02/23/2024 01:30 PM House JUDICIARY

          HB 107-CRIMINAL LAW DEFINITIONS PERSON/LIFE                                                                       
                                                                                                                                
1:47:31 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  announced that the  next order of business  would be                                                               
HOUSE  BILL   NO.  107,   "An  Act   relating  to   criminal  law                                                               
definitions."                                                                                                                   
                                                                                                                                
1:47:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KEVIN  MCCABE,  Alaska State  Legislature,  prime                                                               
sponsor of HB 107, introduced himself for the record.                                                                           
                                                                                                                                
1:48:16 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:49:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE presented  HB 107,  as the  prime sponsor.                                                               
He paraphrased  the sponsor statement [included  in the committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     HB107  establishes legal  definitions  of "person"  and                                                                    
       ife" in AS 11.81.900.                                                                                                    
                                                                                                                                
     "Person" means a natural person  or entity that has the                                                                    
     moral right of self-determination.                                                                                         
                                                                                                                                
     "Life"  is  defined as  the  property  or quality  that                                                                    
     distinguishes a  living organism  from a  dead organism                                                                    
     or  inanimate  matter and  that  is  manifested in  the                                                                    
     function  of  a  metabolism,  growth,  reproduction,  a                                                                    
     response to  stimuli, or  adaption to  the environment,                                                                    
     each of which originates within the organism.                                                                              
                                                                                                                                
     The Alaska Constitution, in article  I, section 1, says                                                                    
     all persons have  a natural right to  life. Thus, every                                                                    
     person's right to life must  be protected by the State.                                                                    
     Article 1, section 3, further  states that no person is                                                                    
     to be  denied the enjoyment  of any civil  or political                                                                    
     right because  of race, color, creed,  sex, or national                                                                    
     origin.  This  is  true regardless  of  age,  level  of                                                                    
     dependency,   citizenship,  or   viability.  And   this                                                                    
     protection must not  be denied to any human    even the                                                                    
     pre-born.  Further,  a   viability  test  to  determine                                                                    
     whether a  person's life is worthy  of protection would                                                                    
     also be unlawful.                                                                                                          
                                                                                                                                
1:50:49 PM                                                                                                                    
                                                                                                                                
JULIE MORRIS,  Staff, Representative  Kevin McCabe,  Alaska State                                                               
Legislature, on  behalf of  Representative McCabe,  prime sponsor                                                               
of  HB 107,  presented  the sponsor  statement  [included in  the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section  1: Amends  AS  11.81.900(b)(47) definition  of                                                                    
     "person" to include an entity  that has the moral right                                                                    
     of self-determination.                                                                                                     
                                                                                                                                
     Section  2:   Adds  a  definition   of  "life"   to  AS                                                                    
     11.81.900(b).                                                                                                              
                                                                                                                                
     Section  3:  Amends  uncodified law  of  the  State  of                                                                    
     Alaska to add a new  section outlining that the changes                                                                    
     made  herein apply  to offenses  committed on  or after                                                                    
     the effective date.                                                                                                        
                                                                                                                                
REPRESENTATIVE MCCABE,  in closing,  read three clauses  from the                                                               
Alaska Constitution: Article 1, Section  1; Article 1, Section 3;                                                               
and [Article  1], Section 22.   He said  HB 107 would  affirm the                                                               
principle established in Article 1,  Section 3, by ensuring equal                                                               
protection  for  all individuals  regardless  of  their stage  of                                                               
development or characteristics.                                                                                                 
                                                                                                                                
1:53:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  considered a scenario in  which a pregnant                                                               
woman  was murdered.   She  asked whether  the offender  would be                                                               
held liable for killing the child, in addition to the mother.                                                                   
                                                                                                                                
1:53:48 PM                                                                                                                    
                                                                                                                                
JOHN  SKIDMORE,  Deputy   Attorney  General,  Criminal  Division,                                                               
Alaska  Department  of  Law  (DOL),  cited  AS  11.41.150,  which                                                               
indicates that someone  can be held responsible for  the death of                                                               
an unborn  child, which  is later  defined in  AS 11.81.900.   In                                                               
this circumstance, the person who  caused the death of the mother                                                               
would also  be required  to have  the intent  to kill  the unborn                                                               
child or another person.   Effectually, so long as the individual                                                               
was trying  to kill either  the unborn  child or the  mother, and                                                               
the  unborn  child  died  as  a  result,  that  person  could  be                                                               
prosecuted.   In  response to  a follow  up question,  he defined                                                               
"unborn child" as  "a member of the species Homo  Sapiens, at any                                                               
stage of development, who is carried in the womb."                                                                              
                                                                                                                                
1:56:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SUMNER   asked  whether  the  bill   sponsor  was                                                               
concerned that  the bill  language referring  to "an  entity that                                                               
has a  moral right of  self-determination" could  be extrapolated                                                               
to apply to non-human animals.                                                                                                  
                                                                                                                                
REPRESENTATIVE  MCCABE acknowledged  that  the  word "human"  was                                                               
missing  from  the  bill.     He  indicated  that  a  forthcoming                                                               
amendment would be proposed to address the problem.                                                                             
                                                                                                                                
1:57:26 PM                                                                                                                    
                                                                                                                                
MS. MORRIS stated that "human" would  be inserted on page 1, line                                                               
8 after the words "distinguishes a."                                                                                            
                                                                                                                                
REPRESENTATIVE  SUMNER  pointed out  that  line  8 addressed  the                                                               
definition of "life," whereas he  was referring to the definition                                                               
of "person" on page 1, lines 4-5.                                                                                               
                                                                                                                                
REPRESENTATIVE MCCABE  opined that humans are  better at defining                                                               
"death"  than "life."    He  said the  bill  was  his attempt  at                                                               
defining "life" in statute.                                                                                                     
                                                                                                                                
1:59:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH asked  whether a  fetus would  qualify as  a                                                               
person.                                                                                                                         
                                                                                                                                
REPRESENTATIVE MCCABE answered yes, "a developing person."                                                                      
                                                                                                                                
REPRESENTATIVE  GROH  asked  whether   there  was  any  point  in                                                               
pregnancy when a fetus would not qualify as a person.                                                                           
                                                                                                                                
REPRESENTATIVE MCCABE answered no.                                                                                              
                                                                                                                                
REPRESENTATIVE GROH  asked whether the bill  would allow abortion                                                               
providers to be prosecuted for murder.                                                                                          
                                                                                                                                
REPRESENTATIVE  MCCABE shared  his belief  that for  some medical                                                               
procedures, doctors are protected.  He  added that it was not the                                                               
intent of the  bill to "send the storm troopers"  into a doctor's                                                               
office for performing an abortion.                                                                                              
                                                                                                                                
2:00:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  asked whether the bill  could allow abortion                                                               
providers to be prosecuted for murder.                                                                                          
                                                                                                                                
MR. SKIDMORE  explained that the  first section of the  bill that                                                               
redefined a  person as an  entity with  the moral right  of self-                                                               
determination seemed broad.   He shared his belief  some case law                                                               
in Alaska  might make the  use of  statute to punish  someone for                                                               
engaging in  an abortion unconstitutional.   Ultimately,  he said                                                               
yes,  the  bill  would  allow  the state  to  file  charges  [for                                                               
providing  an abortion];  however,  he was  unsure whether  those                                                               
charges  would  be allowed  to  move  forward through  the  court                                                               
system.                                                                                                                         
                                                                                                                                
2:02:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH asked  whether the  criminal law  is set  up                                                               
with broad definitions or more specific definitions.                                                                            
                                                                                                                                
MR. SKIDMORE said most definitions  within criminal law are meant                                                               
to provide guidance to practitioners,  courts, and citizenry as a                                                               
whole.   If  a concept  or  definition is  too broad,  it can  be                                                               
voided  for "vagueness,"  because  it does  not provide  adequate                                                               
notice to the general public about what is wrong.                                                                               
                                                                                                                                
REPRESENTATIVE GROH  referenced an  Alabama court  decision about                                                               
the treatment of In vitro fertilization  (IVF) under the law.  He                                                               
asked  whether the  bill would  have  ramifications for  families                                                               
trying to use assistive reproductive technologies.                                                                              
                                                                                                                                
REPRESENTATIVE MCCABE  posited that  the practice of  IVF further                                                               
supports  the notion  that the  preborn child  is an  independent                                                               
life,  as evidence  by the  initiation of  implantation into  the                                                               
womb by  an embryo.   He remarked, "This underscores  the passive                                                               
role of the mother's body."                                                                                                     
                                                                                                                                
2:05:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  asked whether healthcare providers  would be                                                               
allowed to dispose of embryos  following an IVF procedure if this                                                               
bill were to become law.                                                                                                        
                                                                                                                                
REPRESENTATIVE MCCABE  said he  was not  equipped to  answer that                                                               
question.  He deferred to Mr. Skidmore.                                                                                         
                                                                                                                                
REPRESENTATIVE GROH asked Mr. Skidmore  how the bill would impact                                                               
families undergoing IVF.                                                                                                        
                                                                                                                                
2:06:18 PM                                                                                                                    
                                                                                                                                
MR.  SKIDMORE said  he had  not had  a chance  to consider  those                                                               
concepts or think about how they might be applied.                                                                              
                                                                                                                                
2:07:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH asked whether a  pregnant woman could seek an                                                               
abortion to access chemotherapy should the bill become law.                                                                     
                                                                                                                                
REPRESENTATIVE  MCCABE  pointed  out  that  [medical]  procedures                                                               
could be  debated at  length.   In response  to the  question, he                                                               
answered no,  the decision  to "triage" between  a woman  and her                                                               
unborn  child would  be a  medical decision  between patient  and                                                               
doctor.                                                                                                                         
                                                                                                                                
2:09:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH directed the question to Mr. Skidmore.                                                                      
                                                                                                                                
MR. SKIDMORE  reiterated that the  law would allow charges  to be                                                               
filed under the state, but the  application of statute may or may                                                               
not be  found constitutional given  case law in  Alaska regarding                                                               
the  right  to  privacy  and   its  interaction  with  healthcare                                                               
decisions.                                                                                                                      
                                                                                                                                
2:11:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH  asked  whether surgery  to  address  atopic                                                               
pregnancies would be criminal should the bill pass.                                                                             
                                                                                                                                
MR. SKIDMORE reiterated that the  statutes would allow someone to                                                               
be charged; however, there are  also defenses in statute allowing                                                               
an individual  to engage in  causing the death of  another person                                                               
when its justified or in defense of someone's life.                                                                             
                                                                                                                                
2:14:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  pointed out  that Representative  McCabe had                                                               
described  a women's  body  as "passive"  during  the process  of                                                               
embryo implantation.  He asked  whether embryo implantation is an                                                               
example of the moral right of self-determination.                                                                               
                                                                                                                                
REPRESENTATIVE  MCCABE  responded that  he  was  not equipped  to                                                               
answer  that  question.   He  cited  150-year-old  research  that                                                               
determined that  the embryo  is separate  from the  mother's body                                                               
and contains separate DNA from the mother.                                                                                      
                                                                                                                                
REPRESENTATIVE GRAY  pointed out  that Representative  McCabe was                                                               
referencing  research  from  1903,  1870, and  1868.    He  asked                                                               
whether cell division  is an example of the moral  right of self-                                                               
determination.                                                                                                                  
                                                                                                                                
REPRESENTATIVE MCCABE said he did  not consider cell division the                                                               
moral right of self-determination, but he did consider it life.                                                                 
                                                                                                                                
2:18:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY shared his understanding  that the bill would                                                               
not change  the practice of  abortion in  Alaska.  He  asked what                                                               
would change if the bill were to become law.                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  said his  intent was  to define  "life" in                                                               
statute.                                                                                                                        
                                                                                                                                
2:19:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY sought  to verify that should  the bill pass,                                                               
there would be no changes to the legal system and no new crimes.                                                                
                                                                                                                                
MR. SKIDMORE said  DOL had provided an  indeterminate fiscal note                                                               
due to the broadness of the term  in Section 2.  He said he would                                                               
need to see  the forthcoming amendment to give  a more definitive                                                               
answer.                                                                                                                         
                                                                                                                                
2:20:45 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced that HB 107 would be held over.