Legislature(2025 - 2026)GRUENBERG 120
05/08/2025 03:15 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB40 | |
| HB146 | |
| HB170 | |
| HB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 40 | TELECONFERENCED | |
| += | HB 114 | TELECONFERENCED | |
| + | HB 146 | TELECONFERENCED | |
| += | HB 170 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 1 | TELECONFERENCED | |
HB 170-REPORTING VIOLENT CRIMES
4:11:33 PM
CHAIR CARRICK announced that the next order of business would be
HOUSE BILL NO. 170, "An Act relating to a failure to report a
violent crime."
4:12:08 PM
REPRESENTATIVE ROBYN NIAYUK BURKE, Alaska State Legislature, as
prime sponsor, reintroduced HB 170. She explained that HB 170
would seek to increase the penalties for failing to report
violent crimes committed against adults. The proposed
legislation would ensure accountability and justice for those
silent in the face of violence. She remarked that the bill is
part of an ongoing commitment to address the crisis of Missing
and Murdered Indigenous Persons (MMIP). She asked for bill
support not only to honor Kathleen Joe Henry but for all those
who demand justice and accountability.
4:13:11 PM
The committee took an at-ease from 4:13 p.m. to 4:15 p.m.
4:15:06 PM
REPRESENTATIVE VANCE moved to adopt Amendment 1 to HB 170,
labeled 34-LS0638\N.3, C. Radford, 5/5/25, which read as
follows:
Page 1, following line 2:
Insert a new bill section to read:
"* Section 1. AS 11.56.767(a) is amended to read:
(a) A person, other than the victim, commits the
offense of failure to report a violent crime committed
against an adult if the person, under circumstances
not requiring the person to report as required by
AS 11.56.765,
(1) witnesses what the person knows or
reasonably should know is
(A) the murder or attempted murder of a
person by another;
(B) the kidnapping or attempted kidnapping
of a person by another; [OR]
(C) the sexual penetration or attempted
sexual penetration by another
(i) of a person without consent of the
person;
(ii) of a person who is mentally incapable;
(iii) of a person who is incapacitated; or
(iv) of a person who is unaware that a
sexual act is being committed;
(D) human trafficking in the first degree
or attempted human trafficking in the first degree; or
(E) sex trafficking in the first degree or
attempted sex trafficking in the first degree; and
(2) does not, as soon as reasonably
practicable, report that crime to a peace officer or
law enforcement agency."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill section accordingly.
Page 1, line 8:
Following "APPLICABILITY.":
Insert "AS 11.56.767(a), as amended by sec. 1 of
this Act, and"
Delete "sec. 1"
Insert "sec. 2"
Delete "applies"
Insert "apply"
CHAIR CARRICK objected for the purpose of discussion.
REPRESENTATIVE VANCE explained that the proposed amendment would
add human and sex trafficking in the first degree to the list of
violent crimes that would require mandatory reporting. She said
that the bill should also include other egregious violent
crimes. She said that following discussions with the bill
sponsor, a first-degree classification was determined to keep
the bill "tight" and avoid any "gray areas." She remarked that
kidnapping was already listed in the proposed legislation and
human trafficking was part of it.
4:17:47 PM
CHAIR CARRICK noted that some individuals were available to help
facilitate questions.
4:18:11 PM
REPRESENTATIVE BURKE thanked Representative Vance for offering
the amendment but stated that it was her hope that HB 170 would
be passed through the committee as a clean bill. She remarked
that there were many different iterations of the bill and given
discussions with stakeholders, community members, and affiliates
with the Senate Companion Bill, the intent is to retain the
current bill structure. She discussed stipulations associated
with mandatory reporting of human and sex trafficking. She
opposed the amendment but was grateful for the discussion.
4:20:01 PM
CHAIR CARRICK asked Nancy Meade whether she could address
questions about current laws on sex and human trafficking. She
inquired about the legal classification of this type of crime
and whether it was classified as a violent crime.
4:20:49 PM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System, responded that to her knowledge,
the statutes do not define "violent crime", but the committee
may want to hear from Ms. Schroeder for clarification.
4:21:11 PM
KACI SCHROEDER, Senior Assistant Attorney General, Central
Office, Criminal Division, Department of Law (DOL), said that
"violent crime" is not defined in Alaska Statute (AS), however
the legislature has the ability to classify these definitions in
statute.
4:21:44 PM
REPRESENTATIVE HIMSCHOOT asked Ms. Meade whether she could speak
to how many people would potentially be charged for failing to
report human or sex trafficking and what would constitute
witnessing a crime. She gave an example of walking through an
airport and said that there needed to be something to make a
compelling argument for what would constitute a non-reporting
witness.
MS. MEADE said that witnesses have a normal definition that one
may think, "to observe or see something" but the statute also
includes what a person "knows or reasonably should know". She
said that this would be the standard used by DOL. She gave an
example of a possible witness of human trafficking by an
employer as someone getting captured by this type of statutory
language. She said that it would be more appropriate for DOL to
explain the timing related to these types of charges.
REPRESENTATIVE HIMSCHOOT redirected her question and asked for
clarification regarding what constitutes a witness in some of
the cases regarding human and sex trafficking. She was unsure
about the definitions.
REPRESENTATIVE MCCABE commented that there should be
definitions.
4:24:31 PM
CHAIR CARRICK asked whether Ms. Meade could help clarify the
definitions associated with human and sex trafficking.
MS. MEADE responded that human trafficking in the first degree
is defined under AS 11.41.360, [subsection (a)], which read as
follows:
Sec. 11.41.360. Human trafficking in the first
degree.
(a) A person commits the crime of human
trafficking in the first degree if the person compels
or induces another person to engage in sexual conduct,
adult entertainment, or labor in the state by force or
threat of force against any person, or by deception.
MS. MEADE explained the stipulations of inducing and remarked
that sex trafficking is confined to prostitution-type
situations. She explained that human trafficking and sex
trafficking are different. She said that previous attempts
have been made to change legal definitions.
REPRESENTATIVE HIMSCHOOT said that she wanted to know how much
this amendment would expand the proposed bill and how many more
people could be charged as witnesses.
CHAIR CARRICK remarked that Ms. Schroeder could address this
question.
4:26:18 PM
MS. SCHROEDER explained that the elements of the offense are
that someone witnesses, knows, or reasonably should know that
human or sex trafficking, or an attempt thereof, is occurring.
She said that the witness must "see" it and "know", and she
related the concept to the proposed amendment. She said there
is a definition in statute of knowing so the person would have
to be aware of the conduct and the circumstance. Knowledge is
established if the person is aware of a substantial probability
unless the person believes is did not. In this case, the state
would be required to prove beyond a reasonable doubt that the
person knew in the event charges were made. She could not say
how many people might get captured under the proposed amendment.
She said that based on the testimonies that have been given with
previous bills, there are attempts to change definitions for
this "insidious conduct." She said that often great efforts are
made to hide what is going on, and both investigations and
prosecutions are complex. She said that it is possible that
someone could witness this and not actually know what was being
witnessed. She said that a participant in prostitution could be
a technical witness and could be charged in conjunction with
other crimes.
4:28:08 PM
REPRESENTATIVE MCCABE said that this Amendment 1 would give a
prosecutor some extra tools to suggest that someone was a
witness to this type of crime. He gave a theoretical example of
trafficking people in a parking lot at gunpoint. He said that
prosecution could say that they thought someone was a witness
and if they withheld information there would be a penalty. He
asked Ms. Schroeder whether she thought this was an appropriate
characterization.
MS. SCHROEDER responded that it would be another tool, but she
suggested that cases would probably be egregious in nature where
prosecutors thought there may be a non-reporting witness, and
they knew what they were witnessing before any charges followed.
REPRESENTATIVE MCCABE asked whether Ms. Schoeder thought the
sideboards on this were sufficient to protect somebody from
being falsely accused.
MS. SCHROEDER responded that she could not speak to whether
someone would be accused of witnessing something. However, she
said that the "knowing" standard is a relatively high standard
and it should protect somebody from witnessing something without
knowing what it was. She discussed the mechanics of "knowing"
and proving it. She said that knowing would be a standard above
a simple suspicion.
REPRESENTATIVE MCCABE speculated that this would be a much
higher standard than "see something/say something."
MS. SCHROEDER responded that that was a correct assessment. She
added that someone would also need to "know" that they have a
duty to report, which adds an extra layer of complication to
investigations.
4:30:44 PM
CHAIR CARRICK removed her objection to the motion to adopt
Amendment 1 to HB 170.
4:31:02 PM
REPRESENTATIVE STORY objected and asked Representative Burke for
clarification as to why she did not want to add Amendment 1 at
this time and what she had learned from previous discussions
about this issue.
REPRESENTATIVE BURKE responded that with various iterations of
the proposed bill, different levels of crime were considered.
She remarked that this was not an amendment she had previously
considered. She noted that this was the bill's first committee
and said that she wants to continue conversations with
stakeholders, constituents, community members, and the sponsor
of the companion bill in the Senate. She noted that the
proposed legislation still had referral to the House Judiciary
Standing Committee where it could have additional scrutiny and
amendments. She said it was her intent to move the bill without
amendments and conversations could take place in the next
committee of referral.
REPRESENTATIVE STORY maintained her objection.
4:32:34 PM
A roll call vote was taken. Representatives Vance and McCabe
voted in favor of Amendment 1 to HB 170. Representatives
Holland, Story, Moore, Himschoot, and Carrick voted against it.
Therefore, Amendment 1 failed to be adopted by a vote of 2-5.
4:33:25 PM
CHAIR CARRICK said that she hoped that this amendment would get
added in the future committee of referral following additional
research and outreach. She appreciated the arguments regarding
the topic.
4:34:04 PM
REPRESENTATIVE VANCE thanked Representative Burke for bringing
the bill forward. She said that when first looking at the
proposed legislation, it did not sit well with her. However,
after looking at existing statutory references, the [necessity
for adding] these egregious trafficking crimes was clear. She
commented that there are a lot of organizations that have been
fighting human trafficking in Alaska. She expressed intent to
work with Representative Burke to add mechanisms to address this
type of crime. She emphasized the desire to bring awareness to
Alaska's communities and make appropriate laws for the people.
4:36:04 PM
REPRESENTATIVE HIMSCHOOT asked Ms. Schroeder for clarification
regarding how Alaska defines violent crime.
4:36:25 PM
MS. SCHROEDER responded that there is no statutory definition
for violent crime in Alaska.
REPRESENTATIVE HIMSCHOOT explained that she was trying to digest
what the words mean and how they apply to the proposed bill.
4:36:50 PM
REPRESENTATIVE BURKE cited AS 11.56.767 [subsection (a),
paragraph (1)], which read as follows:
Sec. 11.56.767. Failure to report a violent crime
committed against an adult.
(a) A person, other than the victim, commits the
offense of failure to report a violent crime committed
against an adult if the person, under circumstances
not requiring the person to report as required by AS
11.56.765,
(1) witnesses what the person knows or reasonably
should know is
(A) the murder or attempted murder of a person by
another;
(B) the kidnapping or attempted kidnapping of a
person by another; or
(C) the sexual penetration or attempted sexual
penetration by another
(i) of a person without consent of the
person;
(ii) of a person who is mentally incapable;
(iii) of a person who is incapacitated; or
(iv) of a person who is unaware that a
sexual act is being committed; and
REPRESENTATIVE HIMSCHOOT asked for additional clarification
regarding how these definitions would be interpreted.
CHAIR CARRICK commented that these were the interpretations
addressed by both Ms. Meade and Ms. Schroeder.
REPRESENTATIVE HIMSCHOOT said that she was "blown away" that a
crime could be considered violent in one statute but not violent
in another statute.
CHAIR CARRICK asked Ms. Schroeder if she could clarify how
violent crime is utilized under AS.
4:38:43 PM
MS. SCHROEDER responded that it was not utilized often and when
used it appears in contexts like this. She said the offense
goes on to describe what is meant by the word "violent".
CHAIR CARRICK echoed Representative Himschoot's line of inquiry
concerning these nuances regarding violent crime classification.
4:39:52 PM
REPRESENTATIVE STORY moved to report HB 170 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 170 was reported out of the
House State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 146 Sponsor Statement 4.10.2025.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 146 |
| HB 146 Ver I.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 146 |
| HB 146 Ver I Sectional Analysis 4.10.2025.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 146 |
| HB 146 Rep Hall Presentation.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 146 |
| HB 146 Backup Leg Research Origins of Alaska’s Constitutional Right to Privacy.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 146 |
| HB 170 Written Testimony Rec'd 5-7-25.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 170 |
| HB 1 Written Testimony Rec'd 4-29-25.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 1 |
| HB 170 Amendment #1 HSTA.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 170 |
| HB 1 DCRA Response to HSTA 5.7.25.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 1 |
| HB 146 Fiscal Note DOLWD-ALRA-05-02-25.pdf |
HSTA 5/8/2025 3:15:00 PM |
HB 146 |