02/18/2013 01:00 PM House JUDICIARY

        HB 73 - CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                    
                                                                                                                                
1:56:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  [announced that the  final order of  business would                                                               
be] HOUSE  BILL NO. 73, "An  Act relating to the  commencement of                                                               
actions for felony sex trafficking  and felony human trafficking;                                                               
relating to  the crime of  sexual assault; relating to  the crime                                                               
of unlawful  contact; relating to  forfeiture for  certain crimes                                                               
involving  prostitution;  relating  to   the  time  in  which  to                                                               
commence certain prosecutions; relating  to release for violation                                                               
of a  condition of release  in connection with a  crime involving                                                               
domestic   violence;   relating   to  interception   of   private                                                               
communications for  certain sex trafficking or  human trafficking                                                               
offenses;  relating   to  use  of  evidence   of  sexual  conduct                                                               
concerning victims of certain crimes;  relating to procedures for                                                               
granting  immunity  to  a  witness   in  a  criminal  proceeding;                                                               
relating to consideration at sentencing  of the effect of a crime                                                               
on the  victim; relating to the  time to make an  application for                                                               
credit for  time served  in detention in  a treatment  program or                                                               
while  in other  custody;  relating to  suspending imposition  of                                                               
sentence for  sex trafficking; relating to  consecutive sentences                                                               
for convictions of certain crimes  involving child pornography or                                                               
indecent materials to minors; relating  to the referral of sexual                                                               
felonies to  a three-judge panel;  relating to the  definition of                                                               
'sexual felony'  for sentencing and  probation for  conviction of                                                               
certain  crimes;  relating to  the  definition  of "sex  offense"                                                               
regarding  sex  offender  registration;  relating  to  protective                                                               
orders for stalking and sexual  assault and for a crime involving                                                               
domestic  violence;   relating  to  the  definition   of  'victim                                                               
counseling  centers'  for  disclosure of  certain  communications                                                               
concerning  sexual  assault  or domestic  violence;  relating  to                                                               
violent crimes  compensation; relating to certain  information in                                                               
retention  election of  judges concerning  sentencing of  persons                                                               
convicted  of felonies;  relating to  remission of  sentences for                                                               
certain sexual  felony offenders; relating to  the subpoena power                                                               
of  the  attorney  general  in  cases involving  the  use  of  an                                                               
Internet  service  account;  relating to  reasonable  efforts  in                                                               
child-in-need-of-aid   cases  involving   sexual  abuse   or  sex                                                               
offender  registration;   relating  to  mandatory   reporting  by                                                               
athletic  coaches of  child abuse  or neglect;  making conforming                                                               
amendments; amending  Rules 16,  32.1(b)(1), and  32.2(a), Alaska                                                               
Rules  of  Criminal  Procedure,  Rule  404(b),  Alaska  Rules  of                                                               
Evidence, and Rule 216, Alaska  Rules of Appellate Procedure; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
1:56:37 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal  Division,  Department of  Law  (DOL),  relayed that  he                                                               
would be  addressing issues raised  during the last  two hearings                                                               
on HB 73.   With regard to Sections 1 and 20-21 of  HB 73 - which                                                               
would reverse the Alaska Court  of Appeals decision in Collins v.                                                             
State, 287 P.3d  791 (Alaska App. 2012), wherein  for purposes of                                                             
sentencing  a  person convicted  of  a  felony sex  offense,  the                                                               
court, based on a 2006  legislative letter of intent accompanying                                                               
legislation  increasing  the  presumptive sentencing  ranges  for                                                               
felony sex offenses, misinterpreted  the legislature's intent and                                                               
instead   established  non-statutory   mitigating  factors   that                                                               
resulted  in  the  perpetrator, under  standards  different  than                                                               
those used  for other felony  crimes, going before  a three-judge                                                               
panel  for sentencing  -  he explained  that  the Alaska  Supreme                                                               
Court has  since agreed  to review the  Alaska Court  of Appeals'                                                               
decision in Collins.  Sections  1 and 20-21, as currently worded,                                                             
would ensure  that the  legislature's intent  is followed  in the                                                               
meantime.                                                                                                                       
                                                                                                                                
MR. SVOBODNY,  with regard  to Section  13 of  HB 73  - excluding                                                               
evidence  of  a  sex-offense victim's  sexual  conduct  occurring                                                               
either before  or after the  offense took place, limiting  when a                                                               
defendant may apply to have  such evidence admitted regardless to                                                               
not  later  than  five  days   before  trial,  and  providing  an                                                               
exception to that limitation if  the request is based on evidence                                                               
admitted at trial that was  not available to the defendant before                                                               
trial - explained that this  provision would ensure that the sex-                                                               
offense victim  has been given  a fair opportunity  beforehand to                                                               
prepare for the  disclosure of such evidence during  trial if the                                                               
court  chooses  to  allow  it.    In  response  to  comments  and                                                               
questions, he  acknowledged that  Section 13  would result  in an                                                               
indirect court rule change, and  mentioned that a change is being                                                               
made to the  Senate companion bill in order to  address a concern                                                               
that  such evidence  [could be  made available  to the  defendant                                                               
before the  trial but  after the  five-day deadline  has passed].                                                               
No longer  does the  court give  instruction to  the jury  that a                                                               
rape  victim's history  of  promiscuity ought  to  be taken  into                                                               
account when determining whether  to convict the perpetrator, but                                                               
it  was  just  such  commonly-given instruction  that  has  since                                                               
resulted   in   the    establishment   of   certain   protections                                                               
specifically for sex-offense victims.                                                                                           
                                                                                                                                
REPRESENTATIVE  LEDOUX  expressed   disfavor  with  Section  13's                                                               
proposed changes.                                                                                                               
                                                                                                                                
REPRESENTATIVE   MILLETT  indicated   favor  with   Section  13's                                                               
proposed changes.                                                                                                               
                                                                                                                                
2:33:51 PM                                                                                                                    
                                                                                                                                
MR. SVOBODNY, with regard to Section  36 of HB 73 - expanding the                                                               
list  of circumstances  for which  the court  may determine  that                                                               
reasonable efforts  to reunite a  child with his/her  family need                                                               
not  be taken  by the  Office  of Children's  Services (OCS),  to                                                               
include circumstances  wherein the court  has found by  clear and                                                               
convincing  evidence that  the parent  or guardian  has committed                                                               
sexual abuse against  that child or against any  of his/her other                                                               
children,  or is  registered or  required  to register  as a  sex                                                               
offender  -  explained that  for  purposes  of receiving  certain                                                               
federal  funding,  such  a  provision must  now  be  included  in                                                               
statute.   In response to  comments and a question,  he indicated                                                               
that he would research whether  any other circumstances should be                                                               
added to the  list being expanded by Section 36,  and offered his                                                               
understanding  that all  but one  of the  sex offenses  for which                                                               
someone  must  register  as  a   sex  offender  are  felony-level                                                               
offenses.                                                                                                                       
                                                                                                                                
MR. SVOBODNY, with regard to Sections  14-15 and 43-44 of HB 73 -                                                               
changing the  procedure used when  determining whether  a witness                                                               
in a  criminal prosecution is entitled  to transactional immunity                                                               
under the  Fifth Amendment  to the  U.S. Constitution,  such that                                                               
the  judge would  be required  to  speak with  the witness  about                                                               
his/her testimony before deciding  whether to grant the immunity,                                                               
and be required to enter findings  of fact and conclusions of law                                                               
in a  sealed written  order, and  the state  would be  allowed to                                                               
appeal  the judge's  decision -  explained that  these provisions                                                               
are intended to correct problems that  have arisen as a result of                                                               
how some judges  and defense attorneys have  been approaching the                                                               
issue  of   transactional  immunity.    Some   judges  have  been                                                               
threatening  to dismiss  the underlying  criminal  case when  the                                                               
attorney  general  chooses  not  to grant  a  particular  witness                                                               
transactional immunity,  and some  defense attorneys  in domestic                                                               
violence cases have improperly raised  the issue of transactional                                                               
immunity and  then purposely  disclosed a  witness's confidential                                                               
information.     In  response  to  comments   and  questions,  he                                                               
indicated   that  the   DOL  views   the   changes  proposed   by                                                               
Sections 14-15 and  43-44 as  the best  approach to  address such                                                               
problems.                                                                                                                       
                                                                                                                                
[HB 73 was held over.]