Legislature(2019 - 2020)GRUENBERG 120
04/18/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB110 | |
| HB115 | |
| HB20 | |
| HB115 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 110 | TELECONFERENCED | |
| += | HB 115 | TELECONFERENCED | |
| += | HB 20 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 20-SEXUAL ASSAULT EXAMINATION KITS
3:42:32 PM
CO-CHAIR KREISS-TOMKINS announced that the next order of
business would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20, "An
Act relating to sexual assault; relating to the definitions of
'without consent' and 'consent'; relating to failure to report a
violent crime; relating to sexual misconduct under the code of
military justice; requiring law enforcement agencies to test
sexual assault examination kits; requiring notification of
completion of testing; relating to reports on untested sexual
assault examination kits; and providing for an effective date."
[Before the committee, adopted as a working document on 3/21/19,
was committee substitute (CS) for SSHB 20, Version 31-LS0253\G,
Radford, 3/21/19.]
3:43:08 PM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, noted that
everyone appeared to be on board with the sections of the bill
related to rape kits, including the year timeline, sending kits
within 30 days, victim notification, and updating of the audit
report. She indicated other issues had been added relating to
sexual assault in the second degree and the definition of
consent - both of which "needed more work." Representative Tarr
said because the definition of "without consent" involves the
use of force, in the case of an incapacitated person, when
jurors do not see evidence of force, they "often don't perceive
it as sexual assault." She indicated that an amendment was
available that would "make it more clear in those circumstances"
and avoid loopholes. She said in a prior meeting there was a
discussion about the varying standards regarding "mental state."
She said, "The default 'mental state' is reckless disregard."
She mentioned "the reasonable person standard." The
aforementioned amendment would clean up that language for
clarification. In response to Co-Chair Kreiss Tomkins, she
mentioned SB 35, heard in the Senate Judiciary Standing
Committee, where "this conversation was happening there, too."
She indicated that the language of the amendment had been vetted
with advocates, as well as with the Department of Law (DOL).
She emphasized the importance of clarity of language for the
purpose of evaluating the law.
3:48:07 PM
REPRESENTATIVE WOOL asked whether "incapacitated" and "mentally
incapable" are considered temporary or permanent states.
REPRESENTATIVE TARR answered it could be both.
REPRESENTATIVE WOOL asked whether incapacitation was considered
just on the part of the victim or when both the victim and [the
person who assaults him/her] may be incapacitated.
REPRESENTATIVE TARR suggested, "It depends on who the defendant
is in that particular case." She indicated that human behavior
"on both sides" could be a challenge.
3:50:26 PM
CO-CHAIR KREISS-TOMKINS opened public testimony on SSHB 20,
Version G.
3:50:44 PM
KATIE BOTZ testified in support of SSHB 20. She asked the
committee not to bog down the bill but to keep it strong. [Due
to technical difficulty, part of Ms. Botz' testimony was
indiscernible.] She questioned, "How much more does the victim
needs to be revictimized?" She asked the committee to show
victims that they have value as human beings.
3:52:50 PM
KARISA CALLAHAN said she is originally from Montana, and she
indicated that is an area that ranks high in the number of
sexual assaults; she is an assault survivor. She stated it is
important in recovery to have the support of community. She
said in the absence of rape test kits, sometimes justice is not
possible. She expressed her emotional response to this subject
and urged the committee to support HB 20, to bring healing to
the community.
3:54:08 PM
CARMEN LOWRY, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), said ANDVSA comprises 24
community-based organizations providing services to victims and
their families. She said ANDVSA supports SSHB 20. She
expressed appreciation for Representative Tarr's survivor-
centered approach to addressing sexual assault kit processes and
backlogged kits. She said, "This bill represents very solid,
trauma-informed processes." She said the specification of a
timeline when victims will hear back regarding the kits is
critical. She said giving reasons for untested kits is
important, because "every kit represents a victim." She
encouraged the committee's "favorable consideration" of SSHB 20.
3:57:18 PM
CARLY WELLS testified that she works with sexual assault victims
in Alaska. She emphasized that passing SSHB 20 was "powerful
and necessary." She reviewed that Alaska is the highest in the
nation for sexual assault. She stated, "We're in the middle of
an epidemic." She said the healing journey of victims is a long
and difficult one, and the proposed legislation would "give some
level of dignity back to them" by providing a timeline as to
when kits will be tested. Another consideration, she relayed,
is that a shorter timeline will prevent victims from getting a
call four or five years in the future that can "seriously derail
them in their journey." She indicated that the cost of testing
the kits is not great, and doing so shows the state cares about
these victims and getting answers for them in a reasonable
amount of time to give them back their dignity. She concluded,
"As someone who hears their stories day in and day out, I can
tell you this bill is not just necessary but is incredibly
needed in our state."
3:58:46 PM
LEIGH BOLIN, President, National Association of Social Workers
(NASW) - AK Chapter; Manager, Child Advocacy Center of Bristol
Bay, thanked the bill sponsor for her leadership in addressing
sexual assault processes with a trauma-informed approach. She
said she appreciates the timeframe specified under SSHB 20. She
specified the following language in Section 11, which read:
* Sec. 11. AS 44.41.070 is amended by adding a new
subsection to read:
(e) A sexual assault examination kit is
ineligible for testing if the law enforcement agency
or state department finds that the sexual assault
examination kit
(1) was collected improperly;
(2) is not necessary to identify
the perpetrator of the crime; or
(3) was collected from a person
who does not wish to proceed with criminal charges.
MS. BOLIN offered her understanding that children "are not
allowed to do anonymous kits or say they don't want to proceed";
therefore, she said it is important to specify that in the bill
language.
4:00:24 PM
KEELEY OLSON, Executive Director, Standing Together Against Rape
(STAR), testified in support of SSHB 20. She thanked the
committee for its support of the proposed legislation.
Regarding language referencing mental state, she said, "Removing
that does make everything clearer; it changes to a default of
acting recklessly or with reckless disregard." She said this is
important, because it would make it more difficult for an
offender to claim that he/she did not know that the victim was
incapacitated. It would give more tools to the prosecution and
to a sitting jury to evaluate the evidence and decide whether
the perpetrator should have known - which is not the current
standard.
4:02:16 PM
ANGILIA TRUJILLO said she is a forensic examiner, who is
testifying on her own behalf. She said she agrees with the
previous testifier's remarks about specifying in the bill
language that minors do not have the option to have their rape
kits remain anonymous. She said she concurs with the issue
regarding the mental state and incapacitation, and she believes
the bill will "strengthen the ability of the trier of facts to
come to a more judicial accounting for the (indisc.) to come
forward." She said as a prior examiner, she has seen cases that
could not go forward, which put victims in "a state of not
knowing where they're going to go" and finding themselves having
to revisit the trauma 12 to 15 years later. She said she hopes
SSHB 20 will pass.
4:04:09 PM
PATTY OWEN, Director, Alaska Public Health Association (APHA),
stated that domestic violence and sexual assault are primary
issues in Alaska that are the focus of APHA. She stated that
APHA supports SSHB 20 and thanks Representative Tarr for her
leadership. She related that APHA responds to this public
health challenge and supports the efforts, policies, and
programming embraced by the following: the Council on Domestic
Violence and Sexual Assault (CDVSA); ANDVSA; and the Alaska
Native Women's Resource Center. She stated that APHA believes
that under SSHB 20, the backlog of sexual assault kits will be
addressed, and kits will be processed in a timely manner. She
said, "We agree with the changes that have been outlined."
4:06:36 PM
DIANE CASTRO, Executive Director, Council on Domestic Violence
and Sexual Assault (CDVSA), testified that CDVSA supports the
concept of SSHB 20. She explained that CDVSA comprises the
Department of Corrections (DOC), the Department of Public Safety
(DPS), the Department of Education & Early Development (DEED),
the Department of Health and Social Services (DHSS), the
Department of Law (DOL), and four public members who meet only
quarterly; therefore, it is difficult to come out in full
support of legislation, because there are amendments that could
occur. Notwithstanding that, she said CDVSA met in March [2019]
and agrees that revising the language of SSHB 20, as the
previously discussed amendment would do, would be "a good step
forward." She said CDVSA believes that strengthening the
consistency and timing of testing will increase the number of
victims who come forward to report, because they would be surer
that something would be done. She talked about working toward
the reduction and eventual elimination of domestic violence and
assault, and she said SSHB 20 "takes us one step forward in that
direction."
4:09:21 PM
REPRESENTATIVE WOOL stated support for SSHB 20, [Version G].
3:09:40 PM
REPRESENTATIVE STORY mentioned "Section 4" and referred to
language in [the sectional analysis] regarding "reasonable
effort" being made to notify the victim that testing has
occurred. She inquired as to the definition of "reasonable
effort."
4:10:20 PM
REPRESENTATIVE TARR said the choice of the word "reasonable" was
to allow flexibility for the types of communication available to
law enforcement around the state.
REPRESENTATIVE STORY recollected that one of the previous
testifiers had expressed a hope that the communication could
happen sooner than one year. She offered her understanding that
it would cost approximately $600,000 to "speed up the time."
REPRESENTATIVE TARR answered yes, but explained that amount also
covered funding for the database. She said the first priority
would be to use any funds available to shorten the timeline.
She indicated that the portion of the $600,000 allotted to the
timeline would be $440,000. She said it would be up to the
finance committees to determine the prioritization of funds.
She related that the Joyful Heart Foundation would like states
to reduce the time down to 30 days. That said, she noted that
the time used to be 18 months, so progress is being made and
must continue. She said she attended a banquet during National
Crime Victims Week, and she questions whether people are getting
the justice they deserve when they have to wait so long. She
stated, "I just don't know if there's the will of the
legislature to go to the six-month deadline this year."
REPRESENTATIVE STORY expressed appreciation to the bill sponsor
for continuing the effort to reduce the timeline and for
bringing forward SSHB 20.
REPRESENTATIVE TARR said unfortunately some individuals are
"serial sexual assaulters," and "when we don't move quickly, we
allow dangerous people to be out in our community potentially
committing more crimes."
4:15:23 PM
CO-CHAIR FIELDS moved to adopt Amendment 1 to Version G of SSHB
20, labeled 31-LS0253\G.1, Radford, 4/17/19, which read as
follows:
Page 1, line 14, through page 2, line 3:
Delete all material and insert:
"(3) the offender engages in sexual
penetration with another person
(A) who [THE OFFENDER KNOWS] is mentally
incapable; and
(B) who is in the offender's care"
Page 2, lines 7 - 8:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 2, lines 17 - 20:
Delete all material and insert:
"(2) the offender engages in sexual contact
with a person
(A) who [THE OFFENDER KNOWS] is mentally
incapable; and
(B) who is in the offender's care"
Page 2, lines 24 - 25:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 2, lines 29 - 30:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 3, lines 7 - 8:
Delete "when [WHO] the offender knows or
recklessly disregards that the person"
Insert "who [THE OFFENDER KNOWS]"
Page 4, line 16:
Delete "person"
Insert "victim"
4:15:35 PM
CO-CHAIR KREISS-TOMKINS announced that there being no objection,
Amendment 1 was adopted.
4:15:46 PM
CO-CHAIR FIELDS moved to report CSSSHB 20, Version 31-LS0253\G,
Radford, 3/21/19, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection CSSSHB 20(STA) was reported from the House State
Affairs Standing Committee.