Legislature(2021 - 2022)BUTROVICH 205
02/25/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB187 | |
| SB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 187 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 182 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 25, 2022
1:33 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
Senator Mike Shower, Vice Chair
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
State Commission for Human Rights
Jessie Ruffridge - Soldotna
Zackary Gottshall - Anchorage
- CONFIRMATIONS ADVANCED
Alaska Police Standards Council
David Knapp - Palmer
- CONFIRMATION ADVANCED
Violent Crimes Compensation Board
Gregory Bringhurst - Fairbanks
- CONFIRMATION ADVANCED
SENATE BILL NO. 187
"An Act relating to criminal law and procedure; relating to the
crime of harassment; relating to the duty to register as a sex
offender; amending the definition of 'sex offense'; relating to
lifetime revocation of a teaching certificate for certain
offenses; relating to the definition of 'domestic violence';
relating to multidisciplinary child protection teams; relating
to arrest authority for pretrial services officers and probation
officers; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 182
"An Act establishing the crime of interference with emergency
communications."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 187
SHORT TITLE: HARASSMENT; SEX OFFENDERS & OFFENSES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) JUD, FIN
02/23/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/23/22 (S) Heard & Held
02/23/22 (S) MINUTE(JUD)
02/25/22 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 182
SHORT TITLE: INTERFERENCE WITH EMERGENCY SERVICES
SPONSOR(s): WILSON
02/08/22 (S) READ THE FIRST TIME - REFERRALS
02/08/22 (S) JUD
02/16/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/16/22 (S) Heard & Held
02/16/22 (S) MINUTE(JUD)
02/25/22 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
JESSIE RUFFRIDGE, Appointee
State Commission for Human Rights
Office of the Governor
Soldotna, Alaska
POSITION STATEMENT: Testified as an appointee to the State
Commission for Human Rights.
ZACKARY GOTTSHALL, Appointee
State Commission for Human Rights
Office of the Governor
Anchorage, Alaska
POSITION STATEMENT: Testified as an appointee to the State
Commission for Human Rights.
DAVID KNAPP, Appointee
Alaska Police Standards Council
Department of Public Safety
Palmer, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
GREGORY BRINGHURST, Appointee
Violent Crimes Compensation Board
Department of Public Safety
Fairbanks, Alaska
POSITION STATEMENT: Testified as an appointee to the Violent
Crimes Compensation Board.
JOHN SKIDMORE, Deputy Attorney General
Office of the Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered legal questions on SB 187 and SB
182.
JASMINE MARTIN, Staff
Senator David Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on behalf of the sponsor
of SB 182.
JACOB BUTCHER, Communications Manager
Mat-Com Dispatch
City of Wasilla
Wasilla, Alaska
POSITION STATEMENT: Answered questions during the discussion of
SB 182.
ACTION NARRATIVE
1:33:48 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Myers, Hughes, Kiehl, and Chair Holland.
Senator Shower arrived shortly thereafter.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
State Commission for Human Rights
Alaska Police Standards Council
Violent Crime Compensation Board
1:34:30 PM
CHAIR HOLLAND announced the consideration of Governor
Appointees.
1:34:59 PM
SENATOR SHOWER joined the meeting.
CHAIR HOLLAND turned to the first appointee, Jesse Ruffridge,
State Commission for Human Rights.
1:35:38 PM
JESSIE RUFFRIDGE, Appointee, State Commission for Human Rights,
Office of the Governor, Soldotna, Alaska stated that she was
appointed to serve on the public seat. She provided her
background. She said she has resided in Alaska for 24 years. She
stated she thought this commission would be a good fit because
the issues of human rights and dignity were near and dear to her
heart. She has worked with marginalized populations in Alaska.
She offered her view that the commission serves a vital role in
ensuring fair treatment for all Alaskans.
1:36:50 PM
CHAIR HOLLAND noted that from 2016 to 2019, she worked for
Priceless Alaska, an organization that helps support survivors
of sex trafficking in the state. He offered his belief that she
brings relevant experience to the board.
1:37:19 PM
SENATOR SHOWER stated that he asks questions of every candidate
to ensure that the committee has done its due diligence. He
asked if she had anything in her background that would cause any
issues, such as criminal or civil judgments. He characterized
his question as asking if she had any "skeletons in her closet."
1:38:20 PM
MS. RUFFRIDGE answered no.
1:38:37 PM
SENATOR KIEHL stated that she mentioned having worked recently
with marginalized communities in Alaska. He asked if she could
expand on that by identifying what groups she worked with.
MS. RUFFRIDGE responded that she helped mentor single moms after
she had her son. That led to creating a larger ministry of
mentoring single moms. She said she matched young moms with
mentors on the Kenai Peninsula but her mentoring expanded into
the Mat-Su Valley and Anchorage. She stated that led her to
understand the human trafficking and sex trafficking that
happens in the state.
1:40:06 PM
SENATOR SHOWER asked for the two or three items she would like
to address and any potential solutions.
MS. RUFFRIDGE responded that she worked with the elderly for a
substantial time and saw their healthcare needs. Her primary
interest was to make things easier for moms, especially single
moms. She also had the privilege of being an adoptive mom, so
she learned to navigate relationships with the birth family
through the Office of Children's Services (OCS). She said not
one particular issue stands out, but those were the areas where
she felt she could bring expertise and experience to the
commission.
1:41:54 PM
ZACKARY GOTTSHALL, Appointee, State Commission for Human Rights,
Office of the Governor, Anchorage, Alaska, stated that he was
appointed to serve on the public seat. He provided his
background, including serving in the US Marine Corps and the US
Army. He left the service on medical retirement. He said his
military service helped him develop and hone his skills in human
resources, including employment law. As a senior military
officer, he became familiar with the US Equal Employment
Opportunity laws and the Uniformed Services Employment and
Reemployment Rights Act (USERRA). He acknowledged that his
experiences were deeply focused on the defense industry, but
they also could apply to the private sector.
MR. GOTTSHALL said he believes in principled, innovative
leadership, limited government, and personal responsibility. He
related that he and his wife are currently working to establish
a non-profit to assist women and children who suffered abuse or
violence.
1:44:09 PM
SENATOR KIEHL noticed he listed the Veterans Advisory Council
and the Missing and Murdered Indigenous Persons (MMIP) as his
choices and interest for boards and commissions, but not the
State Commission for Human Rights. He asked how he was nominated
to serve on the commission.
MR. GOTTSHALL answered that he learned about the commission
through his work with NC Machinery and during his interview for
the other board positions. He related his understanding that a
large part of the effort by the Human Rights Commission is
focused on equal employment opportunities. He offered that
because of his unique experiences, he was encouraged to consider
serving on the Commission. He stated that he believes this will
be a good fit, and he likes the opportunity to serve Alaskans
and hopes to help them pursue happiness.
1:45:45 PM
SENATOR SHOWER asked if he had any "skeletons in his closet."
MR. GOTTSHALL answered no.
1:46:13 PM
CHAIR HOLLAND stated that he was sure he had a great career in
the military. He offered his belief that the applicants were
ethical people with good life experiences and concern for their
fellow man. He said he was pleased to see them come forward and
submit their names to serve.
SENATOR HUGHES thanked him for stepping up to serve. She
acknowledged that the Human Rights Commission is an important
one.
1:47:38 PM
DAVID KNAPP, Appointee, Alaska Police Standards Council,
Department of Public Safety, Palmer, Alaska, stated that he was
appointed in January 2018 to serve in the probation, parole and
correctional officer position on the council. This will be his
second term. He provided his background, including graduating
from Seward High School and serving in the US Air Force. He has
worked for the Department of Corrections for 17 years, serving
at Spring Creek Correctional Center, Anchorage Correctional
Complex, and the Mat-Su Pretrial Facility.
1:48:04 PM
MR. KNAPP stated that he was assigned to the prisoner transport
unit for the last five years. In this capacity, he manages the
inmate telephone system and is the Department of Corrections
gang coordinator. He stated that his job was to identify gangs
and gang members within the institution. He said he also
supervised the Department of Correction's canine unit. He
explained that gang activity and drugs frequently occur
together. He would pass information and intelligence gleaned
from monitoring prisoner phone calls, gangs, and gang members to
the canine unit to assist in conducting drug suppression
activities. He also teaches a gang identification class and
firearms instruction at the Department of Corrections Academy.
He enjoyed serving on the APSC. He expressed an interest in
assisting the council with a large backlog of regulation changes
due to the pandemic.
MR. KNAPP highlighted that when an officer comes before the
council, he wants to ensure the officer receives fair treatment
and that the facts concerning their case are correct so that the
appropriate decisions can be made. He offered his belief that he
brings his correctional officer work experience, knowledge, and
perspective to the council.
MR. KNAPP said he has nothing in his past that should be a
problem. He stated that he would like to help assist with a
large backlog of regulation changes.
1:50:50 PM
SENATOR MYERS expressed interest in national scrutiny of police
regarding racial issues. He asked for his view and how he could
help the council address this issue.
MR. KNAPP responded that he would not want the council to
overreact to issues in the national media but to investigate
whether these issues are occurring in Alaska before taking any
action. He related that he had encountered little of this in his
personal experience. He offered his view that Alaska has well-
trained police.
1:52:15 PM
CHAIR HOLLAND and SENATOR HUGHES thanked him for serving.
1:53:08 PM
GREGORY BRINGHURST, Appointee, Violent Crimes Compensation
Board, Department of Public Safety, Fairbanks, Alaska, via
teleconference, stated that he was appointed to serve on the
public seat in May 2019 and is seeking reappointment to the
board. He stated that too many Alaskans are victims of violent
crimes. He said it is an honor to serve on the board.
1:54:08 PM
MR. BRINGHURST related his own experience as a victim of violent
crime. When he was 14 years of age, his mother was murdered in
Fairbanks in 1996. He was the recipient of violent crimes
compensation, which enabled him to attend college. He said he
was unsure he would have attended college without it. Losing his
mother and witnessing other traumatic events led him to seek
opportunities to help others. He indicated that his work in
public policy and participation on the board had allowed him to
help those experiencing challenges and trauma, ideally by
helping to prevent it. He said he enjoyed serving on the board
that helps to foster victim advocacy, provide services, and
promote victim recovery. He currently serves as a regional
director and rural advisor for US Senator Sullivan in Fairbanks.
He previously worked as a policy advisor for US Senator Lisa
Murkowski in Washington, DC.
MR. BRINGHURST suggested that all Alaskans consider serving on a
board or commission because these entities provide an essential
part of state government.
1:56:00 PM
MR. BRINGHURST answered Senator Shower's earlier questions of
appointees. He stated that nothing in his past would create
issues. He stated he would like to continue working on outreach
to let people know about the Violent Crimes Compensation Board's
services, including helping victims experiencing medical issues
file medical claims or address the loss of earnings.
MR. BRINGHURST highlighted two essential points. First, the
board offers relocation services for people experiencing
domestic violence or other situations they must escape. Second,
he would like to continue his work to help people access mental
health services. While VCCB doesn't provide mental health
services, they can help provide the opportunity for people to
seek those services. He emphasized that the state has a need for
mental health services. He stated that he appreciated the
committee's support and looked forward to continuing to serve.
1:58:03 PM
SENATOR HUGHES asked if VCCB had adequate funding to help
victims, or if the board had a waitlist of victims and had to
turn some away.
MR. BRINGHURST responded that VCCB does not turn people away.
However, he suggested that the board could use one or two
additional staff to serve more people. He said he could ask the
executive director if the committee would like more information.
1:59:09 PM
SENATOR HUGHES asked him what policy work, area of focus or the
topics he worked on in US Senator Murkowski's office.
MR. BRINGHURST answered that he worked as a rural advisor, and
as staff to the Indian Affairs Committee. He stated that his
portfolio was fairly broad, covering housing, census, and rural
development. He said he always leaned towards topics of interest
to Fairbanksans. He said he felt fortunate to have worked on
many issues that are important to Alaska.
2:00:32 PM
SENATOR HUGHES asked for a rough breakout of the number of rural
versus urban victims.
MR. BRINGHURST responded that he did not have those figures in
front of him. He acknowledged that a significant number of
victims were from rural Alaska. However, the most claims come
from Anchorage since it is the largest city in Alaska. He
offered to provide the committee with a breakdown.
2:01:13 PM
SENATOR KIEHL thanked him for applying for a second term. He
asked about the new direction the board has taken since the
staff changeover and how successful those changes have been.
2:01:34 PM
MR. BRINGHURST responded that VCCB has a new executive director
who has taken steps to improve the board's processes. For
example, the board has been working with a US Department of
Justice workgroup to update the board's policies and procedures
for all of the services the board provides. He related that the
board had other staff changes. However, the board leaves those
decisions to the executive director without much involvement by
the board. He offered his view that staff decisions are left up
to the director unless there are some extenuating circumstances.
The board has made progress in reducing the time it takes to
process claims. The board continually strives to improve and
help victims during their greatest time of need.
2:03:16 PM
SENATOR KIEHL asked if the board has seen improvement in the
quality of applications.
MR. BRINGHURST related his understanding that the board has seen
improvement, but he deferred to the executive director to
respond to the specifics on applications.
2:03:47 PM
SENATOR KIEHL recalled he mentioned the board could use
additional staff. He wondered how much effort was being made on
outreach for non-profits.
MR. BRINGHURST answered that VCCB makes an effort to keep in
contact with advocates and other groups around the state. Over
the last two years, in-person outreach has definitely decreased
due to the pandemic. As a board member, he would like to see
outreach increase. However, it is difficult due to the increase
in claims and the amount of time it takes to review and process
applications. He highlighted that adding another staff member
would open up more time for outreach. He stated that board
members don't engage with these activities daily. Still, he
frequently holds conversations with the executive director to
ensure that the board's policy and procedures are developing in
ways that allow the board to serve victims better.
2:06:12 PM
SENATOR KIEHL stated that VCCB has not submitted an annual
report since the one that covered the board's activities for
fiscal year (FY) 2018. He said he hoped to see the Annual Report
reports caught up sometime soon.
MR. BRINGHURST offered to immediately report back to the
committee on the status of the Annual Report.
2:06:56 PM
CHAIR HOLLAND thanked him for sharing his personal experiences,
and for his service on the board.
2:07:21 PM
CHAIR HOLLAND opened public testimony; finding none, he closed
public testimony on the governor appointees.
2:07:52 PM
SENATOR SHOWER stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
State Commission for Human Rights
Jessie Ruffridge - Soldotna
Zackary Gottshall - Anchorage
Alaska Police Standards Council
David Knapp - Palmer
Violent Crimes Compensation Board
Gregory Bringhurst - Fairbanks
[Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or
rejection.]
2:08:41 PM
At ease
SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES
2:11:11 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 187 "An Act relating to
criminal law and procedure; relating to the crime of harassment;
relating to the duty to register as a sex offender; amending the
definition of 'sex offense'; relating to lifetime revocation of
a teaching certificate for certain offenses; relating to the
definition of 'domestic violence'; relating to multidisciplinary
child protection teams; relating to arrest authority for
pretrial services officers and probation officers; and providing
for an effective date."
[SB 187 was previously heard on 2/23/22.]
2:11:30 PM
CHAIR HOLLAND stated support for the governor's efforts to close
loopholes and fill gaps in existing law. He noted for the record
that members are not defending bad behavior by asking questions
but are working to ensure that the public policies are well
defined and clearly understood.
2:11:56 PM
SENATOR MYERS said he was glad the bill would close a loophole
by defining the crime of harassment in the first degree. He
asked for examples of other crimes with a class C felony penalty
compared to those that fall under a class A misdemeanor.
2:12:27 PM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Criminal Division, Department of Law, Anchorage,
Alaska, related that a class C felony has a sentencing range of
0-2 years. He noted that numerous crimes fall into that
category. He listed a few, including theft in the second degree,
relating to theft greater than $750; assault in the third
degree, which is conduct that would place somebody in fear by
means of a dangerous instrument, such as a firearm or a knife;
and forgery in the second degree, which would include a crime
like forging a check.
2:13:17 PM
SENATOR MYERS asked what the penalties were for assault in the
first or second degree, and whether it was a class C or a class
A misdemeanor.
2:13:32 PM
MR. SKIDMORE related that assault in the first degree is a class
A felony, which has a sentencing range of four to seven years
with a maximum of 20 years.
SENATOR MYERS expressed an interest and knowing what would be
comparable in the class C felony range.
2:14:15 PM
MR. SKIDMORE referred to AS 11.41.220, Assault in the third
degree. He reviewed subsections (a).
(a) A person commits the crime of assault in the third
degree if that person
(1) recklessly
(A) places another person in fear of
imminent serious physical injury by means of a
dangerous instrument;
(B) causes physical injury to another person
by means of a dangerous instrument; or
(C) while being 18 years of age or older,
(i) causes physical injury to a child under
12 years of age and the injury would cause a
reasonable caregiver to seek medical attention from a
health care professional in the form of diagnosis or
treatment;
(ii) causes physical injury to a child under
12 years of age on more than one occasion;
(2) with intent to place another person in fear of
death or serious physical injury to the person or the
person's family member, makes repeated threats to
cause death or serious physical injury to another
person;
MR. SKIDMORE related an instance of using a dangerous instrument
in 11.41.220 (a)(1)(A), as previously mentioned, would be a
person pointing a gun at somebody or holding a knife in a manner
that indicates the person is about to stab someone. He explained
that serious physical injury must create a risk of death or
serious impairment, whereas physical injury would be a minor
injury done by means of a dangerous instrument. He stated that
he provided a few examples, but there were four or five more
descriptions for assault in the third degree.
2:15:49 PM
MR. SKIDMORE stated that [AS 11.41.210] assault in the second
degree is a class B felony, and [AS 11.41.200] assault in the
first is a class A felony.
2:15:54 PM
SENATOR MYERS asked whether an assault in the fourth degree
would be a class A misdemeanor.
MR. SKIDMORE responded that assault in the fourth degree is a
class A misdemeanor. He reviewed AS 11.41.230(a).
(a) A person commits the crime of assault in the
fourth degree if
(1) that person recklessly causes physical injury
to another person;
(2) with criminal negligence that person causes
physical injury to another person by means of a
dangerous instrument; or
(3) by words or other conduct that person
recklessly places another person in fear of imminent
physical injury.
MR. SKIDMORE explained that "recklessly" causing physical injury
would be a lower mens rea than in SB 187 for the crime of
harassment than "knowingly." He related the highest mental state
would be "intentionally."
MR. SKIDMORE stated AS 11.41.230 (a)(2) relates to "criminal
negligence," and paragraph (3) relates to "recklessly" placing
another person in fear of imminent physical injury. For example,
it is not the statement, "I hate you, and I'm going to hurt
you;" but that the person is in front of another person and
indicates they are ready to hit the other person, creating the
threat of imminent injury rather than actually causing an
injury. He summarized that those were the class A misdemeanor
crimes for assault.
2:17:15 PM
SENATOR KIEHL referred to the tiered and laddered system of
seriousness for the crime of harassment. He recalled that the
committee discussed when someone touches another person's inner
thigh, and the person slaps the perpetrator's hand away. He
related that would constitute a class B misdemeanor. If the the
person patted the person on the buttocks, having previously had
their hand slapped away, that would raise the crime to a class C
felony. However, it seemed like comparable conduct. He asked for
clarification on the disparity.
MR. SKIDMORE answered that currently touching a person's inner
thigh is a class B misdemeanor, and it would stay at that level.
2:18:57 PM
MR. SKIDMORE reviewed AS 11.61.118, Harassment in the first
degree.
(a) A person commits the crime of harassment in the
first degree if, under circumstances not proscribed
under AS 11.41.434 11.41.440, the person violates AS
11.61.120(a)(5) and the offensive physical contact is
contact
(1) with human or animal blood, mucus, saliva,
semen, urine, vomitus, or feces; or
(2) by the person touching through clothing
another person's genitals, buttocks, or female breast.
(b) Harassment in the first degree is a class A
misdemeanor.
2:19:50 PM
MR. SKIDMORE explained that the penalty for this behavior was
increased to a class A misdemeanor in SB 187 [on page 2, lines
25-31 to page 3, line 3].
Sec. 11.61.118. Harassment in the second [FIRST]
degree. (a) A person commits the crime of harassment
in the second [FIRST] degree if, under circumstances
not proscribed under AS 11.41.434 - 11.41.440, the
person violates AS 11.61.120(a)(5) and the offensive
physical contact is contact
(1) with human or animal blood, mucus, saliva, semen,
urine, vomitus or feces; or
(2) by the person touching through clothing another
person's genitals, buttocks, or female breast.
(b) Harassment in the second [FIRST] degree is a class
A misdemeanor.
MR. SKIDMORE reviewed the tiered approach that consists of a
generalized "anywhere on the body" which is a class B
misdemeanor; offensive physical contact with a substance [which
is a class A misdemeanor], and the highest level would be a
class C felony, in AS 11.61.117, as in SB 187.
Sec. 11.61.117. Harassment in the first degree. (a) A
person commits the crime of harassment in the first
degree if, under circumstances not proscribed under AS
11.41.434 - 11.41.440, the person intentionally
subjects another person to offensive physical contact
by touching, directly or through clothing, another
person's genitals, buttocks, or female breast.
(b) Harassment in the first degree is a class C
felony.
2:20:14 PM
MR. SKIDMORE described those three areas, "another person's
genitals, buttocks, or female breast" which is repeated
throughout the statutory framework, as being more sexualized
areas, so the conduct is elevated in the bill.
2:20:34 PM
SENATOR KIEHL suggested this area might need work. He further
suggested that the notion that it would be a less serious crime
to put feces on someone than patting them on the buttocks seemed
wrong. He recalled the initial presentation on the bill related
a scenario where someone grabbed another person's crotch. He
said he understood the mental state, but maintained it needed
work.
.
SENATOR HUGHES agreed that touching the inner thigh was more
invasive than touching the buttocks, and it should be adjusted.
2:21:38 PM
SENATOR SHOWER recalled that the legislature made numerous
changes with Senate Bill 91 and subsequent criminal bills. He
recalled that several years ago, the committee spent an entire
hearing on the overall effect of how a minor would be treated
for sending explicit photographs since that frequently happens
with the proliferation of cell phones and social media.
MR. SKIDMORE responded that the bill addresses minors in several
sections. He offered to walk through those and make sure that he
addressed his question. The harassment crime that the department
proposes doesn't have any age element of the person involved,
but a minor could undoubtedly be a victim. He acknowledged that
other crimes could also be applied. He would need to review the
facts of a case to identify the offense, which could be more
comprehensive and more severe than this one. The department
would not charge a minor, a person under 18, in an adult court.
However, this statute would be available for the Division of
Juvenile Justice to consider for someone being adjudicated as a
delinquent.
2:24:12 PM
MR. SKIDMORE stated that nothing in the statutes for harassment
addresses sending images. However, another subsection of the
bill relates to changes in the Sex Offender Registry. Several
years ago, the statutes made it a crime to send an explicit
image of a minor. He stated that might be the discussion he
recalled that a previous committee held. This bill has two
subsections to address it. The current statutes read:
Sec. 11.61.116. Sending an explicit image of a minor.
(a) A person commits the offense of sending an
explicit image of a minor if the person, with intent
to annoy or humiliate another person, distributes an
electronic photograph or video that depicts the
genitals, anus, or female breast of that other person
taken when that person was a minor under 16 years of
age.
(b) In this section,
(1) "computer" has the meaning given in AS
11.46.990;
(2) "distributes" means to deliver the image to
another person by sending the image to the other
person's computer or telephone;
(3) "Internet" has the meaning given in AS
11.46.710(d).
(c) Sending an explicit image of a minor is
(1) a class B misdemeanor if the person
distributes the image to another person;
(2) a class A misdemeanor if the person
distributes the image to an Internet website that is
accessible to the public.
2:24:45 PM
MR. SKIDMORE stated that [subsection (a)] relates to
distributing a photo of genitals, female breast or anus of
someone under the age of 16 to another person without that
individual's consent. He noted those were the three sexualized
areas discussed earlier. Suppose the person posted that image on
a website. If so, it is now available for everyone.
Theoretically, the person loses control of it by sending it to
another person. However, when the image is posted online, the
person has completely lost control over who has that image, what
that party may do with it, and where else it may appear. He said
in those circumstances that conduct is elevated to a class A
misdemeanor. This bill does not alter either of those
classifications.
2:24:57 PM
MR. SKIDMORE explained that when a person posts an explicit
image online, it creates sexual predatory concerns, and that
person would be required to register under [Section 9] of the
bill.
2:26:14 PM
MR. SKIDMORE related that a minor would be impacted because the
Sex Offender Registry provides additional protections to minors.
If a minor is the one who posts it, the state does not require
minors to register when they are sex offenders. The only other
impacts in the bill related to teaching certificates, but that
doesn't relate to the question.
2:26:49 PM
SENATOR SHOWER asked if the bill should further clarify
touching. He related unintentional or innocent touching that
could occur at a bar when people are dancing, to avoid someone
weaponizing it.
MR. SKIDMORE responded that the administration chose to attach
the highest mental element, the mens rea of "intentional." Thus,
the person must make a conscious objective to cause an offensive
physical touching to another person. It is not about accidental
touching, for example, accidental touching of someone's buttocks
or female breast that might occur in a crowded elevator. The
lesser crimes of "annoying" conduct have a lower mens rea. If
the person did not intend the touching to happen or was not
being reckless to the fact that the touching was offensive to
another person, it is not a crime. He emphasized that those are
the protections. The burden of proof in a criminal case is to
prove something beyond a reasonable doubt, which is not an easy
standard to meet. He acknowledged that the committee has the
purview to consider the bill and make adjustments.
2:30:08 PM
SENATOR HUGHES asked if the penalty would be elevated if the
victim's name is attached to the explicit images being sent or
posted. She suggested that might be something to consider
because it might be challenging to identify someone in a
photograph but identifying the victim by name makes the crime
more severe.
2:30:47 PM
MR. SKIDMORE answered no.
2:30:57 PM
SENATOR HUGHES expressed concern that a person could get angry
at a person at the end of an evening out and might "weaponize"
the touching behavior.
MR. SKIDMORE answered that the department wrestles with this in
sexual assaults. The department must prove that the evidence
supports the allegation beyond a reasonable doubt. He cautioned
that he was not suggesting that the person was lying or was
wrong, but the burden of proof provides protection. He
highlighted that is one reason why the prosecutors do not
proceed with some sexual assault cases.
2:32:59 PM
SENATOR KIEHL referred to posting an explicit photo of a minor
to a public website. He said he was unsure where the line lies.
He acknowledged revenge. He said he sends messages using apps,
including Instagram or Snap Chat stories. He stated that the
department might wish to respond in writing if his question is
too complex.
MR. SKIDMORE responded that he did not believe that the law
expressly defines it. He stated that AS 11.46.710 (d) provides a
definition. "Internet" means the combination of computer systems
or networks that make up the international network for
interactive communications services, including remote logins,
file transfer, electronic mail, and newsgroups. The
classification provision for the offense states that it is "an
Internet website that accessible to the public" [AS
11.61.116(c)(2)]. The prosecutor would need to argue whether the
social media website was accessible to the public. He related
that he could imagine arguments that a person might use to
defend their posting to websites, including that they had
restricted access to the site to their friends. He was unsure
the courts had resolved this issue.
2:35:54 PM
SENATOR MYERS referred to Section 13 to the issue of whether
pretrial officers could file a complaint. He stated that the
bill would expand their authority from two to five offenses. He
asked for the reason to extend this authority to pretrial
officers rather than to prosecutors.
2:36:47 PM
MR. SKIDMORE answered that currently, police officers could file
complaints when they encounter criminal conduct, so it does not
need to go through the district attorney's office. However,
pretrial officers don't have the same designation, so express
authority must be given. The expanded crimes include AS
11.56.320, Escape in the third degree. This means the individual
has been released on condition for pretrial and has an ankle
monitor for electronic monitoring. Frequently, the person will
cut or tamper with the electronic ankle monitor. It would add AS
11.56.610, tampering with physical evidence that interferes with
ankle monitoring, and AS 11.56.750, relating to unlawful
contact. This is when a court has indicated pretrial that the
defendant cannot come in contact with specific parties, usually
the victim. As pretrial services officers monitor the
defendants, they may realize the defendant came in contact with
the victim. In those instances, the officers must call a law
enforcement officer, who will collect the same information the
pretrial services officer would collect. The officer would make
the arrest, write up the report, and send the information to the
district attorney, who will decide whether to bring criminal
charges, summons, or arrest warrants. Under the bill, the
pretrial service officers can make the arrest. He pointed out
that the Department of Corrections incurred $800,000 in damage
to electronic monitoring.
2:39:39 PM
CHAIR HOLLAND asked about collateral consequences incurred by
someone facing a felony conviction instead of a misdemeanor
conviction.
MR. SKIDMORE answered that the collateral consequences were
challenging to describe. He stated that when a person becomes a
felon, the person potentially would be on supervised probation.
It would affect the felon's voting rights and right to use
concealed weapons. He acknowledged that long firearms would be
impacted by federal law. He stated it would also impact the
person's ability to obtain employment.
CHAIR HOLLAND asked how it would impact child custody.
MR. SKIDMORE said he was unsure how it would affect child
custody.
2:41:06 PM
CHAIR HOLLAND asked if the individuals who were online to answer
questions had anything to add, and they did not.
2:42:12 PM
CHAIR HOLLAND held SB 187 in committee.
SB 182-INTERFERENCE WITH EMERGENCY SERVICES
2:42:16 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 182
"An Act establishing the crime of interference with emergency
communications."
[SB 182 was previously heard on 2/16/22, and public testimony
was heard and closed.]
CHAIR HOLLAND noted that at the last hearing some members
indicated they had questions for the Department of Law, Criminal
Division.
2:43:00 PM
SENATOR SHOWER asked if anything could be done to hold emergency
service dispatchers harmless if they did not take a call. He
noted that the call center sometimes receives numerous calls. He
recalled testimony from a dispatcher that reported the Mat-Com
Wasilla Center received 86 calls from one individual on July 4,
2021, which could have prevented them from responding to actual
emergencies. He asked if the legislature could provide any
protections for the 911 dispatchers.
2:45:00 PM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Criminal Division, Department of Law, Anchorage,
Alaska, responded that his expertise was prosecuting crimes. He
does not practice in torts. He acknowledged that some immunities
apply to law enforcement or prosecutors acting in good faith. He
was unsure whether it was possible to provide immunity in
certain circumstances. He suggested consulting with attorneys
who work in this area.
2:45:58 PM
SENATOR SHOWER asked him to consult with the attorneys and
report to the committee.
MR. SKIDMORE agreed to do so.
2:46:11 PM
SENATOR HUGHES related that the committee discussed this. She
noted that when dispatchers receive numerous calls the call
center may bring in additional dispatchers. She asked if an
officer could be sent to arrest the person, once identified, to
stop them from making 75 calls in one day since the 911
dispatcher could trace the call. She asked if anything would
prevent an immediate interception to stop that person from
making numerous false calls.
MR. SKIDMORE answered no. He stated that this bill would create
a criminal offense, and an officer would need to determine the
probable cause that the person was committing an offense. If
they were committing an offense, law enforcement could arrest
the person.
2:47:37 PM
SENATOR HUGHES asked if the sponsor intended that an officer
would be dispatched after the known third or fourth call came in
from a known prank caller to prevent further disruption.
2:47:59 PM
JASMINE MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor, answered
yes. She said that the bill would also help 911 dispatchers by
allowing them to inform the caller that the disruptive or
offensive calls were illegal.
2:48:15 PM
SENATOR MYERS stated that he asked during the initial hearing
about callers suffering from mental illness. He recalled the
answer was that the person must be stopped, but via the criminal
justice system, the person could receive access to the needed
mental health services. While he understood the intent, it also
means that the mentally ill person would be exposed to the
criminal justice system. He asked for the prosecutorial view of
that circumstance.
MR. SKIDMORE responded that in the last year or so, the
legislature passed a bill that would allow the person to be
transported to a crisis center for assistance. He explained that
if the case was brought to a prosecutor, they would evaluate the
person's mental status to determine if the person was competent.
If the person was found to be competent and mental illness was
not a defense, the district attorney would evaluate the
available resources, the public interest, and if it was
appropriate to do so. He pointed out that the department
declines cases every day because murders and assaults are more
pressing. He said that these cases would be determined case-by-
case.
2:51:13 PM
SENATOR KIEHL recalled a question from a prior hearing. He
referred to page 2, lines 3-4 to subsection (a)(4), related to
blocking communications between police, fire, or medical service
personnel to cause a disruption in service. He asked whether
other crimes pertained to the behavior of disrupting official
activities of police or fire personnel.
MR. SKIDMORE answered that he was speaking to interference
between personnel that would clog up the system of
communications between emergency service personnel. He said he
could not immediately recall specific statutes, and he would
need to research the statutes to determine if other provisions
could be used to charge the person.
2:52:58 PM
SENATOR KIEHL interpreted that language to mean standing between
two police officers in the field and interfering with their
ability to communicate with one another.
MR. SKIDMORE answered that the only crime that came to mind was
if the person was interfering with an official investigation. He
characterized it as a fairly serious felony offense. He offered
to review the elements to determine how it would apply, but he
was not prepared to do so today.
2:54:04 PM
JACOB BUTCHER, Communications Manager, Mat-Com Dispatch, City of
Wasilla, Wasilla, Alaska, stated that programs were being
developed in Anchorage, Mat-Su, and Fairbanks, so moving forward
it will be possible to address mental health aspects. In
response to Senator Hughes, he stated that the intent of SB 182
was to address the disrupting callers and take measures to stop
it after the third, fourth, or fifth call, rather than to wait
until the 70th or 80th call.
2:55:07 PM
SENATOR HUGHES surmised that he had worked with the sponsor on
the bill. She referred to page 2 regarding interrupting
communications between the dispatcher and various first
responders. She offered her view that the person could interrupt
the communication between the dispatcher and another person in
need. She expressed concern that the disruptive caller might be
keeping the dispatcher from picking up a call from another
citizen in need. She asked if the bill is adequate since it
applies to interrupting communication and a first responder, or
between first responders.
2:56:07 PM
MR. BUTCHER offered his view that the language on page 1,
subsection (a)(1) and (2) captures that need.
(1) makes repeated emergency communications to report
a previously reported incident with no change in
circumstance with the intent to cause an emergency
police, fire, or medical service response, after an
emergency communications worker instructs the person
to stop initiating contact for the previously reported
incident;
(2) makes repeated emergency communications knowing
that there is not a police, fire, or medical
emergency;
MR. BUTCHER stated that would capture the communication that the
person is having with the emergency communications center
whereas the language on page 2 captures the other types of
interference that could happen between two first responders or
the communications center, and the emergency responders in the
field.
2:56:50 PM
SENATOR HUGHES asked what language pertains to interrupting
communications between the dispatcher and another citizen in
need.
MR. BUTCHER answered that was covered in Section 1, Sec.
11.56.785(a)(1),(2), and (3) of SB 182. He stated if the person
was making repeated emergency communications and reports while
knowing that there was no emergency would disrupt
communications. He offered his view that it would be easy for
the dispatcher to pull the call logs to see which 911 calls were
put on hold from citizens reporting real emergencies, how many
911 calls went to queue, put on hold, or rolled over to the
secondary answering point.
2:57:39 PM
MS. MARTIN interjected that she believed she understood Senator
Hughes' question. She referred to page 2, which addresses
communications between emergency personnel and communications
out of the communications center to emergency personnel.
However, it doesn't cover the 911 call to the communications
center. She offered her view that it was a valid point.
2:58:12 PM
SENATOR HUGHES asked if the language should be added.
MS. MARTIN responded that it was worth considering because she
did not think it was covered in the language.
2:58:36 PM
SENATOR KIEHL pointed out that the last thing they wanted to do
was make it a crime to call 911 in a panic. He stated that the
first two paragraphs relate to bad behavior when a person has
been told to stop calling, and the person keeps calling.
However, typically people who call 911 are panicked, and the
committee would not want to criminalize it if numerous people
called in about a massive emergency that floods 911. He offered
his view that focusing on the bad behavior as the sponsor has
done will avoid unintended consequences.
2:59:44 PM
SENATOR SHOWER referred to the language on page 2, to paragraph
(4). He suggested that the language "between police and fire"
implies it is on the scene. He related a scenario where a
citizen who was under duress because their child was in the
house and they yelled or otherwise inadvertently disrupted
police or fire first responders. He wanted to ensure that the
language would not create a crime for that circumstance.
3:01:02 PM
CHAIR HOLLAND held SB 182 in committee.
3:01:21 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 3:01 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Jessie Ruffridge HRC_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Zackary Gottshall Resume_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Zackary Gottshall HRC_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| David Knapp Application_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Greg Bringhurst Cover Letter (1)_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Greg Bringhurst Resume (1)_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Gregory Bringhurst Board Application_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| SB 187 Highlights 2.14.22.pdf |
SJUD 2/23/2022 1:30:00 PM SJUD 2/25/2022 1:30:00 PM |
SB 187 |
| SB 187 Transmittal Letter.pdf |
SJUD 2/23/2022 1:30:00 PM SJUD 2/25/2022 1:30:00 PM |
SB 187 |
| SB 187 v.A Sectional 2.14.22.pdf |
SJUD 2/23/2022 1:30:00 PM SJUD 2/25/2022 1:30:00 PM |
SB 187 |