HB 14-ASSAULT; SEX OFFENSES; SENT. AGGRAVATOR    4:26:21 PM CO-CHAIR KREISS-TOMKINS announced that the final order of business would be HOUSE BILL NO. 14, "An Act relating to assault in the first degree; relating to sex offenses; relating to the definition of 'dangerous instrument'; and providing for an aggravating factor at sentencing for strangulation that results in unconsciousness." 4:26:49 PM CO-CHAIR KREISS-TOMKINS opened public testimony on HB 14. 4:27:00 PM CHERI SMITH, Executive Director, The LeeShore Center, testified that through her 25 years of working in the field of domestic violence and sexual assault, she knows the devastating impact that the violence addressed in the proposed legislation has on victims. She relayed that research reveals that in a high percent of strangulation cases, there has been a history of domestic violence; it is the most lethal and ultimate form of control over a victim. It takes only 5-10 seconds to lose consciousness with only 11 pounds of pressure being applied; it takes 20 pounds of pressure to open a can of soda. Once unconscious, a death can occur in under two minutes; in over 50 percent of the cases, there will be no external physical evidence of it. She said that for every 10 victims of domestic violence or sexual assault who come into the center, at least half have been strangled. She maintained that HB 14 would be critical for victim safety and for holding offenders accountable. 4:28:55 PM SHERRY MILLER testified that making strangulation a first-degree assault is not enough; it should have an automatic charge of attempted murder. She related the story of her daughter, Linda Bower: At age 19, Linda was in a manipulative and controlling relationship with her boyfriend, David Thomas. He strangled her to death on September 10, 2014. He is now serving time in prison for second degree murder and will be eligible for parole in a few short years. She said that Mr. Thomas had an extensive, extremely violent past and had strangled to the point of unconsciousness one other female while living in Montana several years prior to her daughter's death. MS. MILLER declared that no parent should have to endure the pain that she lives with each day. She expressed her belief that Alaska is extremely soft on crime. She said that she experienced firsthand a complete and total disregard for the value of her daughter's life and the life sentence that she and her family now face at the expense of Mr. Thomas, who received the best opportunity for a lighter sentence. She is offering her testimony to put a "name" with the terrifying statistics of teen dating violence, domestic violence, and sexual assault. She emphasized, "It is time to put aside all political agendas and hold each and every one of these criminals accountable to the highest extent of the law." She offered that offenders of this type are not remorseful; they hold no regard or respect for the dignity of human life. She beseeched the committee members to consider the sentence they would want to see placed on the offender if this happened to their loved ones. She maintained that HB 14 is a step in the right direction, but she asked, "Is it enough?" She asked the committee to consider Alaska safety as a top priority and to put Alaska on the map as a state that criminals fear. 4:31:19 PM ISSAC WILLIAMS, No More Free Passes, testified that his organization was founded after the Justin Schneider case, in which Mr. Schneider strangled a young woman to the point of unconsciousness and ejaculated on her but received no jail time for it. He stated that his organization worked with Representative Lincoln on the proposed legislation to fix the loophole that allowed Mr. Schneider to receive no sentence. He maintained that HB 14 would go along way towards repairing the public trust in the criminal justice system; it would fix the policy that allows someone to commit such a horrific crime and escape jail time. He added that a non-fatal strangulation often happens before an escalation, which can lead to a fatal incident; it is important to escalate the penalties in these cases. He offered that HB 14 would send a strong message that these types of actions are not acceptable; strangling someone to the point of unconsciousness demonstrates reckless disregard; it is deserving of a much longer sentence than a zero- to two-year sentence. 4:33:31 PM JAENELL MANCHESTER, 49th Rising, paraphrased from her written testimony as follows [original punctuation provided]: 49th Rising is a non-partisan organization working to make Alaska as safe as it is beautiful. Alaska has the highest rate of reported sexual assault in the country. We have all heard this before. We have heard it so many times that this startling fact has lost its power. Yet, we just need to look at our friends, or sometimes in a mirror, to see the ocean of pain behind this reality. According to UAA's Justice Center, 1 in 3 Alaskan women has experienced sexual violence in their lifetime. Based on our firsthand experiences, we know that even those numbers are underestimates. 49th Rising endorses H.B. 14 as this bill will help address deficiencies in the current legislation, such as with regards to strangulation. Strangulation is often associated with sexual and domestic violence and is a form power and control which has a devastating physical and mental impact on victims. In fact, one study found that women who had been strangled by their partners were 7-times more likely to be victims of attempted homicide (Journal of Emergency Medicine, 2008). Strangulation blocks the flow of oxygen to the brain, and while victims may seem unharmed, they may have internal injuries and may die days or weeks later. Because of the psychological trauma resulting from strangulation, victims may also attempt suicide. H.B. 14 also closes some loopholes in the current legislation with regards to non-consensual contact with ejaculate matter. As illustrated by the Schneider case, it is imperative for the safety of Alaskans that this loophole be closed. Non-consensual contact is traumatizing, even more so when it is unpunished by legislation. 4:35:41 PM NATASHA GAMACHE testified that that she agrees with prior testimony suggesting that sentencing recommendations for strangulation in the proposed legislation should be more severe. She said that as a victim of sexual assault and domestic violence, she feels that given the statistics, cited it is imperative to do more to protect domestic violence and sexual assault victims in Alaska. She maintained that doing so would demonstrate to women and children that Alaska honors and values them and wants to protect them; women of Alaska are worthy of the protection. 4:37:52 PM DESERIE BOND testified that she supports the bill because she feels it is important to hold perpetrators accountable, to demonstrate that survivors are being heard, and to ensure that charges will be made against perpetrators so that healing can begin for the victims. She stated that she is a survivor of strangulation; no charges were ever made; she suffered broken cartilage in her voice box. She expressed that even though it occurred four years ago, she still suffers. She maintained that this type of violence should not be tolerated. 4:39:21 PM DOROTHY KOLEROK testified that she worked with men from different countries out on a tug and barge in remote Alaska; they had access to pharmaceuticals without a doctor's prescription. She stated that she was drugged and at the mercy of the men; to this day she doesn't know the drug; when she woke up her throat was extremely damaged; and there were no charges filed. She expressed that reporting the incident to the two authorities was worse than the offense itself; she is still jaded; and she believes that healing would have been easier had she not reported it. 4:43:30 PM CARMEN LOWRY, Executive Director, Alaska Network on Domestic Violence and Sexual Assault (ANDVSA), expressed her appreciation to the committee for taking public testimony and providing the opportunity for people to tell their stories. She noted the two critical elements of the proposed legislation: 1) noticing and recognizing the extreme nature and lethality of strangulation; and 2) expanding sex crimes to include ejaculation on a person without consent, which also allows for someone convicted of the crime to register as a sex offender. 4:45:29 PM CO-CHAIR KREISS-TOMKINS closed public testimony on HB 14. 4:45:50 PM REPRESENTATIVE JOHN LINCOLN, Alaska State Legislature, expressed that he was deeply moved by the testimony and thanked the testifiers for coming forward. He stated that he was very sorry those things happened to the women who testified; and that the gratitude expressed to them for telling their stories seems inadequate. He emphasized the importance of taking some sort of action that fits the experience of these women and that brings justice to them. CO-CHAIR FIELDS thanked Representative Lincoln for the introduction of HB 14. REPRESENTATIVE STORY thanked the women who testified, shared their stories, and advocated for a safer Alaska. 4:47:42 PM REPRESENTATIVE VANCE moved to report CS for HB 14, Version 31- LS0182\E, out of committee with individual recommendations and zero fiscal notes. There being no objection, CSHB 14(STA) was reported from the House State Affairs Standing Committee.