Legislature(2023 - 2024)GRUENBERG 120
04/19/2023 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 68 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 68-CRIME OF SEX/HUMAN TRAFFICKING
4:08:35 PM
CHAIR VANCE announced that the only order of business would be
HOUSE BILL NO. 68, "An Act relating to sex trafficking;
establishing the crime of patron of a victim of sex trafficking;
relating to the crime of human trafficking; relating to
prostitution; relating to sentencing for sex trafficking, patron
of a victim of sex trafficking, and human trafficking;
establishing the process for vacating judgments for certain
convictions of prostitution and misconduct involving a
controlled substance; relating to the Council on Domestic
Violence and Sexual Assault; relating to permanent fund
dividends for certain individuals whose convictions are vacated;
and providing for an effective date." [Before the committee,
adopted as the work draft on 04/12/23, was the proposed
committee substitute (CS) for HB 68, Version 33-GH1029\S,
Radford, 4/11/23, ("Version S").]
4:09:04 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 1 to HB 68,
Version S, labeled 33-GH1029\S.1, Radford, 4/1/23, which read:
Page 7, line 19:
Delete all material.
Page 7, line 20:
Delete "Sec. 11.66.108. Persons exempt from
prosecution."
Insert "(b)"
Page 7, line 21:
Delete "AS 11.66.101 - 11.66.106"
Insert "this section"
Page 8, line 23:
Delete "(a)(1)"
Insert "(a)"
Page 8, following line 26:
Insert a new subsection to read:
"(c) Prostitution in the fourth degree is a
class B misdemeanor."
Page 9, following line 3:
Insert new bill sections to read:
"* Sec. 14. AS 11.66.150(2) is amended to read:
(2) "place of prostitution" means any place
where a person, other than a proprietor of the place,
engages in sexual conduct in return for a fee;
* Sec. 15. AS 11.66.150 is amended by adding a new
paragraph to read:
(5) "fee" does not include payment for
reasonably apportioned shared expenses of a
residence."
Renumber the following bill sections accordingly.
Page 11, lines 2 - 3:
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Page 11, lines 6 - 7:
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Page 11, lines 13 - 14:
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Page 21, line 9, following "AS 12.63.100":
Insert "and includes a crime, or an attempt,
solicitation, or conspiracy to commit a crime, under
AS 11.41.440(a)(1)"
Page 32, line 30:
Delete "11.66.150"
Insert "11.66.150(1)"
Page 33, line 12:
Delete "AS 11.66.101 - 11.66.108"
Insert "AS 11.66.101 - 11.66.106"
Page 33, following line 14:
Insert new paragraphs to read:
"(11) AS 11.66.150(2), as amended by sec.
14 of this Act;
(12) AS 11.66.150(5), enacted by sec. 15 of
this Act;"
Renumber the following paragraphs accordingly.
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Page 34, lines 24 - 29:
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Renumber the following bill sections accordingly.
Page 34, line 30:
Delete "Sections 35 and 47"
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Page 34, line 31:
Delete "sec. 60"
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REPRESENTATIVE EASTMAN objected for the purpose of discussion.
4:09:16 PM
CHAIR VANCE invited Ms. Schroeder to speak to Amendment 1.
4:09:37 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), explained that Amendment 1 cleaned up a
cross-reference error on page 8 of the bill and moved the
definition of "place of prostitution" into a new prostitution
series under the definition section of AS 11.66.
4:11:59 PM
The committee took a brief at-ease.
4:12:29 PM
MS. SCHROEDER resumed the explanation of Amendment 1, explaining
that the proposed amendment would conform the definitions of
"sex offense" to match; clean up the repealer section; amend the
cross-references to the prostitution statutes to correct a
drafting error; incorporate the definitions sections for the
prostitution series of offenses in the applicability section;
amend the sections citations in the applicability section; and
delete unnecessary material on page 34 of the bill.
4:14:59 PM
REPRESENTATIVE GRAY directed attention to page 1, lines 4-6 of
Amendment 1, and sought to confirm that people would still be
exempt from prosecution.
MS. SCHROEDER confirmed that the exemption language was being
moved to a different subsection.
4:15:41 PM
REPRESENTATIVE EASTMAN asked which changes in Amendment 1 were
substantive. Additionally, he asked why the "place of
prostitution" definition was being changed.
MS. SCHROEDER assured the committee that the language in its
entirety reflected the intent of the bill. She added that in
order to maintain the intent and amend current law, the language
[in Amendment 1] was bolded and underlined.
REPRESENTATIVE EASTMAN asked Ms. Schroeder to highlight the
substantive changes in Amendment 1.
MS. SCHROEDER stated that all changes in Amendment 1 were
drafting and cleanup changes.
4:16:54 PM
REPRESENTATIVE GRAY inquired about the language "other than a
proprietor of the place" in the definition of "place of
prostitution."
MS. SCHROEDER explained that if a sex worker was operating out
of his/her apartment, the apartment would not qualify as a place
of prostitution.
4:17:48 PM
REPRESENTATIVE EASTMAN contended that the definition of "place
of prostitution" did not appear to exclude one's apartment. He
sought further clarification.
MS. SCHROEDER read the definition, reiterating that a residence
would not be considered a place of prostitution if it was owned
by the resident or residents.
REPRESENTATIVE EASTMAN sought to confirm that a vehicle would be
a place of prostitution if someone other than the owner of the
vehicle was engaging in sexual conduct [inside the vehicle].
MS. SCHROEDER confirmed; however, she clarified that if a person
were to loan his/her vehicle out without any reason to expect
sexual conduct to occur, that individual would not be subject to
prosecution.
4:20:12 PM
REPRESENTATIVE EASTMAN removed his objection. There being no
further objection, Amendment 1 to HB 68, Version S, was adopted.
4:20:34 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 2 to HB 68,
Version S, as amended, labeled 33-GH1029\S.2, Radford, 4/15/23,
which read:
Page 5, lines 12 - 16:
Delete all material.
REPRESENTATIVE EASTMAN objected for the purpose of discussion.
4:20:47 PM
MS. SCHROEDER explained that Amendment 2 deleted the language on
page 5, lines 12-16, related to corroboration of certain
testimony. She expounded, providing the historical context of
required corroboration of a sex worker's testimony. She
clarified that under current law, corroboration was generally
not required with the exception of accomplice testimony. If the
committee were to adopt Amendment 2, she said, it was not the
committee's intent to revert back to the law when Johnson v.
State was decided.
4:24:22 PM
REPRESENTATIVE GRAY sought to verify that the language being
deleted was duplicative, as the law had already been changed and
corroboration was not required. He asked why removing the
duplicative language could imply a desire to revert back to the
previous law.
MS. SCHROEDER said, "Sometimes, when the legislature makes
changes to the law, the court thinks that the legislature
intended to make a change." For that reason, she said she
wanted to make it clear that the intent was to remove
duplicative language, as opposed to changing the law.
4:25:55 PM
REPRESENTATIVE GRAY inquired about the harm of leaving the
language intact.
MS. SCHROEDER responded that there was no harm other than
causing for questions and distraction.
CHAIR VANCE shared her understanding that this particular
statute had caused confusion because it was applicable in other
sections of law.
MS. SCHROEDER clarified that, as drafted, the provision was only
applicable to sex trafficking statutes; nonetheless, she
characterized the language as unusual. She reiterated that DOL
would take no issue if the legislature decided to remove the
language; however, she wanted to ensure that the record was
clear.
CHAIR VANCE questioned the will of the committee.
4:26:44 PM
REPRESENTATIVE EASTMAN conveyed that he was inclined to leave
the language in for the sake of clarity.
REPRESENTATIVE GROH shared his understanding that, per Ms.
Schroeder's explanation, the archaic legal statements included
damaging stereotypes and "extremely unfortunate" views on the
law. He said he was inclined to follow the legal advice on the
best way to proceed to disassociate from the archaic and
unfortunate past views.
REPRESENTATIVE GRAY expressed his confusion. He asked whether
the legal advice was to remove the language or keep it in
statute.
MS. SCHROEDER reiterated that DOL viewed the language as archaic
and outdated. If the committee chose to remove it, she said,
the department would consider it a cleanup change, as long as
the legislative intent was clear. She noted that leaving the
language intact "wouldn't be a deal breaker either."
REPRESENTATIVE CARPENTER requested an opinion from Legislative
Legal Services.
4:29:43 PM
The committee took an at-ease from 4:29 p.m. to 4:35 p.m.
4:35:21 PM
CHAIR VANCE invited Ms. Meade to speak to Amendment 2.
4:35:50 PM
NANCY MEADE, General Counsel, Alaska Court System, concurred
with Ms. Schroeder that keeping the provision in statute was
confusing and unnecessary. Furthermore, she agreed that
removing the language would be viewed as a cleanup change. She
stated that now, the record was abundantly clear that the
intention was not to revert back to requiring corroboration.
4:36:35 PM
REPRESENTATIVE EASTMAN asked whether there was "something
special" about this type of witness testimony.
MS. MEADE responded that there was nothing special about this
kind of witness testimony. She added that removing the language
would bring these types of cases more in line with all other
criminal cases.
REPRESENTATIVE CARPENTER expressed his satisfaction with the
agencies' responses.
REPRESENTATIVE EASTMAN removed his objection. There being no
further objection, Amendment 2 to HB 68, Version S, as amended,
was adopted.
4:37:46 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 3 to HB 68,
Version S, as amended, labeled 33-GH1029\S.3, Radford, 4/17/23,
which read:
Page 7, line 14:
Delete ", whether the intended recipient is the
person or someone else"
Page 8, line 31, through page 9, line 3:
Delete all material.
Renumber the following bill sections accordingly.
Page 23, line 21:
Delete "20"
Insert "21"
Page 25, line 15, following "violence":
Insert ", sex trafficking,"
Page 33, line 14:
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Renumber the following paragraphs accordingly.
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Delete "sec. 14"
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Delete "sec. 15"
Insert "sec. 14"
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Renumber the following bill sections accordingly.
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REPRESENTATIVE EASTMAN objected for the purpose of discussion.
4:38:09 PM
MS. SCHROEDER explained that Amendment 3 deleted superfluous
language; changed a reference to one of the military justice
statutes and raised the age from 20-21 by request of the chair;
and added sex trafficking for victims' services to the Council
on Domestic Violence and Sexual Assault (CDVSA) statutes to
allow these services to receive grants.
REPRESENTATIVE CARPENTER inquired about the deleted language on
page 6, line 8 of Amendment 3.
MS. SCHROEDER said it was the same language deleted in Amendment
1 pertaining to prior court records.
4:41:08 PM
REPRESENTATIVE GRAY inquired about the deleted material on page
1, lines 4-5 of Amendment 3.
CHAIR VANCE explained that another section dealt with property
and resources going to victims of sex trafficking. She
explained that the change was correcting a miscommunication with
Legislative Legal Services. She directed attention to page 1,
lines 9-11 of Amendment 3, explaining that increasing the age
from 20 to 21 was to maintain consistency, as last year, the age
of missing persons was raised from 18 to 21.
4:43:35 PM
REPRESENTATIVE EASTMAN questioned the status of the CDVSA's
relationship to sex trafficking if Amendment 3 were to pass.
CHAIR VANCE said the council would be allowed to distribute
grants for victims of sex trafficking, as the Governor's Council
on Human and Sex Trafficking was unable to do so. She
acknowledged that in Version S, the council was prohibited from
expanding its authority to sex trafficking; nonetheless, she
said she wasn't ready to remove the section that authorized the
council to distribute funds until another solution was found, as
the CDVSA already had the necessary funding structure in place.
4:45:07 PM
REPRESENTATIVE EASTMAN maintained his objection to Amendment 3.
4:45:17 PM
A roll call vote was taken. Representatives Carpenter, C.
Johnson, Gray, Groh, and Vance voted in favor of the motion to
adopt Amendment 3 to HB 68, Version S, as amended.
Representative Eastman voted against it. Therefore, Amendment 3
was adopted a vote of 5-1.
4:45:55 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 4 to HB 68,
Version S, as amended, labeled 33-GH1029\S.5, Radford, 4/18/34,
which read:
Page 2, line 6:
Delete "11.41.355"
Insert "11.41.357"
Page 4, following line 9:
Insert a new section to read:
"Sec. 11.41.357. Inducing or causing a person to
engage in a commercial sexual act. For purposes of
AS 11.41.340 - 11.41.355, a person induces or causes
another person to engage in a commercial sexual act
including by
(1) exposing or threatening to expose
confidential information or a secret, whether true or
false, that would subject a person to hatred,
contempt, or ridicule;
(2) destroying, concealing, or threatening
to destroy or conceal an actual or purported passport
or immigration document or another actual or purported
identification document of any person;
(3) threatening to report a person to a
government agency for the purpose of arrest or
deportation;
(4) threatening to collect a debt;
(5) instilling in a person a fear that
lodging, food, clothing, or medication will be
withheld from any person;
(6) providing a controlled substance to or
withholding a controlled substance from the other
person; or
(7) engaging in deception as defined in
AS 11.81.900(b)."
Page 4, line 11, following "if":
Insert ", under circumstances not proscribed
under AS 11.41.340 - 11.41.357,"
Page 4, lines 21 - 29:
Delete all material and insert:
"* Sec. 7. AS 11.41.365 is amended to read:
Sec. 11.41.365. Human trafficking in the second
degree. (a) A person commits the crime of human
trafficking in the second degree if, under
circumstances not proscribed under AS 11.41.340 -
11.41.357, and with the intent to promote human
trafficking, the person induces or causes another
person to engage in adult entertainment or labor by
(1) exposing or threatening to expose
confidential information or a secret, whether true or
false, tending to subject a person to hatred,
contempt, or ridicule;
(2) destroying, concealing, or threatening
to destroy or conceal an actual or purported passport
or immigration document or another actual or purported
identification document of any person;
(3) threatening to report a person to a
government agency for the purpose of arrest or
deportation;
(4) threatening to collect a debt;
(5) instilling in a person a fear that
lodging, food, clothing, or medication will be
withheld from any person;
(6) providing a controlled substance to or
withholding a controlled substance from the other
person; or
(7) engaging in deception as defined in
AS 11.81.900(b) [OBTAINS A BENEFIT FROM THE COMMISSION
OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH RECKLESS
DISREGARD THAT THE BENEFIT IS A RESULT OF THE
TRAFFICKING].
(b) Human trafficking in the second degree is a
class A [B] felony."
Page 5, line 21:
Delete "11.41.355"
Insert "11.41.357"
Page 5, line 23, through page 6, line 9:
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Renumber the following bill sections accordingly.
Page 25, line 9:
Delete "11.41.355"
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REPRESENTATIVE EASTMAN objected for the purpose of discussion.
MS. SCHROEDER explained that Amendment 4 returned the factors of
inducing or causing - as it appeared in the original version of
the bill - as an element of the offense for human trafficking
and as a descriptor for sex trafficking.
4:48:50 PM
REPRESENTATIVE EASTMAN sought to understand the reason for the
deleted material on page 3, lines 5-6 of Amendment 4.
MS. SCHROEDER explained that it was deleting the consolidated
list of factors.
REPRESENTATIVE EASTMAN inquired about the deleted material on
page 33 of the bill.
MS. SCHROEDER said it was a cross-reference to language that no
longer existed due to movement.
REPRESENTATIVE EASTMAN, referencing page 1, lines 1-3 of
Amendment 4, asked where to find Section 11.41.357 in Version S.
CHAIR VANCE explained that Section 11.41.357 was created in
Amendment 4 and therefore, had not been inserted into the CS
yet. She thanked Legislative Legal Services and DOL for their
flexibility with conforming changes and attention to detail.
4:51:59 PM
REPRESENTATIVE EASTMAN removed his objection. There being no
further objection, Amendment 4 to HB 68, Version S, as amended,
was adopted.
4:52:15 PM
CHAIR VANCE explained two forthcoming amendments: one providing
for an educational component to address online dangers and
expand on training for sexual assault to include sex
trafficking; another revoking professional licenses upon a
conviction of sex trafficking. She requested the committee's
perspective on a lifetime revocation of a professional license
for "trusted positions," such as physicians and counselors, upon
the conviction of a sex trafficking offense.
REPRESENTATIVE EASTMAN suggested that the prison sentence should
match the lifetime revocation if the offender could no longer
work in his/her field of work. Otherwise, he said, that person
would be pushed in the direction of working illegally.
4:57:16 PM
REPRESENTATIVE GRAY shared his understanding that most
professional licensing applications asked whether the applicant
had been convicted of a felony; consequently, a convicted sex
trafficker who tried to renew his/her license would be denied.
For that reason, he wondered whether the provision was
duplicative. He requested verification [from the department] as
to whether that was true. He shared a personal anecdote.
CHAIR VANCE shared her understanding that not all professional
boards required applicants to disclose a felony conviction. She
suggested that the committee could at minimum, require convicted
sex traffickers to disclose their conviction to the board if
members felt a lifetime revocation was too harsh.
REPRESENTATIVE CARPENTER said he was hesitant to speculate on
something that was not before [the committee]. He added that he
would prefer to have the conversation when the amendment was
drafted, rather than "wax philosophical" without having
something before the committee.
CHAIR VANCE stated that before directing the drafter to do more
work that may not be fruitful, she wanted to gain insight on the
will of the committee.
REPRESENTATIVE CARPENTER remarked, "If it's worth asking the
question now, it's worth asking them to draft it, so that we can
communicate on it with it sitting in front of us."
REPRESENTATIVE EASTMAN agreed with Representative Carpenter. In
regard to all the criminal bills before the committee, he
expressed a desire to see a "line of demarcation" so that when a
person pays his/her debt to society, that person can enjoy to
the maximum extent possible, the freedoms of being an Alaskan
resident. Further, he argued that the individual should be
encouraged to become a productive member of society, rather than
a permanent criminal.
5:02:14 PM
REPRESENTATIVE GRAY considered an example of a pathologist who
does not interact with people, suggesting that there could be
exceptions to the rule [of lifetime revocation]. He suggested
that judgement could be made on a case-by-case basis by the
professional board that issues the license, as opposed to the
legislature making a blanket statement on certain professions.
REPRESENTATIVE C. JOHNSON opined that a person who had done
something so egregious to lose his/her license for life should
be locked away for a "long, long time." He shared the example
of a bus driver who was convicted of a crime, adding that
"there's a balance in there on the severity of the crime for
me."
CHAIR VANCE thanked the committee for the discussion and
announced that HB 68, Version S, as amended, was held over.
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