Legislature(2019 - 2020)GRUENBERG 120
02/06/2020 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB198 | |
| HB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 198 | TELECONFERENCED | |
| += | HB 182 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 198-AGGRAVATING FACTORS AT SENTENCING
[Contains discussion of HB 82.]
3:04:01 PM
CO-CHAIR FIELDS announced that the first order of business would
be HOUSE BILL NO. 198, "An Act relating to aggravating factors
considered at sentencing."
3:04:46 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature,
paraphrased a question asked by Representative Vance during the
2/4/20 House State Affairs Standing Committee meeting: "If we
are imposing this on a jury, we need to define certain terms,
otherwise it's a heavy burden on our citizens. It's our job to
provide the scope of what this legislation's intent is." He
responded that the job of jurors is already very difficult; they
already must decide, for example, whether someone intended to
pull the trigger or whether the gun just went off by accident.
He said there is nothing in the law that helps jurors; they just
must use their judgments. He mentioned that the other terms in
AS 12.55.155(c)(22) - the hate crimes code - are not defined;
and the burden to define the new terms is no greater.
REPRESENTATIVE JOSEPHSON stated that he performed a search of
the number of times courts consulted Webster's dictionary since
1960 and found they consulted the dictionary 316 times. He
relayed that yesterday [2/5/20] the Kenai City Council joined
the Soldotna City Council in supporting legislative action
[Resolution No. 2020-05, included in the committee packet]. He
mentioned that the committee will receive a letter from Kaci
Schroeder, legislative liaison and Assistant Attorney General,
Department of Law (DOL), to answer the question as to whether
the use of the word "sex" in paragraph (22) could be infused
with broader meaning to encompass the goals of the proposed
legislation. He offered that the essence of her response was
that it is unlikely.
3:07:54 PM
REPRESENTATIVE VANCE moved to adopt Amendment 1, [labeled 31-
LS1369\M.1, Radford, 2/4/20], which read:
Page 4, line 6, following "person's":
Insert "pregnancy or"
CO-CHAIR FIELDS objected.
REPRESENTATIVE VANCE explained that Amendment 1 would add the
word "pregnancy" to the list of aggravating factors. She said
that pregnant women have been targeted and, depending on the
year, it is the second or third leading cause of death among
pregnant women. She offered the various reasons pregnant women
are targeted: the woman doesn't want an abortion; an intimate
partner does not want the responsibility of a child; someone
wants to cover up an affair. The targeting is solely with the
intent of killing the unborn child in the woman's womb. She
expressed her belief that this group of people should receive
extra protections under the law.
REPRESENTATIVE VANCE continued by saying, "I do realize that so
many crimes will be eligible for hate crimes - hate crime
treatment - that those victims who are not covered will perhaps
rightly feel discriminated against." She added that all human
life is precious; all crimes against humanity should be
prosecuted to the full extent of the law. She asked, "If
justice is blind, why are we requiring the judge and jury to
examine if the person falls into a certain class of people?"
She mentioned that under the U.S. Constitution, all men are
created equal; society works to ensure all are treated equally
under the law. She asked, "Why would we continue to propose
legislation that treats some more equal than others? On what
basis do we conclude that one crime is singled out for extra
penalties but not others?" She stated that the crime that
occurred on the Kenai Peninsula [the 12/9/19 attack on Tammie
Willis] is a terrible crime and should be prosecuted to the full
extent of the law but questioned adding more categories to the
statute. She stated that she feels for the pregnant women who
have been attacked because they are carrying a child; however,
since the 14th Amendment of the U.S. Constitution guarantees
equal justice under the law, she is withdrawing Amendment 1.
3:11:48 PM
CO-CHAIR FIELDS opened public testimony on HB 198.
3:12:12 PM
TAMMIE WILLIS relayed the incident that occurred to her and the
ensuing negative effects. She stated the following: On
November 14 [2019] she found a disparaging and threatening note
on her truck, [passed out during the 2/4/20 House State Affairs
Standing Committee meeting but not included in the committee
packet]. On November 22 an object was thrown at her truck
shattering her windshield. On December 9, she was assaulted in
her home, repeatedly cut with a knife, and punched extensively.
She required medical treatment and considerable recovery time.
She has moved to another location; rarely goes out alone; does
not sleep well; has panic attacks and nightmares. Coming
forward with her story has generated considerable hate messages
on social media, but at the same time there has been an
outpouring of support from people all over Alaska and from her
own community. She relayed that the support was most clearly
demonstrated on January 4, when close to 200 people showed up -
including many community leaders - to a town hall meeting to
discuss the safety of the lesbian, gay, bisexual, transgender,
and questioning (LGBTQ) community. She said that it made her
realize that there were more people willing to take a stand
against hate then she ever imagined. At the meeting, members of
the LGBTQ community and their allies shared their stories of
bullying, harassment, violence, prejudice, and loss due to the
issues related to sexual orientation and gender identity. She
offered:
In an ideal world where everyone is treated with
respect and dignity, legislation like HB 198 and HB 82
would not be needed, but our world is not there yet.
Until it is, HB 198 sends a clear message from our
leaders that hate and violence are not the values we
share as a community. They are not Alaskan values and
they will not be tolerated.
3:15:27 PM
LESLIE BYRD testified that although not an anti-discrimination
act, the proposed legislation is a step in the right direction.
She stated that she has heard arguments that the proposed
legislation is unnecessary and gives one group special treatment
over others; she maintained that it doesn't. She asserted that
although "sexual orientation" and "gender identity" are
associated with the LGBTQ community, every person on earth has
these characteristics, just as everyone has the characteristics
of sex, age, ability, and race. She said, "There's literally
nothing for anyone to lose with HB 198 other than the time spent
arguing on it, and the perpetrators of these violent acts." She
maintained that these types of laws are needed as long as abuse
continues; just because a cisgender heterosexual person does not
see the harm and violence committed towards lesbian, gay,
bisexual, and transgender (LGBT) people, that does not mean that
it doesn't occur. She added, "Passage of this bill would
acknowledge and validate the experiences of these marginalized
people." She urged the legislators to demonstrate leadership in
a positive and inclusive direction. She offered that crimes
targeting members of a class of people are meant to instill fear
in everyone in the class, which makes the inclusion of sexual
orientation and gender identity in aggravating laws so
important.
3:17:15 PM
DAVID BRIGHTON offered the following justification for the
proposed legislation:
I believe that the laws that we create are in order to
deter things that we don't want to see in society -
violence - and when there is an increased likelihood
of violence as we see against the LGBTQ community,
creating legislation and laws - punishments that would
deter that - is an appropriate measure to take for our
government.
MR. BRIGHTON offered that as a member of the LGBTQ community, he
has become aware of the violence in his community and he has
been anxious about being targeted. He offered that no one
should feel that way. He urged the passage of HB 198 to deter
prejudiced actions against anyone in society but specifically
the LGBTQ community.
3:19:38 PM
LILY SPIROSKI testified that she is a bisexual Alaska Native;
"coming out" to her peers in school led to bullying and
harassment. Teachers and principals did nothing to protect her
because the basis of the harassment was due to her not liking
men - her sexuality. She mentioned that she is proud to be a
part of the LGBTQ community; however, the fact that people of
that community do not feel safe and are not protected by
Alaska's hate crime laws is "old-school." She urged passage of
HB 198 for the safety of the LGBTQ community and the safety of
future generations.
3:21:45 PM
TRIADA STAMPAS, Policy Director, American Civil Liberties Union
(ACLU) of Alaska, paraphrased from her written testimony, which
read in part [original punctuation provided]:
As you consider House Bill (HB) 198, the American
Civil Liberties Union (ACLU) of Alaska urges you to
take a more comprehensive approach to providing safety
and protection against discrimination against lesbian,
gay, bisexual, transgender and queer (LGBTQ) Alaskans.
HB 198 takes too narrow an approach to provide
meaningful protections against harm and discrimination
for LGBTQ Alaskans. We neither support nor oppose the
bill in its current form, and instead urge you to
make specific improvements.
This formal acknowledgment that LGBTQ Alaskans are
targeted for hate-motivated crimes simply for who they
are reflects the unfortunate and unacceptable reality
for our LGBTQ neighbors. It also sends an important
message that crimes motivated by anti-LGBTQ bias merit
the same community condemnation as those motivated by
other forms of bias already in Alaska's hate crimes
law. We applaud the spirit of inclusivity that has
prompted this bill.
If the goal, however, is to provide greater safety and
protection from discrimination for LGBTQ Alaskans,
this incarceration-only approach is limited both in
its scope and effectiveness.
An Incarceration-Only Approach Does Not Make LGBTQ
People Safer
Summarizing a large body of research related to crime
deterrence, the United States Department of Justice
has concluded, "increasing the severity of punishment
3
does little to deter crime." The research finds that
criminals generally know very little about the
penalties associated with specific crimes, and do not
calibrate their behavior accordingly. The evidence
does not show that imposing a longer term of
incarceration on a person convicted of a crime makes
others less likely to commit similar crimes. Instead,
some research shows that longer prison sentences lead
to a greater likelihood of recidivism, as incarcerated
individuals exit prison with diminished life prospects
4
and having had extended exposure to other criminals.
The research shows that the certainty of being caught
and punished is a more effective deterrent than the
severity of the punishment that is, individuals are
far less likely to commit a crime if they believe they
5
will be caught.
In addition, imprisonment is a limited and often
counterproductive means of addressing the social
6
disorders that lead to crime, and without affirmative
measures to address the underlying causes of bias-
based violence, it does not create conditions for
greater safety for LGBTQ Alaskans.
As HB 198 only calls for longer terms of imprisonment,
it can not [sic] stand alone as an effective deterrent
of bias crimes against LGBTQ Alaskans.
An Incarceration-Only Approach Does Not Protect LGBTQ
Alaskans from Discrimination
Research shows that LGBTQ individuals are
disproportionately likely to experience poverty, food
insecurity and homelessness (particularly youth
7
homelessness). Yet LGBTQ Alaskans still lack state-
level protections against discrimination in housing,
employment, financial services and public
accommodations.
The ability to discriminate with near-impunity in
these aspects of everyday life leave our LGBTQ
neighbors less likely to be able to meet basic needs
and thrive in our communities.
Real LGBT Protections for Alaskans Require a
Comprehensive Approach
We encourage you to pursue a more comprehensive
approach to providing safety and protection against
discrimination than HB 198 currently provides LGBTQ
Alaskans. The elements of a more comprehensive
approach should include the following:
Passage of HB 82 to provide civil non-discrimination
protections to LGBTQ Alaskans;
Dedicated law enforcement liaisons (whether Alaska
State Troopers or local law enforcement agents) to the
LGBTQ community in every region of the state, along
with law enforcement training on LGBTQ discrimination
and bias crimes, to enable law enforcement agnecies
[sic] to build trust within the LGBTQ community, spot
bias-related activity early, and increase the
likelihood that perpetrators of bias-motivated crimes
are identified and caught; and
A prevention model that includes educational
programs starting with antibullying measures in
schools that debunk stereotypes and promote respect
and tolerance for difference, as well as community-
based antiviolence programs.
The discrimination that LGBTQ Alaskans experience is
pervasive and abhorrent to the fair, free, and
welcoming state we all want Alaska to become. Alaska
needs a comprehensive approach that provides our LGBTQ
neighbors safety and protection from discrimination in
all aspects of everyday life not just when a violent
crime has been committed. I thank you for the
opportunity to offer input and urge you to continue to
pursue this issue until full equality for all Alaskans
is achieved.
3
"Five Things about Deterrence." U.S. Department of
Justice National Institute for Justice, May 2016.
Available at https://nij.ojp.gov/topics/articles/five-
things-about-deterrence.
4
Ibid.
5
Ibid.
6
See, e.g., Marsha Weissman, Aspiring to the
Impracticable: Alternatives to Incarceration in the
Era of Mass Incarceration, 33 N.Y.U. Rev. L. & Soc.
Change 235 (2009); Craig Haney, The Psychological
Impact of Incarceration: Implications for Post-Prison
Adjustment, U.S. Dep't of Health & Human Serv. & Urban
Institute, From Prison to Home: The Effect of
Incarceration and Reentry on Children, Families and
Communities (2002), available at
http://aspe.hhs.gov/hsp/prison2home02/haney.pdf; Dina
Rose and Todd Clear, Incarceration, Social Capital and
Crime: Implications for Social Disorganization Theory,
36 Criminology 441 (1998, rev. 2006).
7
See, e.g., M.V. Lee Badgett et al. LGBT Poverty in
the United States: A Study of Differences between
Sexual Orientation and Gender Identity Groups. UCLA
School of Law Williams Institute, October 2019; Taylor
N.T. Brown et al. Food Insecurity and SNAP
Participation in the LGBT Community. UCLA School of
Law Williams Institute, July 2016; and Morton, M.H.,
Dworsky, A., & Samuels, G.M. (2017). Missed
opportunities: Youth homelessness in America. National
estimates. Chicago, IL: Chapin Hall at the University
of Chicago.
3:27:51 PM
RAYMOND LEE testified as a transgender man. He stated that he
is in the process of transitioning to a man and has been
discriminated against in doctors' offices, in insurance offices,
and by police officers. He said that he has not yet been
attacked physically; however, LGBTQ people experience
discriminatory attitudes while in contact with the various
professions in Alaska and live with the possibility of someone
acting on those attitudes. According to the ACLU, about 4
percent of Alaskan adults identify as LGBT. That represents
about 20,000 people and is based on the number of people willing
to admit in the survey that they are LGBT. He maintained that
LGBT people need protection from violence, and they need to be
considered under hate crimes laws. Alaska, as a state, needs
more hate crime reporting and education for police. Hate crimes
vary and groups experiencing hate crimes have different needs.
He said that on the national level, the Federal Bureau of
Investigation (FBI) includes hate crime laws, because of the
terrorizing effect of hate crimes being inflicted on people
based on identity - for who they are and not for personal
reasons.
3:32:45 PM
VERI DI SUVERO expressed her support for HB 198. She said that
she is the director of an organization, but even in a position
of some power, she has experienced discrimination. She said
that it has not yet turned violent, but she is afraid for her
safety and is afraid to reveal who she is. She urged the
legislators to continue to uphold the rights of Alaskans as they
are trying to be successful residents in the state. She said
that the proposed legislation is not about making people more
equal, but about recognizing systematic disadvantages against
people as well as ruining people's lives.
CO-CHAIR FIELDS closed public testimony on HB 198.
3:34:54 PM
REPRESENTATIVE VANCE thanked the testifiers and mentioned the
importance of open discussion. She acknowledged the
vulnerability of people speaking "on the record" about crimes
committed against them and against those of the LGBT community
and stated that their involvement in the discussion is
important. She expressed her belief that sexual orientation and
gender identity is an uncomfortable topic; legislators feel that
they will be targeted if they do not approach the subject with
sensitivity. She stated that people need to work to respect
each other regardless of societal beliefs. She offered that
hate crimes are a "slippery slope," because beliefs don't
automatically equate to being hate speech or hate crimes. She
maintained that legislation that criminalizes people's thoughts,
beliefs, and speech violates the First Amendment [to the U.S.
Constitution] rights of freedom of speech and freedom of
religion and ultimately the 14th Amendment of the U.S.
Constitution granting equal justice under the law. She said, "I
don't want to diminish the experiences of the LGBTQ community or
anyone else that has had discrimination or a crime perpetrated
against them. All acts against humanity is wrong, because all
life is precious." She advocated for dealing with the crimes.
She stated that she cannot support HB 198, because it segregates
different groups of people for additional penalties. She
offered that the proposed legislation represents "going down a
dangerous road"; it is against the U.S. Constitution; it
promotes the belief that justice is blind. She maintained that
justice should be equally distributed for everyone; it is not
just an LGBTQ issue but applies to every American; it leads to
discrimination against those people who are not included in the
special groups.
CO-CHAIR KREISS-TOMKINS expressed his appreciation with the
testimonies of Representative Vance and Ms. Stampas. He
expressed his belief that community condemnation for hate crimes
and what they represent has been a societal decision in Alaska
and across the country; it is a component of the justice system
and an appropriate sanction.
3:41:45 PM
CO-CHAIR KREISS-TOMKINS moved to report HB 198 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 198 was reported from the
House State Affairs Standing Committee.