Legislature(2023 - 2024)GRUENBERG 120
02/09/2024 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB161 | |
| HB67 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 9 | TELECONFERENCED | |
| += | HB 161 | TELECONFERENCED | |
| += | HB 97 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 67 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 9, 2024
1:32 p.m.
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 161
"An Act relating to appropriations to the civil legal services
fund."
- HEARD & HELD
HOUSE BILL NO. 67
"An Act relating to criminal law and procedure; relating to the
crime of stalking; relating to consecutive sentencing for
violation of conditions of release; relating to the duty to
register as a sex offender; amending the definition of 'sex
offense'; amending the definition of 'crime involving domestic
violence'; relating to multidisciplinary child protection teams;
amending Rule 6(r), Alaska Rules of Criminal Procedure; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 9
"An Act relating to the Board of Regents of the University of
Alaska."
- BILL HEARING CANCELED
HOUSE BILL NO. 97
"An Act relating to self-storage facilities for personal
property, including vehicles and watercraft; distinguishing
self-storage facility liens from another type of storage lien;
and excluding self-storage liens from the treatment of certain
unclaimed property."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 161
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(s): REPRESENTATIVE(s) WRIGHT
04/14/23 (H) READ THE FIRST TIME - REFERRALS
04/14/23 (H) JUD, FIN
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/07/24 (H) Heard & Held
02/07/24 (H) MINUTE(JUD)
02/09/24 (H) JUD AT 1:30 PM GRUENBERG 120
BILL: HB 67
SHORT TITLE: HARASSMENT; SEX OFFENDERS & OFFENSES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/08/23 (H) READ THE FIRST TIME - REFERRALS
02/08/23 (H) JUD, FIN
03/03/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/03/23 (H) Heard & Held
03/03/23 (H) MINUTE(JUD)
03/27/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/27/23 (H) Heard & Held
03/27/23 (H) MINUTE(JUD)
02/05/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/05/24 (H) Heard & Held
02/05/24 (H) MINUTE(JUD)
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/07/24 (H) Heard & Held
02/07/24 (H) MINUTE(JUD)
02/09/24 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
CHRISTINE PAIGHT, Legal Program Director
Council on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 161.
JEANNE GERHARDT-CYRUS, representing self
Kiana, Alaska
POSITION STATEMENT: Testified in support of HB 161.
MARY RUTH MOORE, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 161.
TRAUDL HACKLEY
Alaska Legal Services Corporation
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 161.
JOHN PETERSON, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 161.
ROBERT FRENCH, Lieutenant
Alaska State Troopers
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
67.
KACI SCHROEDER, Assistant Attorney General
Criminal Division (Legal Services Section)
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
67.
KEMP ANGIE, Director
Criminal Division (Central Office)
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
67.
LISA PURINTON, Director
Division of Statewide Services
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
67.
ACTION NARRATIVE
1:32:38 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:32 p.m. Representatives Carpenter, C.
Johnson, Sumner, Gray, Groh, Allard, and Vance were present at
the call to order.
HB 161-CIVIL LEGAL SERVICES FUND
1:33:24 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 161, "An Act relating to appropriations to the
civil legal services fund."
CHAIR VANCE opened public testimony on HB 161
1:33:51 PM
CHRISTINE PAIGHT, Legal Program Director, Council on Domestic
Violence And Sexual Assault (CDVSA), testified in support of HB
161. She understood that there is an enormous continuing unmet
need for Alaskans to access civil legal assistance and few
agencies, in addition to the Alaska Legal Services Corporation
(ALSC) to provide this service. In the criminal justice system,
there is a right to council; however, there is no corresponding
right in the civil justice system. She reported that civil
legal services are the most important service to ending domestic
violence and sexual assault because civil legal attorneys are
the ones who can get spousal support, child support, property
division, and more. She shared a personal anecdote and urged
the committee to pass HB 161.
1:40:36 PM
JEANNE GERHARDT-CYRUS, representing self, testified in support
of HB 161. She said the bill would help people with
disabilities gain services, maintain employment, and ensure that
they get the benefits they need to be full members of the
community. It would also benefit low-income individuals. She
posited that people who need this service and cannot afford it
should not face a disadvantage in the court room. ALSC would
help level the playing field, she said.
1:42:56 PM
MARY RUTH MOORE, representing self, testified in support of HB
161. She shared that ALSC helped her and her children by
extending a domestic violence protection order, getting custody
and visitation during the divorce, helping with trust accounts
after encountering carbon monoxide poisoning, enforcing her
father's will, and restoring medical benefits. She advocated
for the increase in funding.
1:44:37 PM
TRAUDL HACKLEY, representing self, testified in support of HB
161. She shared her experience seeking a divorce and a
protective order against her then husband. She said with help
from her ALSC attorney, she obtained full-time custody of her
boys, a long-term protective order, and instruction for
supervised parenting time with their dad. She described the
process of gaining representation through legal aid as a lengthy
and competitive process. She urged a "yes" vote on HB 161.
1:47:55 PM
JOHN PETERSON, representing self, testified in support of HB
161.
[Due to technical difficulties, portions of the audio are
indiscernible.]
1:50:30 PM
CHAIR VANCE closed public testimony on HB 161. She announced
that the bill would be held over.
HB 67-HARASSMENT; SEX OFFENDERS & OFFENSES
1:51:18 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 67, "An Act relating to criminal law and
procedure; relating to the crime of stalking; relating to
consecutive sentencing for violation of conditions of release;
relating to the duty to register as a sex offender; amending the
definition of 'sex offense'; amending the definition of 'crime
involving domestic violence'; relating to multidisciplinary
child protection teams; amending Rule 6(r), Alaska Rules of
Criminal Procedure; and providing for an effective date."
[Before the committee was HB 67, as amended on 2/5/24.]
1:51:52 PM
REPRESENTATIVE GRAY moved to adopt Amendment 3 to HB 67, labeled
33-GH1031\A.14, C. Radford, 2/5/24, which read:
Page 1, line 1, following "stalking;":
Insert "relating to sexual abuse of a minor;"
Page 2, line 2:
Delete "sec. 12"
Insert "sec. 15"
Page 2, following line 28:
Insert new bill sections to read:
"* Sec. 3. AS 11.41.434(a) is amended to read:
(a) An offender commits the crime of sexual
abuse of a minor in the first degree if
(1) being 16 years of age or older, the
offender engages in sexual penetration with a person
who is under 13 years of age or aids, induces, causes,
or encourages a person who is under 13 years of age to
engage in sexual penetration with another person;
(2) being 18 years of age or older, the
offender engages in sexual penetration with a person
who is under 18 years of age, and the offender is the
victim's natural parent, stepparent, adopted parent,
or legal guardian; or
(3) being 18 years of age or older, the
offender engages in sexual penetration with a person
who is under 18 [16] years of age, and
(A) the victim at the time of the offense
is residing in the same household as the offender and
the offender has authority over the victim; or
(B) the offender occupies a position of
authority in relation to the victim.
* Sec. 4. AS 11.41.436(a) is amended to read:
(a) An offender commits the crime of sexual
abuse of a minor in the second degree if,
(1) being 17 years of age or older, the
offender engages in sexual penetration with a person
who is 13, 14, [OR] 15, 16, or 17 years of age and at
least four years younger than the offender, or aids,
induces, causes, or encourages a person who is 13, 14,
[OR] 15, 16, or 17 years of age and at least four
years younger than the offender to engage in sexual
penetration with another person;
(2) being 16 years of age or older, the
offender engages in sexual contact with a person who
is under 13 years of age or aids, induces, causes, or
encourages a person under 13 years of age to engage in
sexual contact with another person;
(3) being 18 years of age or older, the
offender engages in sexual contact with a person who
is under 18 years of age, and the offender is the
victim's natural parent, stepparent, adopted parent,
or legal guardian;
(4) being 16 years of age or older, the
offender aids, induces, causes, or encourages a person
who is under 16 years of age to engage in conduct
described in AS 11.41.455(a)(2) - (6);
(5) being 18 years of age or older, the
offender engages in sexual contact with a person who
is under 18 [16] years of age, and
(A) the victim at the time of the offense
is residing in the same household as the offender and
the offender has authority over the victim; or
(B) the offender occupies a position of
authority in relation to the victim;
(6) being 18 years of age or older, the
offender engages in sexual penetration with a person
who is 16 or 17 years of age and at least three years
younger than the offender, and the offender occupies a
position of authority in relation to the victim; or
(7) being under 16 years of age, the
offender engages in sexual penetration with a person
who is under 13 years of age and at least three years
younger than the offender.
* Sec. 5. AS 11.41.438(a) is amended to read:
(a) An offender commits the crime of sexual
abuse of a minor in the third degree if being 17 years
of age or older, the offender engages in sexual
contact with a person who is 13, 14, [OR] 15, 16, or
17 years of age and at least four years younger than
the offender."
Renumber the following bill sections accordingly.
Page 12, line 29:
Delete all material and insert:
"* Sec. 16. AS 11.41.436(a)(6), 11.41.440(a)(2);
AS 12.40.110; and AS 12.63.100(7)(C)(ii) are
repealed."
Page 13, line 1, following "Act,":
Insert "AS 11.41.434(a), as amended by sec. 3 of
this Act, AS 11.41.436(a), as amended by sec. 4 of
this Act, AS 11.41.438(a), as amended by sec. 5 of
this Act,"
Page 13, line 2:
Delete "sec. 3"
Insert "sec. 6"
Page 13, lines 2 - 3:
Delete "sec. 9"
Insert "sec. 12"
Page 13, line 5:
Delete "sec. 4"
Insert "sec. 7"
Delete "sec. 5"
Insert "sec. 8"
Page 13, line 6:
Delete "sec. 6"
Insert "sec. 9"
Page 13, line 9:
Delete "sec. 7"
Insert "sec. 10"
Page 13, line 13:
Delete "sec. 7"
Insert "sec. 10"
Page 13, line 16:
Delete "sec. 8"
Insert "sec. 11"
Page 13, line 18:
Delete "sec. 12"
Insert "sec. 15"
Page 13, line 24:
Delete "sec. 12" in both places
Insert "sec. 15" in both places
REPRESENTATIVE C. JOHNSON objected.
1:52:01 PM
REPRESENTATIVE GRAY explained that Amendment 3 would raise the
age of consent for sexual activity in Alaska from age 16 to age
18. Because the age of consent is 16, he said, 16-year-olds are
currently treated the same as 35-year-olds if assaulted,
undergoing questioning by law enforcement and an invasive pelvic
exam to determine consent. He asserted that the proposed
amendment would afford 16-year-olds the same protections as any
other minor and protect Alaska's youth.
1:54:32 PM
REPRESENTATIVE ALLARD asked whether the legal age of marriage is
16.
1:55:09 PM
ROBERT FRENCH, Lieutenant, Alaska State Troopers, did not know
the answer.
1:55:21 PM
The committee took a brief at-ease.
1:56:15 PM
KACI SCHROEDER, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), said, as a
criminal attorney, she did not know the legal age of marriage in
Alaska; nonetheless, under the sexual abuse of a minor statutes,
it is an affirmative defense if the person was married to the
offender at the time of the offense.
1:56:57 PM
The committee took a brief at-ease.
1:56:59 PM
REPRESENTATIVE ALLARD requested the legal definition of "minor"
in the state of Alaska.
MS. SCHROEDER said she did not know whether "minor" is defined
in statute. Generally, the terms "minor" and "juvenile" are
used interchangeably in reference to someone under the age of
18.
1:58:03 PM
REPRESENTATIVE GROH shared his understanding that to be married
in Alaska, a person must be 18 without parental consent or 16
with parental consent. He inquired about the "Romeo and Juliet
exception" and how that would be impacted by the proposed
legislation.
MS. SCHROEDER said, if by "Romeo and Juliet," Representative
Groh was referring to a sexual relationship involving people who
are close in age, the current sexual abuse of a minor statutes
account for that by prescribing age difference and various
circumstances. She referred to page 2, lines 6-10 of Amendment
3, noting that the victim must be at least four years younger
than the offender.
REPRESENTATIVE GROH asked whether there is an exception under
current law for an 18-year-old to have sexual penetration with a
14-year-old.
MS. SCHROEDER said, under current law, the person must be 17
years of age or older and the victim must be 13, 14, or 15;
additionally, there must be a four-year age difference. In
response to follow up questions, she confirmed that if there is
more than a four-year age difference [at the time of the
offense], then it can be prosecuted. Should the Amendment pass,
she explained that "the age is moved up," making it so the
suspect must be 17 years of age or older and the victim must be
13, 14, 15, 16, or 17 and there would need to be a four-year age
difference.
2:03:09 PM
REPRESENTATIVE ALLARD asked whether the department viewed
Amendment 3 as a "good amendment" or whether it would create
unintended consequences.
2:03:37 PM
KEMP ANGIE, Director, Criminal Division, Department of Law
(DOL), said DOL was neutral on the proposed amendment.
REPRESENTATIVE ALLARD asked what the [amendment] would do and
what it would not do.
MS. KEMP stated that the amendment would capture more victims.
Under current law, she explained that the state cannot charge
sexual abuse of a minor in the second degree if the victim is 16
years old and the suspect is 20 years old. Amendment 3 would
expand the scope of coverage to include 16 and 17-year-olds.
She noted that proof of the four-year age gap would still be
required, in addition to proof of sexual penetration and any
additional elements.
2:05:58 PM
REPRESENTATIVE GROH asked whether the age difference is
calculated by year or by day.
MS. KEMP indicated that it is calculated to the day.
2:07:58 PM
REPRESENTATIVE SUMNER asked what would happen if there is an
intervening leap year.
MS. KEMP stated that it would require calculus on behalf of the
department to ensure that the element is met beyond a reasonable
doubt.
2:09:00 PM
REPRESENTATIVE ALLARD considered a hypothetical scenario in
which a 17-year-old [engages in sexual penetration] with a 21-
year-old and asked whether the 21-year-old could go to jail.
MS. KEMP answered yes.
2:10:07 PM
CHAIR VANCE asked how Amendment 3 would impact DOL.
MS. KEMP conveyed that it was hard to measure the impact. The
best measurement, she said, is grounded primarily in predictions
for HB 325 about how changing the definition of sexual assault
and "without consent" language may increase the caseload. She
shared her belief that there would be a fiscal cost to the
department associated with HB 67.
2:14:25 PM
CHAIR VANCE asked how Amendment 3 would impact the Department of
Public Safety (DPS).
2:14:55 PM
LISA PURINTON, Director, Division of Statewide Services,
(Department of Public Safety), said the proposed amendment would
increase the department's workload. The widened scope of
criminal behavior would result in more investigations and
therefore, a fiscal cost to DPS.
2:16:59 PM
REPRESENTATIVE ALLARD expressed concern that the bill would be
challenging for emancipated 16-year-olds or kids that go to
college at an early age. She asked for verification that a
different law would pertain to minors versus someone not
considered a minor in that instance.
MS. PURINTON deferred to DOL.
2:18:30 PM
CHAIR VANCE asked why this area of law was not included in the
consent bill, House Bill 325.
MS. PURINTON did not know the answer. In response to a follow
up question, she reported that the fiscal note for House Bill
325 accounted for seven new investigators.
2:20:06 PM
REPRESENTATIVE GRAY emphasized that older kids often pray upon
16- and 17-year-olds lack of maturity and standing. He added
that 16- and 17-year-olds are inherently more vulnerable to
human trafficking than adults. He remarked, "I can't imagine
that we're going to try to balance our budget and have a more
balanced budget by not going after criminals, by not making this
a crime, by not trying to enforce what I believe is best for
minors." Experts in the field believe that raising the age of
consent would be the "biggest bang for [Alaska's] buck" in terms
of sexual assault and preventing sex trafficking, he added. He
opined that Amendment 3 would stop crimes and help people.
2:23:11 PM
The committee took a brief at-ease.
2:23:18 PM
CHAIR VANCE invited final comments on Amendment 3.
REPRESENTATIVE C. JOHNSON stated that he whole-heartedly
supported the concept of Amendment 3 and did not want to
encourage crime; however, there's a lot that's unknown. In
light of the lack of knowledge, he said it was tough to vote for
the proposed amendment.
2:32:50 PM
The committee took a brief at-ease.
2:32:58 PM
REPRESENTATIVE GRAY, in wrap up, shared his understanding that
the fiscal note was $3 million for seven staff members. He said
he would keep note that [$3 million] is too much to protect
Alaska's young people.
CHAIR VANCE said she believed that Representative Gray had
mischaracterized the members' comments.
2:34:02 PM
A roll call vote was taken. Representatives Gray and Groh voted
in favor of Amendment 3. Representatives Carpenter, C. Johnson,
Sumner, Allard, and Vance voted against it. Therefore,
Amendment 3 failed by a vote of 2-5.
2:34:48 PM
CHAIR VANCE announced that HB 67 would be held over.
2:35:22 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:35 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 9 - Sponsor Statement.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - v.B.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Sectional Analysis.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Summary of Changes.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - UA-SS Fiscal Note (02-02-24).pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Support UNAC.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Support Faculty Alliance.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |