HB 52-CRIMES;SEX CRIMES;SENTENCING; PAROLE  1:41:05 PM CHAIR CLAMAN announced that the next order of business would be HOUSE BILL NO. 52 "An Act eliminating marriage as a defense to certain crimes of sexual assault; relating to enticement of a minor; relating to harassment in the first degree; relating to harassment in the second degree; relating to indecent viewing or production of a picture; relating to the definition of 'sexual contact'; relating to assault in the second degree; relating to sentencing; relating to prior convictions; relating to the definition of 'most serious felony'; relating to the definition of 'sexual felony'; relating to the duty of a sex offender or child kidnapper to register; relating to eligibility for discretionary parole; and providing for an effective date." 1:42:00 PM CHAIR CLAMAN opened public testimony on HB 52. 1:42:57 PM KATIE BOTZ relayed her experience as a victim of sexual abuse. [Due to technical difficulties, much of Ms. Botz's testimony was indiscernible. She had read from a similar prepared statement during the Senate Judiciary Standing Committee meeting on February 18, 2019. She gave permission for that testimony to be reflected in this record.] MS. BOTZ said she was originally from Kodiak, where she was the victim of sexual abuse at the age of 12. She said many statistics show that victims often know their rapist. In this case, she said, her rapist was an 18-year-old friend of her brother. She detailed her efforts to hide from her abuser, who was welcome in the house and worked around her family members' schedules to abuse her. She said her mother caught him in the act, which broke her mother's heart. She discussed the testing of her rape kit and the involvement of the police and court system. She said she wishes her abuser had received more than six years in prison. She noted that she remembers the abuse as if it happened yesterday. She explained that she cried herself to sleep every night for five years and how she feared sleep because of chronic nightmares. She said she did not speak to anyone about her nightmares, possibly because of the stigma and embarrassment of being a victim. She said she wishes her abuser served more than six years in prison because it took her 12 years to recover. She added that sexual abuse is a topic too difficult for some victims to discuss. She remarked that Alaska has the highest sex crime rate in America and only one percent of predators end up in jail. She said if the government wants to protect the public, something must be done about this. [MS. BOTZ, during the Senate Judiciary Standing Committee meeting on February 18, 2019, also spoke against outside residents coming to Alaska to dodge sex offender registration. She said all Alaskan residents should have the right to know who they are associating with. She said incitement of a minor is still a crime, regardless of how it is committed. She noted that sexual harassment is not often properly respected by authorities, which makes it difficult for victims to go to a supervisor. She asked for something to help victims feel more comfortable reporting sexual harassment. She said imprisonment of less than ten years for serious crimes does not do justice for victims, noting that a victim will suffer for a lot longer than that ten years. She urged a sentence of 20 years for victims aged 13 and older and 30 years for victims under 13, so that victims can have peace of mind.] 1:46:26 PM MICHELE VASQUEZ said she whole-heartedly supports HB 52 though asked that the bill be amended to make it a third- or fourth- degree sexual assault for anyone in law enforcement to have sexual contact or penetration with anyone during an active criminal investigation. She called that behavior "reprehensible" and said it should not be tolerated. She said, given Alaska's position as the state with the highest rate of sexual assault, legislators should make a clear statement that nobody is above the law when it comes to sexual assault. She said all Alaskans should be protected. 1:47:40 PM MAXINE DOOGAN, representing Community United for Safety Protection (CUSP), explained that CUSP is an advocacy group for current and former sex workers, sex trafficking victims, and their allies. She asked that HB 52 be amended to include language making police officers guilty of third- or fourth- degree felony sexual assault if they have sexual contact or penetration with anyone that they are investigating for prostitution or sex trafficking. She cited a CUSP survey that found 90 percent of Alaska voters support making it a criminal offense. 1:49:11 PM TERRA BURNS, also representing Community United for Safety Protection, asked for HB 52 to be amended to make it third- or fourth-degree sexual assault for a police officer to sexually penetrate or have sexual contact with people under active investigation during an active criminal investigation. She said she did her graduate research at University of Alaska Fairbanks on the lived experiences and policy recommendations of people in Alaska's sex trade. She said approximately a quarter of sex workers say they have been sexually assaulted by a police officer. She added that 60 percent of sex trafficking victims say they have been sexually assaulted by a police officer. She explained that APD conducts stings as a primary way to identify sex trafficking victims. She said CUSP is aware of cases in which people have called 911 to say that they were sex trafficking victims and then, instead of following up with them, APD conducted a prostitution sting operation where officers had sexual contact with them. She stressed that victims of sex crimes should be treated equally and not be subject to revictimization by law enforcement. She said this is a common- sense amendment as the committee is already looking to adjust the sexual assault statute. She restated that 90 percent of Alaska voters want to see this happen. She thanked the committee members for their work addressing sex crimes. 1:51:15 PM CHAIR CLAMAN ascertained there were no further people wishing to testify. He closed public testimony on HB 52. 1:52:24 PM CHAIR CLAMAN announced the bill would be held for further review.