Legislature(2023 - 2024)GRUENBERG 120
02/05/2024 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB67 | |
| HB97 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 67 | TELECONFERENCED | |
| + | HB 97 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 67-HARASSMENT; SEX OFFENDERS & OFFENSES
1:33:38 PM
CHAIR VANCE announced that the first 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."
1:34:08 PM
ANGIE KEMP, Director, Criminal Division, Department of Law
(DOL), on behalf of the House Rules Standing Committee, sponsor
by request of the governor, gave an overview of HB 67. She
paraphrased the document, titled "Domestic Violence/Sex Offenses
Highlights" [included in the committee packet], which read as
follows [original punctuation provided]:
• Decreases trauma of the justice system to victims
and witnesses at Grand Jury and streamlines the
process: allow key witnesses, typically the officer in
the case, to summarize the testimony of other
witnesses.
o Makes System Less Traumatizing to Victims: Reduces
the trauma to the victim who would otherwise have to
physically appear at the grand jury, sometimes mere
days after being victimized, and re-tell their
experience.
o Makes The Process More Efficient: will also assist
with the backlog created when grand juries were
suspended due to COVID-19.
? More than 30 other jurisdictions allow similar
process.
? The rules of evidence still apply at trial,
therefore, witnesses would need to be available
for trial.
• Updates Alaska's sex offender registration
o Prevents out-of-state convicted sex offenders from
avoiding registration requirements: will require sex
offenders to register in Alaska if they are required
to register in the convicting state.
? Out of state offenders seek out Alaska to avoid
registration requirements.
? Alaska will no longer be seen as a haven for
sex offenders to avoid registration.
o Additional information to the Department of Public
Safety: aligns Alaska's sex offender registration more
closely with the federal registration by requiring sex
offenders to provide the Department of Public Safety
with additional information (travel plans,
professional licensing information, temporary lodging
information, and passport information). Such
information is important to better monitor these
offenders.
Updates Stalking in the first degree.
o Makes stalking, while the victim has a stalking
protective order, the crime of stalking in the first
degree.
? Currently a violation of a stalking protective
order would only be covered under stalking in the
second degree (a misdemeanor).
o Stalking in the first degree already includes
violations of other protective orders like domestic
violence protective orders.
• Protects children.
o Allows qualified individuals to interview children
under 13 who engage in sexual acts together.
? Allows children access to age-appropriate
services. ? Will assist in the understanding of
why children under 13 have engaged in sexual
behavior.
? Protects potential victims and curbs potential
future sexual misconduct.
• Consecutive sentencing for repeat violating
conditions of release convictions.
o This bill requires some additional jail time be
imposed for each conviction for the crime of violation
of conditions of release.
? Defendants often repeatedly violate their
conditions of release, resulting in multiple
charges of "violation of conditions of release."
This provision requires some additional time be
imposed for each offense.
? Expands the definition of domestic violence and
a crime of domestic violence.
o Expands the list of crimes to include:
? Interfering with a report of a crime involving
domestic violence; and
? Unlawful contact.
1:40:25 PM
MS. KEMP described how a case proceeds through the 18-member
grand jury. She explained that when an arrest is made, the
prosecutor is obligated to present the case to grand jury within
10 days. The evidence presented must establish probable cause.
She shared an anecdotal example involving a 14-year-old girl who
was violently raped, and within seven days of the offense,
required to testify before the grand jury and relive the most
traumatic moment of her life. She said the proposed legislation
was designed to reduce unnecessary stress and revictimization.
She further noted that the level of proof required at a grand
jury presentation in Alaska surpasses that of 30 other states.
By allowing a witness to summarize admissible testimony, she
believed that the bill would go a long way in preserving due
process of the defendant and drawing a healthier balance between
the victim and witness's rights.
1:45:34 PM
CHAIR VANCE sought questions from committee members.
1:46:05 PM
REPRESENTATIVE GRAY asked whether the bill would make Alaska
consistent with other states.
MS. KEMP replied that there are different gradations [of hearsay
laws] in other states.
REPRESENTATIVE GRAY asked Ms. Kemp to provide a list of the
states that this law would emulate.
MS. KEMP offered to follow up with the requested information.
1:47:50 PM
REPRESENTATIVE C. JOHNSON asked whether the requirement that a
witness must appear in person is provided in statute or court
rules.
MS. KEMP answered court rules, not statute.
REPRESENTATIVE C. JOHNSON said it seemed as though court rules
were writing statute in this instance.
1:49:04 PM
REPRESENTATIVE CARPENTER asked for verification that court rules
were guiding the state's hearsay policy.
MS. KEMP answered yes.
REPRESENTATIVE CARPENTER asked whether the court was limiting
the information that can be presented to the grand jury or
limiting what can be used in an indictment.
MS. KEMP said both. The rule prevents the use of hearsay unless
there is an exception to court rules or a compelling
justification to introduce it.
REPRESENTATIVE CARPENTER sought to confirm that the grand jury
had a constitutional obligation to investigate crime and the
court rules were preventing certain information being presented
to the grand jury.
1:51:53 PM
REPRESENTATIVE GROH asked whether Ms. Kemp would agree that in
fashioning the court rules, the court system was trying to
follow various court decisions and constitutional doctrines.
MS. KEMP answered yes, the court system was charged with
evaluating intent and assessing against constitutional
requirements.
1:53:26 PM
CHAIR VANCE opened public testimony on HB 67.
1:53:46 PM
ERIN WALKER-TOLLES, Executive Director, Catholic Community
Services, testified in support of HB 67. She expressed support
for HB 67 and its focus on avoiding the re-traumatization
children and victims of sexual assault; specifically, the
provision that would preclude children from testifying in front
of the grand jury.
1:55:47 PM
KATI COPOZZI, representing self, testified in support of HB 67.
Specifically, she said she supported the provision that would
preclude victims from testifying in front of the grand jury to
answer questions about the crime they were victimized by.
1:57:51 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, testified in support of HB 67. She
anecdotally reported on the impact of the grand jury,
specifically on victims, and the hurtle it presents in moving
cases forward. She encouraged the committee to pass the bill.
2:00:17 PM
KEELEY OLSON, Executive Director, Standing Together Against
Rape, testified in support of HB 67. She expressed support for
the provision that would preclude victims from testifying in
front of the grand jury. She highlighted the difficulty it
presents when victims are transient and difficult to find a
hurtle that is often taken advantage of by offenders.
2:03:08 PM
STACI YATES, Director of Human Trafficking Recovery Services, My
House, testified in support of HB 67. She said Alaska's
criminal justice system is in desperate need of reform because
it revictimizes and retraumatizes victims who have suffered
enough. She characterized the requirement to testify before
grand jury as cruel and inhumane.
2:05:24 PM
BETTY JO MOORE, representing self, testified in support of HB 67
with proposed edits. She suggested that the bill should address
Alaska Court Rules 303, 403, 404, 801, and 803. She referenced
Supreme Court Order (SCO) 1993 [Amending Criminal Rule 6 and
Criminal Rule 6.1 concerning grand jury], and AS 12.40.030 in
addition to hearsay.
2:07:48 PM
ADRIENNE BERGONZINI, representing self, testified in support of
HB 67, as a concerned mother who endured losing a child to a
human trafficker.
2:08:44 PM
THOMAS GARBER, representing self, testified during the hearing
on HB 67. He referenced SCO 1993, indicating that it was
"infringing some information from coming before a grand jury
outside of the prosecutor's realm."
2:09:25 PM
CORELLA BAGGEN, representing self, testified in support of HB
67. She shared a personal anecdote involving the brutal
torture, rape, and murder of her sister by a transient
individual. She urged the legislature to help protect Alaska's
innocent and victimized by closing the loophole in current law
that makes the state a place where sex offenders can avoid
registration. She opined that the bill would do more to support
victims than any other action the legislature could take.
2:11:08 PM
ED MARTIN, representing self, testified in support of HB 67 with
amendments to the provision regarding admissible evidence. He
said he firmly supported the portion related to the sex offender
registry and stalking; however, he opined that a prosecuting
attorney needs more than "belief," and that evidence should be
brought before the grand jury.
2:13:45 PM
JESSICA VAUDREUIL, representing self, testified during the
hearing on HB 67. Shared a personal anecdote about a registered
sex offender in her community, asserting that the state was not
letting him move on after serving his time.
2:16:33 PM
SUKI MILLER, Executive Director, Victims for Justice, testified
in support of HB 67. Specifically, she expressed support for
the provision that would repeal the court rule requiring victims
from to testify in front of the grand jury. She said the bill
would greatly reduce the stress and trauma Alaska crime victims
are forced to experience, while making the criminal justice
system more compassionate, fair, rational, and efficient.
CHAIR VANCE closed public testimony on HB 67.
2:18:26 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 1 to HB 67,
labeled 33-GH1031\A.11, C. Radford, 2/3/24, which read:
Page 2, line 2:
Delete "sec. 12"
Insert "sec. 13"
Page 2, following line 28:
Insert a new bill section to read:
"* Sec. 3. AS 12.45.045(a) is amended to read:
(a) In prosecutions for the crimes of sexual
assault in any degree, sexual abuse of a minor in any
degree, unlawful exploitation of a minor, sex
trafficking in any degree, or an attempt to commit any
of these crimes, evidence of the sexual conduct of the
complaining witness, occurring either before or after
the offense charged, may not be admitted nor may
reference be made to it in the presence of the jury
except as provided in this section. When the defendant
seeks to admit the evidence for any purpose, the
defendant shall apply for an order of the court not
later than five days before trial or at a later time
as the court may, for good cause, permit. The
defendant may, for good cause shown, apply for an
order during trial if the request is based on
information learned after the deadline or during the
trial. After the application is made, the court shall
conduct a hearing in camera to determine the
admissibility of the evidence. If the court finds that
evidence offered by the defendant regarding the sexual
conduct of the complaining witness is relevant, and
that the probative value of the evidence offered is
not outweighed by the probability that its admission
will create undue prejudice, confusion of the issues,
or unwarranted invasion of the privacy of the
complaining witness, the court shall make an order
stating what evidence may be introduced and the nature
of the questions that may be permitted. The defendant
may then offer evidence under the order of the court."
Renumber the following bill sections accordingly.
Page 8, line 12:
Delete "20"
Insert "21 [20]"
Page 9, line 16:
Delete "20"
Insert "21 [20]"
Page 13, line 2:
Delete "sec. 3"
Insert "sec. 4"
Page 13, lines 2 - 3:
Delete "sec. 9"
Insert "sec. 10"
Page 13, line 5:
Delete "sec. 4"
Insert "sec. 5"
Delete "sec. 5"
Insert "sec. 6"
Page 13, line 6:
Delete "sec. 6"
Insert "sec. 7"
Page 13, line 9:
Delete "sec. 7"
Insert "sec. 8"
Page 13, line 13:
Delete "sec. 7"
Insert "sec. 8"
Page 13, line 16:
Delete "sec. 8"
Insert "sec. 9"
Page 13, line 18:
Delete "sec. 12"
Insert "sec. 13"
Page 13, line 24:
Delete "sec. 12" in both places
Insert "sec. 13" in both places
Page 13, line 26:
Delete "2023"
Insert "2024"
CHAIR VANCE objected for the purpose of discussion.
2:18:46 PM
ROBERT BALLINGER, Staff, Representative Sarah Vance, Alaska
State Legislature, on behalf of Representative Vance, explained
that Amendment 1 would add sex trafficking to the list of crimes
included in the rape shield law. It would also change the age
from 20 to 21 for the designation of a sex crime on page 8 and
9, in addition to changing the effective date.
2:20:34 PM
REPRESENTATIVE GRAY questioned the change in age from 20 to 21.
MR. BALLINGER directed attention to page 8, line 12 of the bill,
and explained that should the amendment pass, inducing or
causing a person under the age of 21 to engage in prostitution
would qualify as a sex offense.
CHAIR VANCE removed her objection. There being no further
objection, Amendment 1 was adopted. She announced that HB 67
would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 67 - Transmittal Letter.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 67 |
| HB 67 - Sectional Analysis.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 67 |
| HB 67 - Highlights.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 67 |
| HB 67 - Fiscal Notes (1-6) (2024).pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 67 |
| HB 97 - Sponsor Statement.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - v.S.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - Sectional Analysis v.S.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - Explanation of Changes v.B to v.S.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - AK Lien Law Presentation.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - California Codes.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - GlobalFCU Letter Concerns.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - RCW 19.150.060.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 97 - Fiscal Note-OMB.pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 97 |
| HB 67 - Amendment #1 (A.11).pdf |
HJUD 2/5/2024 1:30:00 PM |
HB 67 |