Legislature(2021 - 2022)

2022-02-15 Senate Journal

Full Journal pdf

2022-02-15                     Senate Journal                      Page 1806
SB 189                                                                                                                        
SENATE BILL NO. 189 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to sex trafficking; establishing the                                                                 
          crime of patron of a victim of sex trafficking; relating                                                              
          to the crime of human trafficking; relating to                                                                        
          sentencing for sex trafficking and patron of a victim                                                                 
          of sex trafficking; establishing the process for a                                                                    
          vacatur of judgment for a conviction of prostitution;                                                                 
          and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Administration                                                                                
 Fiscal Note No. 2, Department of Administration                                                                                
 Fiscal Note No. 3, zero, Department of Corrections                                                                             
 Fiscal Note No. 4, zero, Department of Law                                                                                     
 Fiscal Note No. 5, zero, Department of Public Safety                                                                           
 Fiscal Note No. 6, Department of Public Safety                                                                                 
                                                                                                                                
Governor's transmittal letter dated February 10:                                                                                
                                                                                                                                
Dear President Micciche:                                                                                                        
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill to clarify and improve Alaska’s                                                          
sex trafficking and human trafficking laws; establish the crime of                                                              
patron of a victim of sex trafficking; and create a process for a sex                                                           
trafficking victim convicted of prostitution to have that conviction                                                            
vacated.                                                                                                                        
                                                                                                                                
Alaska’s sex trafficking and human trafficking statutes do not                                                                  
adequately address the serious nature of these offenses or provide                                                              
sufficient protections for underage victims. The current language in                                                            
these statutes is archaic and fails to address the realities faced by                                                           
individuals forced into the labor or sex trade, creating situations where                                                       
victims are unaided, and perpetrators go undetected.                                                                            
                                                                                                                                

2022-02-15                     Senate Journal                      Page 1807
The proposed legislation will restructure the human trafficking and sex                                                         
trafficking statutes to address the realities of how these offenses are                                                         
committed and to protect underage victims. It increases the penalties                                                           
for all forms of trafficking placing the most serious classification on                                                         
those crimes that use force to traffic an underage person. Sex                                                                  
trafficking in the first, second and third degrees are now treated as sex                                                       
offenses for purposes of sentencing thereby enhancing the penalties.                                                            
Sex trafficking in the first and second degrees would also require sex                                                          
offender registration, while sex trafficking in the third would not                                                             
require registration. The legislation also establishes the new crime of                                                         
“patron of a victim of sex trafficking.” While it is crucial to target                                                          
those who traffic individuals, it is equally important to address those                                                         
who create a demand for victims of sex trafficking, specifically                                                                
underage victims.                                                                                                               
                                                                                                                                
The legislation also targets those who patronize those engaging in sex                                                          
work. First, it increases the penalties for this conduct and establishes                                                        
mandatory minimums based on the number of times a person is                                                                     
convicted. If a person is convicted three times within five years, the                                                          
offense will become a felony. Sex trafficking would not exist without                                                           
those who pay for sex. We cannot begin to address this scourge if we                                                            
continue to look the other way as people continually fund the sex                                                               
trafficking industry.                                                                                                           
Finally, the legislation establishes a mechanism by which a person                                                              
convicted of prostitution can request the conviction be vacated if they                                                         
were a victim of sex trafficking at the time of the prostitution offense.                                                       
The threat of being charged with a crime is often something that                                                                
traffickers will use to continue to control their victims. It is important                                                      
for society to recognize that these victims often have no other choice,                                                         
and they should not be treated as criminals when they are, in fact,                                                             
victims themselves.                                                                                                             
                                                                                                                                
Human trafficking and sex trafficking are insidious crimes that ruin                                                            
lives. It is time that our statutes begin to adequately address the                                                             
devastation this predatory conduct has on our society and protect those                                                         
who need it most.                                                                                                               
                                                                                                                                

2022-02-15                     Senate Journal                      Page 1808
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor