Legislature(2025 - 2026)GRUENBERG 120
01/28/2026 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB24 | |
| HB20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 24 | TELECONFERENCED | |
| + | HB 20 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 24-AGGRAVATING FACTORS AT SENTENCING
1:03:12 PM
CHAIR GRAY announced that the first order of business would be
HOUSE BILL NO. 24, "An Act relating to aggravating factors
considered at sentencing."
1:03:43 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor, presented HB 24. He paraphrased the sponsor
statement [included in the committee file], 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.
1:07:48 PM
REPRESENTATIVE COSTELLO asked how aggravating factors are
addressed in the criminal system and whether multiple can be
selected.
REPRESENTATIVE JOSEPHSON said the prosecutor can choose as many
aggravators as they feel merit consideration by the jury.
CHAIR GRAY interpreted Representative Costello's question to ask
whether multiple aggravating factors could be added to account
for a person's religion, race, sexual orientation, for example,
if more than one applies.
REPRESENTATIVE JOSEPHSON answered yes, but it would be a "very
strange fact pattern," because the prosecutor would have to show
that each of these things applied. He shared an example in
reference to Wisconsin v. Mitchell.
1:10:23 PM
CHAIR GRAY opened public testimony on HB 24. After ascertaining
that no one wished to testify, he closed public testimony.
1:11:17 PM
REPRESENTATIVE JOSEPHSON said the bill stuck with him because
the crime was obviously motivated by hate based on the victim's
sexual orientation. He added that most people could not be
targeted in this way because they don't share that orientation.
He explained that the bill would be a tool that is used by 31
other states.
1:12:23 PM
CHAIR GRAY expressed his appreciation for the bill and said he
understands the need for it. He shared a personal anecdote and
opined an aggravating factor is appropriate for such crimes.
1:13:23 PM
REPRESENTATIVE KOPP stated that Alaska is making strides towards
protecting people who are attacked for being part of an
identifiable group. He said he intends to support HB 24.
1:14:13 PM
REPRESENTATIVE KOPP moved to report HB 24 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 24 was reported out of the House
Judiciary Standing Committee.