Legislature(2025 - 2026)GRUENBERG 120
02/21/2025 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB77 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 77 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 77-MAIL THEFT
1:01:31 PM
CHAIR GRAY announced that the only order of business would be
HOUSE BILL NO. 77, "An Act making the theft of mail or an
article within mail theft in the second degree."
1:02:02 PM
REPRESENTATIVE COULOMBE, Alaska State Legislature, as prime
sponsor, presented HB 77. She paraphrased the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
Mail theft is not just an inconvenienceit is a
gateway to financial fraud, identity theft, and
serious economic harm, particularly for our elderly
and most vulnerable citizens. In an age where personal
and financial information is increasingly targeted, HB
77 seeks to modernize Alaska's theft laws by
classifying mail theft as a Class C felony,
strengthening penalties, and closing legal loopholes
that have allowed criminals to exploit our residents.
Mail theft is on the rise across the nation,
contributing to millions of cases of identity theft
and fraud. According to the Federal Trade Commission
(FTC), Alaskans report high levels of fraud, and with
the increasing sophistication of mail-related crimes
including stolen checks, credit card statements, and
government documentsit is essential that we act now.
Currently, Alaska's laws do not adequately address
mail theft as a serious crime. Under existing
statutes, mail theft can be prosecuted as a
misdemeanor or under vague general theft laws, leaving
room for lenient sentencing or even lead to an absence
of sentencing. HB 77 changes this by clearly defining
mail theft as theft in the second degree, a felony
offense, ensuring that perpetrators face real
consequences.
By passing HB 77, we equip law enforcement with the
tools needed to effectively prosecute mail thieves,
deter would-be offenders, and protect Alaskans from
the devastating consequences of identity fraud. This
bill ensures that victims of mail theftespecially
seniors and vulnerable populationshave stronger legal
protections and recourse.
HB 77 is a common-sense, necessary step in modernizing
Alaska's theft laws to keep pace with evolving
criminal activity. It ensures stronger deterrence,
clearer legal definitions, and harsher penalties for
those who exploit our postal system.
We urge our colleagues in the Legislature to support
HB 77 to protect Alaskans, their privacy, and their
financial security.
1:03:22 PM
REPRESENTATIVE KOPP moved to adopt the proposed committee
substitute (CS) for HB 77, Version 34-LS0144\H, C. Radford,
2/20/25, as the working document.
REPRESENTATIVE MINA objected for the purpose of discussion.
1:03:48 PM
RYAN SHELDON, Staff, Representative Julie Coulombe, Alaska State
Legislature, on behalf of Representative Coulombe, prime
sponsor, presented a sectional analysis of changes in Version H
[included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: Establishes the crime of mail theft under
AS 11.46.130(A) Theft in the Second Degree.
Section 2: provides definitions for authorized
depository, mail, mail receptacle and postage.
Section 3: The provisions of (a)(8) of this section do
not apply to an act carried out in accordance with the
official duties of an employee charged with the
operation of a juvenile treatment facility, juvenile
detention facility, or correctional facility.
Section 4: Effective date clause
1:06:42 PM
REPRESENTATIVE MINA removed her objection. There being no
further objection, Version H was before the committee.
1:07:02 PM
MR. SHELDON directed attention to a PowerPoint presentation on
HB 77 [hard copy included in the committee packet] and began on
slide 2, "The Problem," which read as follows [original
punctuation provided]:
Mail theft is on the rise in the United States and in
Alaska.
Mail theft is a precursor to identity theft resulting
in financial hardship.
Senior citizens particularly fall victim.
Alaska does not currently have a way to prosecute mail
theft as it is not codified in statute.
The US Attorney's office has an incredible back log of
cases, due in part to a lack of District Court Judges
on the bench. Meaning, they cannot prosecute these
cases in a timely manner.
Alaskan courts need the legal backing (HB77) to
prosecute these cases of mail and identify theft;
attaching a REAL punishment to the crime.
MR. SHELDON continued to slide 3, "Facts and Figures of the
Problem," which read as follows [original punctuation provided]:
~23 million persons (~9% of all U.S. residents age 16
or older) experience identify theft annually (DOJ)
~59% of identity-theft victims had financial losses;
which totaled $16.4 billion in 2021 (DOJ)
1 in 5 persons (22%) will experience identity theft in
their lifetime (DOJ)
USPS Check fraud has nearly doubled since 2021 to 2023
(DOJ)
DOJ released a PSA alerting the public to the rise of
mail fraud on 01/27/25
Alaska ranks 10th highest (out of 50 states) in Fraud
(FTC)
1:09:47 PM
MR. SHELDON described the graphic on slide 4, which indicated
that 10 percent of Alaska residents have had a package stolen in
the past three months. He continued to slide 5, which
positioned HB 77 as the solution to protecting at-risk citizens.
1:10:47 PM
MR. SHELDON outlined the mechanics of the bill on slides 6 and
7, which read as follows [original punctuation provided]:
DEFINITION OF THE CRIME:
Classifies mail theft as theft in the second degree
via
• Mail or mail items obtained by fraud
LEGAL CLASSIFICATION AND PENALTIES
Theft in the second degree (AS 11.46.130) is a class C
felony in Alaska.
A class C felony carries penalties such as:
• Up to 5 years in prison
• A fine of up to $50,000
• Probation (in lieu of incarceration)
• Restitution to victims
DEFENSES AGAINST & SAFEGUARDS OF MAIL THEFT CHARGES
HB 77 provides specific legal "affirmative" defenses
to avoid wrongful convictions, including:
• The defendant reasonably believed they were
entitled to the mail.
• The stolen mail belonged to a household member if
dwelling together.
• The accused had power of attorney for the
recipient.
• The recipient explicitly gave permission to
collect their mail.
1:12:09 PM
CHAIR GRAY asked whether, if the bill were to pass, people would
be prosecuted in state court in lieu of federal court.
MR. SHELDON said yes, the intent is for the state to be able to
prosecute these cases.
CHAIR GRAY asked how many Alaskans have had their identity
stolen because of mail theft.
MR. SHELDON said its hard to track the data because it's not
currently a crime.
CHAIR GRAY shared his understanding that identity theft is
largely attributable to cyber issues.
REPRESENTATIVE COULOMBE pointed out that mail theft is
disproportionately affecting seniors because they don't go
online as much.
CHAIR GRAY shared his understanding that the bill has a zero
fiscal note, which suggests that there wouldn't be many cases to
prosecute.
REPRESENTATIVE COULOMBE stated that the Alaska Court System's
(ACS) fiscal note is indeterminate because it's hard to project
how many cases would be prosecuted.
1:18:09 PM
REPRESENTATIVE MINA asked how the bill would impact other
institutions, like Division of Juvenile Justice (DJJ)
facilities, and prisons. She asked whether the bill would apply
to a scenario in which an individual at a correctional facility
had stolen a prisoner's mail.
MR. SHELDON said people in detention facilities are protected
under Section 3 of Version H.
1:19:25 PM
REPRESENTATIVE COSTELLO informed the committee that she was a
victim of identity theft that occurred while she was on
maternity leave and shared her experience. She acknowledged the
importance of the bill for seniors in particular.
CHAIR GRAY opened invited testimony.
1:21:59 PM
TIFFANI LOUGHMAN, representing self, gave invited testimony in
support of HB 77. She shared her experience investigating mail
theft during her tenure as a police officer and detective in
Anchorage. She said the crime continuously ties law
enforcement's hands with no ability to make arrest or provide
justice for victims. While there is a federal law addressing
mail theft, constraints on federal resources mean that these
cases rarely meet the threshold for prosecution. She stated her
support for enacting a state level statute to address mail
theft, as the crime is becoming increasingly prevalent.
According to the U.S. Postal Inspection Unit, there were over
300,000 reported incidents in the past year alone. These crimes
typically lead to identity theft, financial loss, loss of
personal or legal documents, damages to credit scores, increased
risk of fraud, and delayed or missing deliveries. She spoke to
the disproportionate vulnerability of the elderly population,
and how mail theft may impact them both financially and
emotionally. She said the bill would empower state and local
law enforcement with the tools to more efficiently combat mail
theft and serve as a deterrent to other crimes.
1:26:58 PM
REPRESENTATIVE MINA asked how many calls the Anchorage Police
Department (APD) receives related to mail theft.
MS. LOUGHMAN did not have an exact number because it's not being
tracked; however, she anecdotally reported that APD comes across
stolen mail often.
1:27:56 PM
REPRESENTATIVE KOPP referred to AS 11.76.120, which prohibits
the opening of sealed letters, and asked why Version H would be
a better vehicle to address the issue at hand.
MS. LOUGHMAN said the bill would create a felony crime and give
law enforcement some "teeth."
REPRESENTATIVE KOPP further clarified that the bill would move
this conduct under the theft statutes.
1:31:44 PM
MR. SHELDON played two videos that showed police camera footage
of officers intercepting a person in the process of stealing
mail.
1:35:19 PM
DAVID LARSON, representing self, shared his experience as a
victim of mail fraud and attempted identity theft. He credited
his son for helping him and said without him, he would not have
been able to resolve the issue and safeguard his accounts. He
encouraged the legislature to fix this problem.
1:42:23 PM
KELLY REYNOLDS, Security Manager, Northrim Bank, shared her
experience overseeing and investigating external fraud at
Northrim Bank, indicating that mail theft has become an
increasingly serious issue that warrants attention at the state
level. Despite the gravity of the issue, she said mail theft is
often treated as a low-level crime, with federal jurisdiction
being the only recourse for offenders. By making mail theft a
state crime, it would allow law enforcement to address the issue
more affectively and without delay. She added that the
consequences of mail theft extend beyond individual victims and
has broader societal implications, including distrust in the
mail system, local law enforcement, and public safety.
Classifying mail theft as a state crime would empower law
enforcement to act swiftly; enable quicker responses and faster
prosecution; send a clear message of intolerance; establish more
substantial penalties and deter potential criminals; and ensure
a more consistent and uniform approach to the crime.
1:47:37 PM
CHAIR GRAY asked whether a person would be charged separately
for each item of stolen mail in their possession.
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), said they could be; however, an
individual cannot be punished more than once for an act, so the
charges would likely merge upon conviction.
CHAIR GRAY sought to confirm that the crime is a Class C felony
regardless of what was stolen, whether that be a post card or a
laptop, for example.
MS. SCHROEDER answered yes.
1:48:50 PM
REPRESENTATIVE VANCE asked whether there would be multiple
charges if the mail was stolen from different people.
MS. SCHROEDER said a charge could be brought for each act that
satisfies all the criminal elements; however, upon conviction,
the charges would likely merge because a person cannot be
punished more than once.
1:51:25 PM
REPRESENTATIVE COSTELLO asked whether there would be value in
differentiating mail theft from mail theft that's performed with
the intent to steal a person's identity.
MS. SCHROEDER said Alaska has other statutes that may be
applicable to conduct that could be described as identity theft.
1:53:29 PM
REPRESENTATIVE KOPP asked about the practical application of the
law and how discretion works for police and prosecutors.
MS. SCHROEDER explained that the crime of theft is an
intentional crime. Currently, without being able to value the
mail, the conduct would likely be charged with a Class B
misdemeanor. The bill, however, would make mail theft a felony
crime regardless of the mail's valuation.
CHAIR GRAY said it sounds like the bill is being proposed
because currently, mail theft is not being prosecuted as a
federal crime.
MS. SCHROEDER clarified that mail theft would remain a federal
crime but codifying it would give state prosecutors the ability
to prosecute mail theft as a Class C felony without performing
the valuation that's required under current law. She pointed
out that the federal government is a separate sovereign, so
potentially, the offender could be charged under both; however,
given existing resources, it's unlikely.
CHAIR GRAY asked whether state prosecutors have the bandwidth to
process additional cases.
MS. SCHROEDER said DOL submitted a zero fiscal note because they
already have the ability to prosecute this conduct and the
belief is that there wouldn't be an increase in caseload to the
degree that another prosecutor would be needed.
CHAIR GRAY asked how the time to disposition would be impacted
by the bill.
MS. SCHROEDER acknowledged that more cases slow the system;
however, that shouldn't discourage the legislature from passing
the bill, creating new crimes, or trying to protect the public.
2:01:10 PM
REPRESENTATIVE MINA asked whether the affirmative defense was
removed from Version H.
MR. SHELDON explained that the affirmative defense was removed
from Version H based on counsel from Ms. Schroeder. He added
that the affirmative defense was confining the bill with too
much specificity.
CHAIR GRAY sought to confirm that the goal of the bill is to
stop identity theft; however, the bill reclassifies mail theft,
which is more frequent and not related to identity theft, to a
felony crime.
MR. SHELDON said that's correct, adding that this would be
another tool in the toolbox.
2:04:31 PM
REPRESENTATIVE COSTELLO requested a visual of the sentencing
ranges.
REPRESENTATIVE MINA requested information on the existing
statutes related to theft and identity theft.
2:05:17 PM
REPRESENTATIVE VANCE stated that one-third of her district are
seniors who rely on medication and other important documents in
the mail. She expressed appreciation for the bill and shock
that it's not currently in statute. She said the bill would
offer a tool for prosecutors to take on larger crimes.
CHAIR GRAY sought to confirm that the bill would make it a crime
to steal mail, whereas under existing statute, the mail must be
opened to be charged with a crime.
MS. SCHROEDER stated that under current law, mail theft that is
subject to valuation is considered theft. In addition, there is
another statute that deals with the opening of mail.
2:08:56 PM
CHAIR GRAY offered closing remarks.
[HB 77 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 77 FN Public Defender Agency.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 FN DPS.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Explanation of Changes Ver.N to Ver.H.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 FN Courts.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 FN Law.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 FN Office of Public Advocacy.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Sectional Analysis Ver.H.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Version N.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Sectional Analysis Ver.H.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Supporting Doc 1 Victims of Identity Theft, 2021 DOJ.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Supporting Doc 2 Mail Theft-Related Check Fraud is on the Rise.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Version H CS.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB77 Powerpoint.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Explanation of Changes Ver.N to Ver H.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |
| HB 77 Sponsor Statement Ver.H.pdf |
HJUD 2/21/2025 1:00:00 PM |
HB 77 |