01/26/2022 01:30 PM House JUDICIARY

            HB  51-AGGRAVATING FACTORS AT SENTENCING                                                                        
                                                                                                                                
2:38:28 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE  BILL  NO. 51,  "An  Act  relating to  aggravating  factors                                                               
considered  at sentencing."   He  stated  that Legislative  Legal                                                               
Services  has  permission to  make  any  technical or  conforming                                                               
changes to the bill.                                                                                                            
                                                                                                                                
The committee took an at-ease from 2:41 to 2:43 p.m.                                                                            
                                                                                                                                
2:43:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  expressed   the   intention  to   offer                                                               
amendments to  HB 51 before  the committee in a  different order.                                                               
He cited  the Mason's Manual  of Legislative  Procedure, Sections                                                             
397, 155,  and 156, which dictate  the order and timing  in which                                                               
amendments could be considered.                                                                                                 
                                                                                                                                
2:46:14 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  offered  background   regarding  the  practice  of                                                               
considering   amendments   in   the  House   Judiciary   Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   EASTMAN  acknowledged   the   practice  of   the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR CLAMAN  stated that  no request for  a particular  order of                                                               
consideration of amendments had been made.                                                                                      
                                                                                                                                
2:48:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS expressed  that the amendments bore                                                               
sequential order assigned by Legislative Legal Services.                                                                        
                                                                                                                                
CHAIR    CLAMAN    confirmed   Representative    Kreiss-Tomkins's                                                               
observation as correct.                                                                                                         
                                                                                                                                
2:49:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN requested to move Amendment 7 to HB 51.                                                                  
                                                                                                                                
CHAIR CLAMAN  offered that Representative  Eastman could  move or                                                               
withdraw Amendments 1-6.                                                                                                        
                                                                                                                                
2:50:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to appeal  the ruling of  the chair                                                               
regarding the order in which amendments could be considered.                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Drummond, Snyder,                                                               
Kreiss-Tomkins,  and  Claman  voted  in favor  of  upholding  the                                                               
ruling of the  Chair.  Representatives Kurka,  Vance, and Eastman                                                               
voted against it.  Therefore, the  ruling of the Chair was upheld                                                               
by a vote of 4-3.                                                                                                               
                                                                                                                                
2:51:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved  Amendment 1 to HB  51, labeled, 32-                                                               
LS0325\A.1, Radford, 1/24/22, which read as follows:                                                                            
                                                                                                                                
     Page 1, line 3, through page 6, line 12:                                                                                   
          Delete all material and insert:                                                                                       
        "* Section 1. AS 12.55.155(c)(22) is repealed."                                                                     
                                                                                                                                
     Page 6, line 15:                                                                                                           
          Delete "AS 12.55.155(c), as amended by sec. 1 of                                                                      
     this Act,"                                                                                                                 
          Insert "The repeal of AS 12.55.155(c)(22) by sec.                                                                     
     1 of this Act"                                                                                                             
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS objected.                                                                                         
                                                                                                                                
REPRESENTATIVE EASTMAN  explained that  Amendment 1  would repeal                                                               
Section 1.                                                                                                                      
                                                                                                                                
2:53:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDY  JOSEPHSON,  Alaska  State  Legislature,  as                                                               
prime  sponsor  of HB  51,  expressed  strong opposition  to  the                                                               
proposed  amendment.   He  stated that,  if  adopted, a  scenario                                                               
could  occur  in which  an  individual  could intentionally  hurt                                                               
another who was  disabled, or because of  the individual's faith,                                                               
with  impunity.   He stated  that  only three  other states  have                                                               
similar legislation.                                                                                                            
                                                                                                                                
REPRESENTATIVE KURKA asked whether  the bill proposed aggravating                                                               
factors which  could increase sentencing  of certain  crimes, and                                                               
he  asked how  the crimes  described by  Representative Josephson                                                               
would be committed with impunity.                                                                                               
                                                                                                                                
REPRESENTATIVE JOSEPHSON answered that  a person could target one                                                               
of  the listed  cohorts  openly and  transparently,  and a  judge                                                               
would  be  obligated to  give  the  presumptive sentence,  unless                                                               
there exist other aggravators.                                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN asked whether  the proposed bill would not                                                               
criminalize new conduct.                                                                                                        
                                                                                                                                
REPRESENTATIVE   JOSEPHSON  answered   that  he   had  previously                                                               
testified that HB 51 would not criminalize new conduct.                                                                         
                                                                                                                                
REPRESENTATIVE EASTMAN expressed the  belief that "locking people                                                               
up for longer"  is not necessarily a solution,  and the amendment                                                               
supports this.  He withdrew Amendment 1.                                                                                        
                                                                                                                                
2:56:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved  Amendment 2 to HB  51, labeled, 32-                                                               
LS0325\A.2, Radford, 1/24/22, which read as follows:                                                                            
                                                                                                                                
     Page 4, line 7:                                                                                                            
          Delete "or national origin"                                                                                           
          Insert "[OR] national origin, or political                                                                        
     affiliation;    in     this    paragraph,    "political                                                                
     affiliation" includes  belonging to a  political party,                                                                
     endorsing a  political party, or attending  a political                                                                
     event"                                                                                                                 
                                                                                                                                
                                                                                                                                
REPRESENTATIVE SNYDER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  EASTMAN expressed  concern  that individuals  are                                                               
not  able to  freely express  political affiliations  and beliefs                                                               
without  retaliation.   He suggested  that political  affiliation                                                               
should be listed as a class protected against hate crimes.                                                                      
                                                                                                                                
REPRESENTATIVE  KURKA  referred  to  previous  testimony  by  Ms.                                                               
Willis  as   a  victim,  during  the   House  Judiciary  Standing                                                               
Committee meeting  on January  21, 2022.   He  questioned whether                                                               
the  victim's  political  activism  had been  the  basis  of  the                                                               
attack.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  JOSEPHSON explained  that three  separate violent                                                               
attacks  had   occurred  against   Ms.  Willis.     He  expressed                                                               
disagreement   with  the   suggestion   that   the  crimes   were                                                               
politically  motivated.    He  expressed  the  opinion  that  the                                                               
attacks  were a  result of  her planning  the Pride  in the  Park                                                               
event.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KURKA  expressed disagreement  with Representative                                                               
Josephson's characterization of the  crime being motivated by the                                                               
victim's  sexual  orientation,  rather  than  the  potential  for                                                               
political motivation.                                                                                                           
                                                                                                                                
3:00:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  whether a  crime could  be committed                                                               
against  individuals who  did not  identify  as a  member of  the                                                               
lesbian, gay, bisexual, and transexual  (LGBT) community, but who                                                               
had  participated  in  advocacy  and events  on  behalf  of  that                                                               
community.   She asked whether  there exists data  regarding such                                                               
individuals.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON expressed  the  understanding that  the                                                               
crime  committed against  Ms. Willis  had been  motivated by  her                                                               
sexual  orientation.    He  argued that  had  she  identified  as                                                               
straight, she may  not have suffered the attack.   He stated that                                                               
the law would not consider whether  an individual was a member of                                                               
the LGBT  community, only that  the perpetrator thought  that the                                                               
individual was.                                                                                                                 
                                                                                                                                
REPRESENTATIVE VANCE  asked whether Representative  Josephson was                                                               
familiar with  any crime committed  against someone based  on the                                                               
perception of the victim's sexual orientation.                                                                                  
                                                                                                                                
REPRESENTATIVE  JOSEPHSON commented  that, if  there is  evidence                                                               
the defendant  had knowledge of  the victim being  sympathetic to                                                               
the  civil rights  of an  LGBT member,  but the  victim is  not a                                                               
member of  the LGBT community,  then it would not  be categorized                                                               
as a  hate crime under  the proposed bill.   He added  that other                                                               
aggravating factors could be found to exist.                                                                                    
                                                                                                                                
3:04:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  offered that social  activists are  not necessarily                                                               
representing any political  party, but rather a  perspective on a                                                               
social issue.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KURKA  moved Conceptual  Amendment 1  to Amendment                                                               
2, such  that, beginning on  line 4, following each  reference to                                                               
the  word  "party" insert  the  words  "or ideology"  before  the                                                               
comma.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether  the conceptual  amendment                                                               
would  imply   an  endorsement   of  an   individual's  political                                                               
ideology.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KURKA revised Conceptual  Amendment 1 to Amendment                                                               
2, such that, beginning on  line 5 following "solely", the second                                                               
reference to the word "party"  and insert the words "or ideology"                                                               
before the comma.                                                                                                               
                                                                                                                                
REPRESENTATIVE  SNYDER  objected  to Conceptual  Amendment  1  to                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON stated that,  to his knowledge, the only                                                               
state  that  has  legislation protecting  political  ideology  is                                                               
Iowa.  He postulated that  the lack of other existing legislation                                                               
like this exists because there is no evidence of a problem.                                                                     
                                                                                                                                
3:10:12 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  cautioned that the language  endorsing "a political                                                               
party or ideology" could be interpreted  by the court as vague or                                                               
ambiguous, and this could lead to enforcement issues.                                                                           
                                                                                                                                
REPRESENTATIVE KURKA  shared a  personal story  of discrimination                                                               
he  experienced  because  of his  participation  in  a  political                                                               
rally.                                                                                                                          
                                                                                                                                
3:12:49 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Eastman, Kurka, and                                                               
Vance voted  in favor of  Conceptual Amendment 1 to  Amendment 2.                                                               
Representatives  Drummond,  Snyder,  Kreiss-Tomkins,  and  Claman                                                               
voted  against   it.    Therefore,  Conceptual   Amendment  1  to                                                               
Amendment 2 failed by a vote of 3-4.                                                                                            
                                                                                                                                
3:14:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA expressed his support for Amendment 2.                                                                     
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  suggested   that  the  experience                                                               
shared by  Representative Kurka had  not been an experience  of a                                                               
violent crime, and  he expressed his dismay at  the comparison of                                                               
the two experiences being discussed as similar.                                                                                 
                                                                                                                                
REPRESENTATIVE SNYDER concurred.                                                                                                
                                                                                                                                
CHAIR CLAMAN expressed opposition to Amendment 2.                                                                               
                                                                                                                                
REPRESENTATIVE EASTMAN expressed his dismay at the lack of data                                                                 
supporting the existence of political violence.  He suggested                                                                   
that it remains to be an important matter.                                                                                      
                                                                                                                                
3:17:02 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Eastman, Kurka, and                                                               
Vance voted  in favor  of Amendment  2.   Representatives Kreiss-                                                               
Tomkins,  Drummond,   Snyder,  and   Claman  voted   against  it.                                                               
Therefore, Amendment 2 failed by a vote of 3-4.                                                                                 
                                                                                                                                
[HB 51 was held over.]