutes.
CHAIR COGHILL asked if the Department of Law (DOL) had any
comment on Amendment 2.
2:55:26 PM
MS. CARPENETI said DOL has no object to the amendment since the
committee has already made it discretionary at sentencing. She
added DOL did some research on the equal protection question
raised in an earlier hearing and found cases that upheld
disparate penalties for the two parties involved in
prostitution.
2:56:08 PM
CHAIR COGHILL removed his objection and finding no other
objection, announced that Amendment 2 passed.
2:56:23 PM
SENATOR DYSON moved Amendment 3, labeled 28-GS1587\U.3.
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR DYSON
TO: CSSB 22(JUD), Draft Version "U"
Page 10, line 6, following "privileged":
Delete "and inadmissible"
Insert "; [AND] inadmissible, and may not be
used"
CHAIR COGHILL objected for an explanation.
MR. KOPP explained that Amendment 3 refers to the proffer under
AS 12.50.101. It clarifies that the testimony of the witness and
the proffer of the attorney is privileged, inadmissible, and may
not be used for any other purpose. He opined that this was fair
balance because the person is waiving their Fifth Amendment
right.
CHAIR COGHILL asked if the Department of Law (DOL) had any
comment on Amendment 3.
2:59:21 PM
MS. CARPENETI said Department of Law has no objection to the
amendment, but she wanted to clarify the mistaken testimony the
committee heard on Friday regarding who has access to the
information the witness has provided the judge in the written
proffer and testimony. Mr. Stenson assumed that both the
prosecution and the defense get to know that information, but
that is not correct. The state doesn't know what's in the
proffer, which makes it difficult to appeal the court's finding
that the witness has a valid claim of privilege. This is only a
problem in those cases that the judge decides the witness has a
Fifth Amendment privilege and says that if the state doesn't
grant immunity and get that witness to testify he will dismiss
the underlying charge against the defendant.
CHAIR COGHILL asked about potential witness intimidation and, in
Section 17, how the state could appeal something it didn't know
about.
MS. CARPENETI said the state moves cautiously when it doesn't
know. She added that after Mr. Stenson testified she thought
about adding clarification in Section 17 that the parties don't
get to see what's in that written findings. If the state appeals
the decision, that sealed document goes to the court of appeals.
3:02:40 PM
CHAIR COGHILL removed his objection and finding no other
objection, announced that Amendment 3 passed.
3:03:14 PM
SENATOR DYSON moved Amendment 4, labeled 28-GS1587\U.4
AMENDMENT 4
OFFERED IN THE SENATE BY SENATOR DYSON
TO: CSSB 22(JUD), Draft Version "U"
Page 19, line 14:
Delete "or volunteer"
Page 20, line 1:
Delete "or volunteer"
CHAIR COGHILL objected for discussion purposes.
MR. KOPP explained that the amendment makes it clear that
athletic coaches should be mandatory reporters, but that the
same criminal liability is not applied to volunteers.
3:03:52 PM
SENATOR MCGUIRE stated opposition to Amendment 4. To set the
stage for her objection, she read the purpose of the child
protection statute, Chapter 47.17 as follows:
In order to protect children whose health and well-
being may be adversely affected through the
infliction, by other than accidental means, of harm
through physical injury or neglect, mental injury,
sexual abuse, sexual exploitation, or maltreatment,
the legislature requires the reporting of these cases
by practitioners of the healing arts and others to the
department. It is not the intent of the legislature
that that persons required to report suspected child
abuse or neglect under this chapter investigate the
suspected child abuse or neglect before they make the
required report to the department. Reports must be
made when there is a reasonable cause to suspect child
abuse or neglect in order to make state investigative
and social services available in a wider range of
cases at an earlier point in time, to make sure that
investigations regarding child abuse and neglect are
conducted by trained investigators, and to avoid
subjecting a child to multiple interviews about the
abuse or neglect. It is the intent of the legislature
that, as a result of these reports, protective
services will be made available in an effort to
prevent further harm to the child; safeguard and
enhance the general well-being of children in this
state; and preserve family life unless that effort is
likely to result in physical or emotional damage to
the child.
SENATOR MCGUIRE applauded the governor for adding athletic
coaches and volunteers to the list of persons required to
report, because it will enhance the safety and well-being of
children in Alaska. Coaches and volunteers are on the front
lines and see kids with great frequency, sometimes more often
than their busy parents, she said.
She pointed out that the standard is a reasonable suspicion and
that there is no requirement that the volunteer investigate.
They are only required to pass their suspicion along to the
professionals. She said she cannot imagine that a volunteer who
truly cares about kids and is volunteering for the right reasons
would suddenly stop volunteering because this bill passed.
SENATOR MCGUIRE reiterated her vehement opposition to Amendment
4. It may be a volunteer that suspects a coach of child abuse,
she concluded.
3:08:07 PM
CHAIR COGHILL held SB 22 in committee with Amendment 4 pending.
3:08:26 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:08 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Felony Theft bill.pdf |
SJUD 2/25/2013 1:30:00 PM SJUD 3/1/2013 1:30:00 PM |
SB 43 |
| Final Sectional for SB 43.docx |
SJUD 2/25/2013 1:30:00 PM |
SB 43 |
| Letter from NFIB.pdf |
SJUD 2/25/2013 1:30:00 PM |
SB 43 Letter from NFIB |
| ACLU Letter ofSupport 2013.pdf |
SJUD 2/25/2013 1:30:00 PM |
Ltter from ACLU |
| FredMeyerTestimonySB43.doc |
SJUD 2/25/2013 1:30:00 PM SJUD 3/1/2013 1:30:00 PM |
SB 43 |
| Graph of felony thefts in US.pdf |
SJUD 2/25/2013 1:30:00 PM |
Graph for SB 43 |
| NCSL Felony thresholds.pdf |
SJUD 2/25/2013 1:30:00 PM |
NCSL Felony Thresholds |