Legislature(2025 - 2026)
05/15/2025 01:00 PM House JUD
| Audio | Topic |
|---|---|
| Start | |
| HB64 | |
| HB136 | |
| HB24 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 24-AGGRAVATING FACTORS AT SENTENCING
3:38:07 PM
CHAIR GRAY announced that the final order of business would be
HOUSE BILL NO. 24, "An Act relating to aggravating factors
considered at sentencing."
3:38:28 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor, presented HB 24. He paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
In Alaska today, prosecutors may seek additional
sentencing for crimes motivated by bias, if the
perpetrator's action was targeted because of the
victim's race, sex, color, creed, physical or mental
disability, ancestry, or national origin. These crimes
are typically known as 'hate crimes,' as they would
likely not occur if it were not for the hatred of the
perpetrator towards members of a specific group or
class of people. HB 24 would add 'sexual orientation
or gender identity' to this list.
Before an act is deemed a hate crime, the defendant
must first be tried and convicted of a crime. It is
only during the sentencing phase of the criminal
process that these aggravating factors may come into
play, and only if the crime can be shown to be
motivated by bias against a particular class or group.
Currently, 47 states plus the District of Columbia
allow for sentence enhancement when the defendant has
been convicted of a hate crime. Of these statutes, 34
include sexual orientation as an aggravating factor,
and 24 include gender identity.
Tammie Willis is a vocal LGBTQ+ activist from
Sterling. In November 2019, while organizing an annual
Pride event, she found a threatening note containing
homophobic slurs on her car. Roughly a week later, a
large rock was thrown at her car while she drove to
work. On December 9, she was attacked in her home by
an knife-wielding assailant. She received dozens of
stitches, bruising on her arms, legs, and stomach, and
a concussion. These attacks occurred within days of
announcements touting Pride in the Park planning
meetings. It is clear that Mrs. Willis was targeted
because of her LGBTQ identity and advocacy.
Amending AS 12.55.155(c) to include 'sexual
orientation or gender identity' would not reverse the
attack Ms. Willis suffered. However, it would send a
powerful message that Alaska rejects crime motivated
by hate, and that we as a state are willing to punish
it accordingly. As Alaskans and Americans, we have a
constitutional right to be and express ourselves. We
must support crime victims who are targeted for
exercising these rights, and I urge you to join me in
supporting HB 24 to do just that.
3:46:26 PM
TAMMIE WILLIS, representing self, provided invited testimony
during the hearing on HB 24 and shared her story. In October
2019, she received a death threat for her involvement in a pride
event in Soldotna and her LGBTQ identity. Later, when driving
to Kenai Peninsula College a rock was thrown through her car
window with "dyke" written on it. The third incident occurred
in December when she was physically attacked in her home
resulting in four lacerations on her arm and stitches in her
chest from a knife wound. For safety purposes she was forced to
leave her home and quit her job, all while continuing to receive
death threats throughout this time. She shared her belief that
if this had been "on the record," the Alaska State Troopers and
Soldotna Police would have taken the case more seriously and
investigated it as a hate crime, rather than dismissing it and
brushing her off. When the Federal Bureau of Investigation
(FBI) got involved, the cases had been closed and evidence lost.
She spoke to the impact of this crime and the importance of the
bill.
3:51:29 PM
KAREN LOEFFLER, representing self, provided invited testimony
during the hearing on HB 24 and informed the committee that she
had been a federal prosecutor in Alaska for 30 years. She spoke
to the danger of a perpetrator who attacks someone because of
their status or who they are due to the likelihood of continued
criminal activity. In addition, she emphasized the
vulnerability of individuals who don't have the ability to
protect themselves, because who they are is an inherent risk to
their safety. She stated the importance of acknowledging these
situations in law, protecting the public, and addressing the
dangerousness of the perpetrators.
3:53:48 PM
REPRESENTATIVE JOSEPHSON summarized a PowerPoint presentation on
HB 24 [hard copy included in the committee packet], beginning on
slide 2, which explained that HB 24 amends aggravators under AS
12.55.155(c)(22). Slide 3 indicated that aggravating factors
are considered during sentencing. Slide 4 discussed aggravating
factors in sentencing. Slide 5 explained why aggravating
factors are used in hate crimes. Slide 6 showed data on
national hate crime victims based on sexual orientation or
gender identity. Slide 7 showed hate crime laws nationwide.
Slide 8 indicated that among all 50 states, Alaska is "middle of
the pack" for hate crimes rates. Slide 9 spoke to an increase
in anti-LGBTQ attacks, per an FBI hate crimes report. Slide 10
highlighted nationwide hate crime legislation. Slide 11 said
Alaska illustrated that the state is not immune.
3:57:34 PM
[HB 24 was held over.]
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