Legislature(2025 - 2026)GRUENBERG 120
02/24/2025 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB101 | |
| HB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 101 | TELECONFERENCED | |
| *+ | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 106-THEFT: ORGANIZED; MED. RECORDS; MAIL
[Contains discussion of HB 77.]
1:16:00 PM
CHAIR GRAY announced that the final order of business would be
HOUSE BILL NO. 106, "An Act relating to organized theft;
relating to theft of medical records and medical information;
relating to mail theft; and providing for an effective date."
1:16:42 PM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Department of Law (DOL), on behalf of the House Rules
Standing Committee, sponsor by request of the governor,
presented HB 106. He gave an overview of the proposed
legislation and background on organized retail theft (ORT),
which is the theft of merchandize that is subsequently resold
for profit. He paraphrased the transmittal letter [included in
the committee packet], which read as follows [original
punctuation provided]:
Under the authority of Article III, Section 18 of the
Alaska Constitution, I am transmitting a bill
addressing organized theft, mail theft, and the theft
of medical records and medical information. The impact
of property theft on individuals, businesses, and the
community is often underrated. When theft occurs in
retail establishments, it can, over time, total in the
millions of dollars. These costs can make it difficult
to do business and, many times, are passed down to the
paying consumer. Alaska needs to do more to address
this conduct. Accordingly, this bill creates the new
crime of organized theft, which will be a class A
felony. Organized theft will target those individuals
who coordinate with a group of three or more persons
to commit felony level thefts. These individuals are
operating on a larger scale and the penalty should
reflect the massive damage they cause to our
communities.
The bill also establishes the crime of mail theft,
which can lead to identity theft, credit card fraud,
and the loss of valuables. Because Alaska relies
heavily on mail service, we should not depend solely
on federal prosecution to address this widespread
problem.
Finally, the bill classifies the theft of medical
records or medical information as a class C felony.
Just as current law protects credit cards an
identification documents, it should also protect
sensitive medical information from misuse.
By closing these gaps in current law, this bill will
strengthen our ability to address crimes that wreak
havoc on our communities. I urge your prompt
consideration of this legislation.
1:26:13 PM
REPRESENTATIVE KOPP inquired as to the differences between HB 77
and HB 106. He stated that HB 77 would give prosecutors the
authority to charge mail theft with a Class C felony and asked
whether that would conflict with HB 106.
MR. SKIDMORE stated that HB 77 would add mail theft to theft in
the second degree, which is a Class C felony. Another
significant difference is that HB 77 defines mail as something
that's delivered through the United States Postal Service (USPS)
or by a private mail delivery company, such as FedEx or United
Parcel Service (UPS). In contrast, HB 106 does not include the
private mail delivery companies and only accounts for the items
stolen from a person's mailbox. Under HB 106, items taken from
someone's porch would be considered regular theft and valued
accordingly.
1:29:34 PM
REPRESENTATIVE KOPP asserted that ORT should be classified as
felony conduct and reasoned that it could be used as a
prosecutorial tool.
MR. SKIDMORE explained that if three or more people were
stealing items from a delivery truck more than once, it would
fall within the definition of ORT, and the bill would allow this
conduct to be prosecuted with a Class A felony. Alternatively,
mail theft in HB 106 is designed to address the act of stealing
mail that would not amount to a high dollar figure out of a
mailbox. It would penalize mail theft with a Class A
misdemeanor and up to one year in jail depending on the
offender's history and the type of stolen material.
1:33:17 PM
REPRESENTATIVE VANCE sought further information on the ORT
community and the types of crimes they are committing.
MR. SKIDMORE said it depends on the organization. The bill is
focused on any group of individuals that plan to steal
significant quantities of merchandise for monetary gain. The
premise of ORT is based on organized activity that presents a
pattern of behavior from multiple people and may be associated
with violence.
REPRESENTATIVE VANCE asked whether the bill covers private
property crimes committed by a group of individuals.
MR. SKIDMORE answered yes, if the group is coordinated and it
occurs on more than once occasion.
REPRESENTATIVE VANCE referred to page 2, line 20, and questioned
the definition of "access device.
MR. SKIDMORE cited AS 11.81.900, which defines "access device"
as a document, card, or something with a unique identifier that
allows access to certain accounts, such as a credit card, for
example.
1:39:11 PM
REPRESENTATIVE VANCE asked how AS 11.46 interfaces with Alaska's
privacy rights.
MR. SKIDMORE said they are correlated, as an access device,
identification documents, and medical records would enable a
person to engage in identity theft.
REPRESENTATIVE VANCE asked at what point is mail considered the
recipient's property.
MR. SKIDMORE shared his understanding that a piece of mail is
the recipient's property from the time it's addressed by the
sender. While in transit, it's in the care and custody of USPS
and cannot be stolen without committing this crime.
1:47:15 PM
CHAIR GRAY returned to Section 1 of the bill and asked why the
threshold was set at three people. He asked whether two people
working together could constitute an effort to commit ORT.
MR. SKIDMORE explained that three people differentiates the
standard principle of accomplice liability that exists for two
people. He further explained that an individual stealing
$10,000 from five or more people is considered scheming to
defraud in Alaska statutes. The bill, he said, assumes a larger
coordinated effort to justify the higher penalty.
CHAIR GRAY argued that organized theft involving three people
would not necessarily create a business model.
MR. SKIDMORE disagreed. He contended that when three or more
people steal on more than one occasion, it does establish the
creation of a business model; however, the sentencing would need
to be determined by the court.
1:53:32 PM
REPRESENTATIVE KOPP asked about the statute of limitations for
ORT.
MR. SKIDMORE acknowledged that the statute of limitations would
apply to ORT, in addition to AS 11.46.980(e), which addresses
aggregation that occurs within six months. He offered that the
legislature could add a time limit to the provision for extra
precaution; however, he reiterated his understanding that two
incidents that occurred twenty years apart, for example, could
not be tied together. Beyond that, double jeopardy prohibits a
previous conviction from being used towards another charge.
1:56:40 PM
CHAIR GRAY considered a scenario in which three teenagers stole
from two separate Best Buy stores in the same day and asked
whether it would qualify.
MR. SKIDMORE said he had seen instances in which the court
describes that scenario as a single course of conduct; however,
each determination is "very fact driven."
1:58:40 PM
REPRESENTATIVE MINA asked for the definition of "coordination"
in this context.
MR. SKIDMORE explained "coordination" as people coming together
for a common scheme or plan. He shared an example, indicating
that physical presence isn't always necessary in a coordinated
effort.
1:59:50 PM
REPRESENTATIVE UNDERWOOD asked how a group of individuals would
be charged with ORT.
MR. SKIDMORE responded that each individual would be charged
with individual theft, which could be aggravated if they were
involved in multiple thefts; however, under current law, the
conduct cannot not be elevated to capture the organized
"business model" component.
CHAIR GRAY referred to Section 3 and asked whether the law
differentiates the type of mail that's stolen.
MR. SKIDMORE explained that there would be a difference between
bills, which have no monetary value, and checks; otherwise,
"mail is mail whether it's junk or not."
CHAIR GRAY asked whether Section 2 would apply to a stolen
prescription or medical bill with personal information.
MR. SKIDMORE answered yes.
CHAIR GRAY asked whether the bill would apply to electronic
medical information as well.
MR. SKIDMORE answered yes.
2:03:48 PM
[HB 106 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 106 Transmittal Letter version A.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |
| HB 106 Sectional Analysis version A.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |
| HB 106 FN Public Defender.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |
| HB 106 FN Public Advocacy.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |
| HB 106 FN DPS.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |
| HB 106 FN Law.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |
| HB 106 FN DOC.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |
| HB 106 FN Courts.pdf |
HJUD 2/24/2025 1:00:00 PM |
HB 106 |