Legislature(2019 - 2020)GRUENBERG 120
02/20/2020 03:00 PM House STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB148 | |
| SB144 | |
| HB225 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 144 | TELECONFERENCED | |
| *+ | HB 148 | TELECONFERENCED | |
| *+ | HB 225 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 225-PROSTITUTION/TRAFFICKING; VACATE CONVICT.
4:03:37 PM
CO-CHAIR KREISS-TOMKINS announced that the final order of
business would be HOUSE BILL NO. 225, "An Act relating to sex
trafficking; establishing the crime of patron of a victim of sex
trafficking; relating to the crime of human trafficking;
relating to sentencing for sex trafficking and patron of a
victim of sex trafficking; establishing the process for a
vacation of judgment for a conviction of prostitution; and
providing for an effective date."
4:03:49 PM
JOHN SKIDMORE, Deputy Attorney General, Department of Law (DOL),
on behalf of the House Rules Committee by request of the
governor, stated that human trafficking is "forced labor"; over
1 million people per year are forced into labor trafficking - or
human trafficking - and 25 million currently are victims of
human trafficking globally. He mentioned a USA Today article
[2/20/20] discussing Airbnb's commitment to fight human
trafficking. He said that there are approximately 20,000-50,000
individuals in the U.S. who are victims of human trafficking;
and according to [Encyclopedia] Britannica, the U.S. is one of
the most significant destinations for victims of sex
trafficking. Sex trafficking is the third most profitable
business for organized crime, following drug trafficking and
arms trades. Organized crime is making $32 billion per year
from human trafficking and sex trafficking. He offered that
there are federal laws addressing the issue and several states
have begun to adjust their laws to align with those of the
federal government to ensure that they can appropriately respond
to these issues. He cited a 1/30/18 USA Today article which
stated that every year 10,000 minors become victims of sex
trafficking in the U.S. A 2016 study from the Center for Court
Innovation, [entitled "Youth Involvement in the Sex Trade"],
reported 8,900-10,500 victims of sex trafficking between the
ages of 13-17. He mentioned that the number of women in Alaska
domestic violence shelters who are victims of sex trafficking or
human trafficking increased 115 percent from 2016 and 2019. He
acknowledged that the number is not large - in 2019 only 42
people - but it is increasing. The Alaska Native Justice Center
worked with 126 victims in 2018; Priceless Alaska - an anti-sex
trafficking organization in Anchorage - is working with 150
survivors of sex trafficking and 16 are in shelter currently.
MR. SKIDMORE maintained that human and sex trafficking are
issues that impact the state, and Alaska must be prepared to
respond appropriately. He said that the goal of HB 225 is to
bring Alaska closer in line with the federal government and
other states in classifying and in responding to sex trafficking
and human trafficking. Under HB 225, Alaska will look at best
practices. The effort will take coordination with police
departments, the Department of Public Safety (DPS), and the
Department of Law (DOL). He asked the committee to assist in
ensuring that law enforcement and prosecutors have the tools
necessary to participate in this effort effectively. He said
that most of the cases in Alaska have been referred to the
Federal Bureau of Investigation (FBI) because law enforcement
personnel do not believe that Alaska statutes are adequate.
4:10:07 PM
MR. SKIDMORE reviewed the sectional analysis, which read:
Section 1 is conforming changes to the amendments made
in section 2.
Section 2 enacts a new offense series; sex trafficking
in the first, second, and third degrees. In essence a
person is guilty of sex trafficking in the first
degree (unclassified sex felony) if the person
traffics a person under the age of 20, uses force when
trafficking a person, or manages a place of
prostitution. A person is guilty of sex trafficking in
the second degree (class A sex felony) if the person
recruits, entices, or otherwise induces or causes a
person to engage in commercial sexual conduct. Sex
trafficking in the first and second degrees would be
sentenced under the enhanced penalties for sexual
felonies and the person would be required to register
as a sex offender.
4:14:41 PM
A person is guilty of sex trafficking in the
third degree if the person provides resources in
furtherance of the commission of sex trafficking. Sex
trafficking in the third degree is a class B felony if
the value of the resources is $200 or more and a class
C felony if the value of the resources is less than
$200. A person who commits sex trafficking in the
third degree would be sentenced under the enhanced
sexual felony sentences but would not be required to
register as a sex offender.
This section also enacts the new crime of "patron
of a victim of sex trafficking." A person is guilty of
being a patron of a victim of sex trafficking if the
person solicits sexual conduct with reckless disregard
that the person they are soliciting is a victim of sex
trafficking. If the person solicited is under 18 years
of age this offense will be a B sex felony. If the
person solicited is an adult, this offense will be a C
sex felony. This crime would be sentenced under then
enhanced penalties for sexual felonies and the person
would be required to register as a sex offender.
While there are sex trafficking crimes already in
statute, these new crimes are broader and have updated
language to capture the ways in which sex trafficking
actually occurs. The sex trafficking statutes in
current law are repealed as that offense will now
appear in AS 11.41 as specified in this section.
MR. SKIDMORE added that AS 11.41 is traditionally the location
of all statutes that represent crimes against persons. He also
discussed "a place of prostitution" as not being clearly defined
in the proposed legislation: it is not a residence someone is
using for himself or herself, but one that the person is
allowing someone else to lease for sex trafficking. He
acknowledged that the definition needs adjustment. He also
explained the justification for the $200 threshold in third
degree sex trafficking in terms of the cost of moving victims
around Alaska.
4:18:07 PM
MR. SKIDMORE continued to review the sectional analysis, which
read:
Section 3 amends the crime of human trafficking in the
first degree to be an unclassified felony when the
person uses force against the victim or the victim is
under the age of 20.
Section 4 denotes that human trafficking in the first
degree is an unclassified felony.
Section 5 amends human trafficking in the second
degree to include situations in which the perpetrator
(1) exposes or threatens to expose confidential
information or a secret, whether true or false,
tending to subject a person to hatred, contempt, or
ridicule;
(2) destroys, conceals, or threatens to destroy
or conceal an actual or purported passport or
immigration document or another actual or purported
identification document of any person;
(3) threatens to report a person to a government
agency for the purpose of arrest or deportation;
(4) threatens to collect a debt;
(5) instills in another person a fear that the
person will withhold from any person lodging, food,
clothing, or medication;
(6) provides or withholds controlled substances
from the person; or
(7) deceives the victim.
Section 6 denotes that human trafficking in the second
degree is a class A felony.
Section 7 Enacts the new crime of human trafficking in
the third degree. A person is guilty of human
trafficking in the third degree if the person provides
resources in furtherance of human trafficking. Human
trafficking in the third degree is a class B felony if
the value of the resources is $200 or more and a class
C felony if the value of the resources is less than
$200.
This section also clarifies that corroboration of
a victim's testimony is not necessary. This codifies
current law in that a jury has the ability to convict
based on a victim's testimony alone. This section is
in current law and is simply relocated to AS 11.41
along with the rest of the sex trafficking statutes.
This section also makes clear that any property used
to commit sex or human trafficking may be forfeited.
Section 8 is the definition section for sex
trafficking and human trafficking.
Section 9 clarifies that the crime of coercion is only
to be used if the sex trafficking or human trafficking
elements are not present.
Section 10 cleans up the references to sex trafficking
in the prostitution statute.
Section 11 makes a conforming change to a provision
that is repealed in the repealer section (being a
patron of a prostitute under the age of 18).
Sections 13 19 make conforming changes to sex
trafficking and human trafficking references that
appear in those statutes.
Section 20 establishes that human trafficking in the
first degree, as an unclassified felony, will be
sentenced between five and 99 years.
Section 21 makes conforming amendments to AS
12.55.125(i), the sex offense sentencing statutes,
incorporating the new sex trafficking statutes and
patron of a victim of sex trafficking statute. This
ensures that these offenses will be subject to the
higher sentences associated with sex offenses.
4:25:37 PM
Section 22 makes conforming changes to the statutory
definition of "most serious felony," by removing sex
trafficking in the first degree, which is then added
to the statutory definition of "sexual felony" in
section 23.
Section 23 adds sex trafficking and patron of a victim
of sex trafficking to the definition of "sexual
felony."
Section 24 makes changes to the definition of "serious
offense" reflecting the changes made to the sex
trafficking and human trafficking statutes.
Section 25 adds sex trafficking in the first and
second degree and patron of a victim of sex
trafficking to the list of registerable sex offenses.
Section 26 establishes a process whereby people who
have been convicted of prostitution can get that
conviction vacated if they are able to show that they
were a victim of sex trafficking at the time that they
committed the prostitution offense. If the conviction
is vacated the court system may not publish records
relating to the conviction on CourtView nor may the
Department of Public Safety release that information
as part of an employment background check.
CO-CHAIR KREISS-TOMKINS asked whether the provision described in
Section 26 exists in other states.
MR. SKIDMORE responded that some states have provisions under
which the conviction can be removed; some states mandate that a
person under the age of 18 cannot be convicted for prostitution.
He added that such modifications could be made to the proposed
legislation; he is open to suggestion.
4:30:04 PM
REPRESENTATIVE HOPKINS asked why, under the proposed
legislation, the victim in a class B misdemeanor would be
defined as a criminal.
MR. SKIDMORE answered that sex trafficking can victimize anyone
of any age; therefore, Section 26 provides that anyone who is a
victim could have the conviction removed. He relayed that the
focus of many other states is on minors; federal law
automatically considers a person under the age of 18 involved
with sex trafficking a victim. He maintained that HB 225 is
trying to achieve this "best practice"; however, for someone who
is age 18 or older, engaging in prostitution is still a class B
misdemeanor with a penalty of up to 90 days in jail. For people
who are trafficked, the state would still pursue the traffickers
while providing the trafficked person a means to maintain that
he/she was a victim and should not have the conviction on
his/her record.
REPRESENTATIVE HOPKINS referred to paragraph four of the 1/24/20
transmittal letter from Governor Michael J. Dunleavy, included
in the committee packet, which read:
The threat of being charged with a crime is often a
tactic that traffickers will use to continue to
control their victims. It is important for society to
recognize that these victims often have no other
choice, and they should not be treated as criminals
when they are, in fact, victims themselves.
REPRESENTATIVE HOPKINS stated that under Alaska law all the
trafficked victims are being criminalized and the burden of
proof is on them to have the conviction vacated. He described a
scenario of a shipload or a truckload of trafficked victims
brought into Alaska from a foreign country or a 20-year-old who
has been sex trafficked for the past ten years. The victim
would be required to produce evidence and navigate the Alaska
Court System. He asked why HB 225 is not written so that these
victims would not have to go to court.
MR. SKIDMORE responded that individuals in those circumstances
would not be prosecuted for prostitution; the state would have
no interest in prosecuting them. Law enforcement would ask
their cooperation and work with them to build a case for
prosecution [of the traffickers]. In answer to Representative
Hopkins's question, he offered that the legislature could make
the law specific to prevent them from being prosecuted.
REPRESENTATIVE HOPKINS asked why that specific law was not
included in the proposed legislation.
MR. SKIDMORE replied that the approach of the administration was
to correct past harms that occurred. The past harm involves
people who have already been prosecuted; the proposed
legislation was drafted to help those people vacate their
convictions. He stated that in the scenario described,
prosecutors would not pursue those victims for prosecution;
therefore, it was not addressed in HB 225; however, the
legislature could prevent it from ever happening through
legislation.
REPRESENTATIVE HOPKINS expressed his interest in incorporating
that provision into the proposed legislation.
4:35:50 PM
REPRESENTATIVE VANCE asked whether the wording in the proposed
legislation is to distinguish between someone who chooses
prostitution and someone who is a victim of sex trafficking.
MR. SKIDMORE restated the question: How would we differentiate
between those who are victims and those who are not? He
maintained that it is an important challenge - how to
differentiate and who makes that determination. He offered that
other states have focused on minors; he hasn't seen a provision
that addresses adults.
MR. SKIDMORE continued to review the sectional analysis, which
read:
Sections 27 29 make conforming changes to the
changes made to the sex trafficking statutes.
Section 30 clarifies that if a person's prostitution
conviction made them ineligible for a permanent fund
dividend and that conviction was vacated under section
26 of the bill, the person would be eligible for a
permeant fund dividend from the date of the vacation
forward.
Sections 31-34 make conforming changes to the changes
made to the sex trafficking statutes.
Section 35 is the repealer section.
Section 36 is the applicability section. The majority
of this bill will apply to offenses occurring on or
after the effective date.
Section 37 establishes the effective date as July 1,
2020.
4:39:55 PM
REPRESENTATIVE HOPKINS asked whether a victim working to vacate
a class B misdemeanor crime would have access to a public
defender or would have to hire an attorney.
4:40:57 PM
SAMANTHA CHEROT, Public Defender, Public Defender Agency,
answered that under HB 225, there would not be a mechanism for
the victim to have an appointed counsel in that type of
situation.
REPRESENTATIVE STORY relayed that she has heard that for people
engaged in prostitution, it is not a choice; it has more to do
with the economic system, a limited income, and the need to
provide for a family.
CO-CHAIR KREISS-TOMKINS stated HB 225 would be held over.