Legislature(2023 - 2024)GRUENBERG 120
02/09/2024 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB161 | |
| HB67 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 9 | TELECONFERENCED | |
| += | HB 161 | TELECONFERENCED | |
| += | HB 97 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 67 | TELECONFERENCED | |
HB 67-HARASSMENT; SEX OFFENDERS & OFFENSES
1:51:18 PM
CHAIR VANCE announced that the final 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."
[Before the committee was HB 67, as amended on 2/5/24.]
1:51:52 PM
REPRESENTATIVE GRAY moved to adopt Amendment 3 to HB 67, labeled
33-GH1031\A.14, C. Radford, 2/5/24, which read:
Page 1, line 1, following "stalking;":
Insert "relating to sexual abuse of a minor;"
Page 2, line 2:
Delete "sec. 12"
Insert "sec. 15"
Page 2, following line 28:
Insert new bill sections to read:
"* Sec. 3. AS 11.41.434(a) is amended to read:
(a) An offender commits the crime of sexual
abuse of a minor in the first degree if
(1) being 16 years of age or older, the
offender engages in sexual penetration with a person
who is under 13 years of age or aids, induces, causes,
or encourages a person who is under 13 years of age to
engage in sexual penetration with another person;
(2) being 18 years of age or older, the
offender engages in sexual penetration with a person
who is under 18 years of age, and the offender is the
victim's natural parent, stepparent, adopted parent,
or legal guardian; or
(3) being 18 years of age or older, the
offender engages in sexual penetration with a person
who is under 18 [16] years of age, and
(A) the victim at the time of the offense
is residing in the same household as the offender and
the offender has authority over the victim; or
(B) the offender occupies a position of
authority in relation to the victim.
* Sec. 4. AS 11.41.436(a) is amended to read:
(a) An offender commits the crime of sexual
abuse of a minor in the second degree if,
(1) being 17 years of age or older, the
offender engages in sexual penetration with a person
who is 13, 14, [OR] 15, 16, or 17 years of age and at
least four years younger than the offender, or aids,
induces, causes, or encourages a person who is 13, 14,
[OR] 15, 16, or 17 years of age and at least four
years younger than the offender to engage in sexual
penetration with another person;
(2) being 16 years of age or older, the
offender engages in sexual contact with a person who
is under 13 years of age or aids, induces, causes, or
encourages a person under 13 years of age to engage in
sexual contact with another person;
(3) being 18 years of age or older, the
offender engages in sexual contact with a person who
is under 18 years of age, and the offender is the
victim's natural parent, stepparent, adopted parent,
or legal guardian;
(4) being 16 years of age or older, the
offender aids, induces, causes, or encourages a person
who is under 16 years of age to engage in conduct
described in AS 11.41.455(a)(2) - (6);
(5) being 18 years of age or older, the
offender engages in sexual contact with a person who
is under 18 [16] years of age, and
(A) the victim at the time of the offense
is residing in the same household as the offender and
the offender has authority over the victim; or
(B) the offender occupies a position of
authority in relation to the victim;
(6) being 18 years of age or older, the
offender engages in sexual penetration with a person
who is 16 or 17 years of age and at least three years
younger than the offender, and the offender occupies a
position of authority in relation to the victim; or
(7) being under 16 years of age, the
offender engages in sexual penetration with a person
who is under 13 years of age and at least three years
younger than the offender.
* Sec. 5. AS 11.41.438(a) is amended to read:
(a) An offender commits the crime of sexual
abuse of a minor in the third degree if being 17 years
of age or older, the offender engages in sexual
contact with a person who is 13, 14, [OR] 15, 16, or
17 years of age and at least four years younger than
the offender."
Renumber the following bill sections accordingly.
Page 12, line 29:
Delete all material and insert:
"* Sec. 16. AS 11.41.436(a)(6), 11.41.440(a)(2);
AS 12.40.110; and AS 12.63.100(7)(C)(ii) are
repealed."
Page 13, line 1, following "Act,":
Insert "AS 11.41.434(a), as amended by sec. 3 of
this Act, AS 11.41.436(a), as amended by sec. 4 of
this Act, AS 11.41.438(a), as amended by sec. 5 of
this Act,"
Page 13, line 2:
Delete "sec. 3"
Insert "sec. 6"
Page 13, lines 2 - 3:
Delete "sec. 9"
Insert "sec. 12"
Page 13, line 5:
Delete "sec. 4"
Insert "sec. 7"
Delete "sec. 5"
Insert "sec. 8"
Page 13, line 6:
Delete "sec. 6"
Insert "sec. 9"
Page 13, line 9:
Delete "sec. 7"
Insert "sec. 10"
Page 13, line 13:
Delete "sec. 7"
Insert "sec. 10"
Page 13, line 16:
Delete "sec. 8"
Insert "sec. 11"
Page 13, line 18:
Delete "sec. 12"
Insert "sec. 15"
Page 13, line 24:
Delete "sec. 12" in both places
Insert "sec. 15" in both places
REPRESENTATIVE C. JOHNSON objected.
1:52:01 PM
REPRESENTATIVE GRAY explained that Amendment 3 would raise the
age of consent for sexual activity in Alaska from age 16 to age
18. Because the age of consent is 16, he said, 16-year-olds are
currently treated the same as 35-year-olds if assaulted,
undergoing questioning by law enforcement and an invasive pelvic
exam to determine consent. He asserted that the proposed
amendment would afford 16-year-olds the same protections as any
other minor and protect Alaska's youth.
1:54:32 PM
REPRESENTATIVE ALLARD asked whether the legal age of marriage is
16.
1:55:09 PM
ROBERT FRENCH, Lieutenant, Alaska State Troopers, did not know
the answer.
1:55:21 PM
The committee took a brief at-ease.
1:56:15 PM
KACI SCHROEDER, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), said, as a
criminal attorney, she did not know the legal age of marriage in
Alaska; nonetheless, under the sexual abuse of a minor statutes,
it is an affirmative defense if the person was married to the
offender at the time of the offense.
1:56:57 PM
The committee took a brief at-ease.
1:56:59 PM
REPRESENTATIVE ALLARD requested the legal definition of "minor"
in the state of Alaska.
MS. SCHROEDER said she did not know whether "minor" is defined
in statute. Generally, the terms "minor" and "juvenile" are
used interchangeably in reference to someone under the age of
18.
1:58:03 PM
REPRESENTATIVE GROH shared his understanding that to be married
in Alaska, a person must be 18 without parental consent or 16
with parental consent. He inquired about the "Romeo and Juliet
exception" and how that would be impacted by the proposed
legislation.
MS. SCHROEDER said, if by "Romeo and Juliet," Representative
Groh was referring to a sexual relationship involving people who
are close in age, the current sexual abuse of a minor statutes
account for that by prescribing age difference and various
circumstances. She referred to page 2, lines 6-10 of Amendment
3, noting that the victim must be at least four years younger
than the offender.
REPRESENTATIVE GROH asked whether there is an exception under
current law for an 18-year-old to have sexual penetration with a
14-year-old.
MS. SCHROEDER said, under current law, the person must be 17
years of age or older and the victim must be 13, 14, or 15;
additionally, there must be a four-year age difference. In
response to follow up questions, she confirmed that if there is
more than a four-year age difference [at the time of the
offense], then it can be prosecuted. Should the Amendment pass,
she explained that "the age is moved up," making it so the
suspect must be 17 years of age or older and the victim must be
13, 14, 15, 16, or 17 and there would need to be a four-year age
difference.
2:03:09 PM
REPRESENTATIVE ALLARD asked whether the department viewed
Amendment 3 as a "good amendment" or whether it would create
unintended consequences.
2:03:37 PM
KEMP ANGIE, Director, Criminal Division, Department of Law
(DOL), said DOL was neutral on the proposed amendment.
REPRESENTATIVE ALLARD asked what the [amendment] would do and
what it would not do.
MS. KEMP stated that the amendment would capture more victims.
Under current law, she explained that the state cannot charge
sexual abuse of a minor in the second degree if the victim is 16
years old and the suspect is 20 years old. Amendment 3 would
expand the scope of coverage to include 16 and 17-year-olds.
She noted that proof of the four-year age gap would still be
required, in addition to proof of sexual penetration and any
additional elements.
2:05:58 PM
REPRESENTATIVE GROH asked whether the age difference is
calculated by year or by day.
MS. KEMP indicated that it is calculated to the day.
2:07:58 PM
REPRESENTATIVE SUMNER asked what would happen if there is an
intervening leap year.
MS. KEMP stated that it would require calculus on behalf of the
department to ensure that the element is met beyond a reasonable
doubt.
2:09:00 PM
REPRESENTATIVE ALLARD considered a hypothetical scenario in
which a 17-year-old [engages in sexual penetration] with a 21-
year-old and asked whether the 21-year-old could go to jail.
MS. KEMP answered yes.
2:10:07 PM
CHAIR VANCE asked how Amendment 3 would impact DOL.
MS. KEMP conveyed that it was hard to measure the impact. The
best measurement, she said, is grounded primarily in predictions
for HB 325 about how changing the definition of sexual assault
and "without consent" language may increase the caseload. She
shared her belief that there would be a fiscal cost to the
department associated with HB 67.
2:14:25 PM
CHAIR VANCE asked how Amendment 3 would impact the Department of
Public Safety (DPS).
2:14:55 PM
LISA PURINTON, Director, Division of Statewide Services,
(Department of Public Safety), said the proposed amendment would
increase the department's workload. The widened scope of
criminal behavior would result in more investigations and
therefore, a fiscal cost to DPS.
2:16:59 PM
REPRESENTATIVE ALLARD expressed concern that the bill would be
challenging for emancipated 16-year-olds or kids that go to
college at an early age. She asked for verification that a
different law would pertain to minors versus someone not
considered a minor in that instance.
MS. PURINTON deferred to DOL.
2:18:30 PM
CHAIR VANCE asked why this area of law was not included in the
consent bill, House Bill 325.
MS. PURINTON did not know the answer. In response to a follow
up question, she reported that the fiscal note for House Bill
325 accounted for seven new investigators.
2:20:06 PM
REPRESENTATIVE GRAY emphasized that older kids often pray upon
16- and 17-year-olds lack of maturity and standing. He added
that 16- and 17-year-olds are inherently more vulnerable to
human trafficking than adults. He remarked, "I can't imagine
that we're going to try to balance our budget and have a more
balanced budget by not going after criminals, by not making this
a crime, by not trying to enforce what I believe is best for
minors." Experts in the field believe that raising the age of
consent would be the "biggest bang for [Alaska's] buck" in terms
of sexual assault and preventing sex trafficking, he added. He
opined that Amendment 3 would stop crimes and help people.
2:23:11 PM
The committee took a brief at-ease.
2:23:18 PM
CHAIR VANCE invited final comments on Amendment 3.
REPRESENTATIVE C. JOHNSON stated that he whole-heartedly
supported the concept of Amendment 3 and did not want to
encourage crime; however, there's a lot that's unknown. In
light of the lack of knowledge, he said it was tough to vote for
the proposed amendment.
2:32:50 PM
The committee took a brief at-ease.
2:32:58 PM
REPRESENTATIVE GRAY, in wrap up, shared his understanding that
the fiscal note was $3 million for seven staff members. He said
he would keep note that [$3 million] is too much to protect
Alaska's young people.
CHAIR VANCE said she believed that Representative Gray had
mischaracterized the members' comments.
2:34:02 PM
A roll call vote was taken. Representatives Gray and Groh voted
in favor of Amendment 3. Representatives Carpenter, C. Johnson,
Sumner, Allard, and Vance voted against it. Therefore,
Amendment 3 failed by a vote of 2-5.
2:34:48 PM
CHAIR VANCE announced that HB 67 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 9 - Sponsor Statement.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - v.B.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Sectional Analysis.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Summary of Changes.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - UA-SS Fiscal Note (02-02-24).pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Support UNAC.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |
| CSHB 9 - Support Faculty Alliance.pdf |
HJUD 2/9/2024 1:30:00 PM |
HB 9 |