02/26/2024 01:30 PM House JUDICIARY

              HB 238-CRIMINAL MISCHIEF 3RD DEGREE                                                                           
                                                                                                                                
1:35:09 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the first order of  business would be                                                               
HOUSE BILL NO. 238, "An Act  relating to criminal mischief in the                                                               
third degree; and providing for an effective date."                                                                             
                                                                                                                                
1:35:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDY JOSEPHSON,  Alaska State  Legislature, prime                                                               
sponsor of HB 238, introduced himself for the record.                                                                           
                                                                                                                                
1:35:45 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:36:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   paraphrased  the   sponsor  statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     The  Anti-Defamation League  reports that  recent years                                                                    
     have  seen the  most antisemitic  vandalism since  they                                                                    
     started   reporting  in   1979.  The   Municipality  of                                                                    
     Anchorage  saw  at  least  two  notable  incidences  of                                                                    
     vandalism on  churches: a  nazi symbol  of the  lawn of                                                                    
     Mountain City Church  and spray-painted phallic symbols                                                                    
     on St. Andrew Catholic  church. Instances such as these                                                                    
     show  that 1)  targeted  vandalism  based on  religious                                                                    
     worship can affect anybody, and  2) we should not treat                                                                    
     these types of crime as simple property damage.                                                                            
                                                                                                                                
     HB 238  amends AS  11.46.482: Criminal Mischief  in the                                                                    
     3rd Degree  to include a  common criminal law  known as                                                                    
     "Institutional  Vandalism."  Forty-two states  and  the                                                                    
     District of  Columbia have passed laws  which emphasize                                                                    
     and   punish   criminal   behavior   related   to   the                                                                    
     destruction of property used for,  or owned by, a place                                                                    
     of worship or the site of burial or cemetery.                                                                              
                                                                                                                                
     Alaska  already   makes  it  a  C   felony  to  deface,                                                                    
     desecrate,  or destroy  a cemetery  or place  of burial                                                                    
     under  AS 11.46.482.  Without  that specific  language,                                                                    
     desecrating  a   cemetery  would  fall   under  typical                                                                    
     destruction   of  property.   Typical  destruction   of                                                                    
     property  is  punished  based  on   the  value  of  the                                                                    
     property:                                                                                                                  
          • C felony if the property value was $750 or more                                                                     
          (AS 11.46.482);                                                                                                       
          • A misdemeanor if the property value was between                                                                     
          $250 and $750 (AS 11.46.484);                                                                                         
          • B misdemeanor if the property value was less                                                                        
          than $250 (AS 11.46.486)                                                                                              
                                                                                                                                
     Destruction of  religious property or place  of worship                                                                    
     is treated  like any  other property  crime; Therefore,                                                                    
     it falls  under the above  measures. HB 238  would make                                                                    
     any  intentional desecration  of religious  property or                                                                    
     place of  worship a C  felony just like vandalism  to a                                                                    
     place of burial.                                                                                                           
                                                                                                                                
1:41:35 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE sought questions from committee members.                                                                            
                                                                                                                                
1:41:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY asked whether  mosques, Buddhist temples, and                                                               
other places of worship would be included in the bill.                                                                          
                                                                                                                                
REPRESENTATIVE JOSEPHSON answered in the affirmative.                                                                           
                                                                                                                                
1:42:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON read  an excerpt from a  book by Phyllis                                                               
Gerstenfeld, titled  "The ADL  Perspective on  Hate Crimes."   He                                                               
noted that in  the aggravating section of  Alaska Statutes, there                                                               
is  no inclusion  of  religion.   Consequently,  if someone  were                                                               
targeted for their religious belief,  the Alaska courts would not                                                               
enhance the punishment.                                                                                                         
                                                                                                                                
1:45:40 PM                                                                                                                    
                                                                                                                                
ALEXANDER  SCHROEDER,   Staff,  Representative   Andy  Josephson,                                                               
Alaska State Legislature, on  behalf of Representative Josephson,                                                               
prime sponsor of  HB 238, explained that there  are five criminal                                                               
mischief statutes  with the first  degree being a class  A felony                                                               
and the fifth degree being a  class B misdemeanor.  The intent of                                                               
the bill, he explained, is  to reclassify what would fall between                                                               
the  third and  fifth degrees    or  "institutional vandalism"  -                                                               
under the third  degree.  He directed attention  to a PowerPoint,                                                               
titled  "HB 238:  Criminal Mischief  in the  Third Degree"  [hard                                                               
copy included in the committee packet].                                                                                         
                                                                                                                                
1:46:54 PM                                                                                                                    
                                                                                                                                
MR. SCHROEDER began on slide  2, "Institutional Vandalism," which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
      Intentional defacement, damage, or desecration of a                                                                       
     building of worship.                                                                                                       
                                                                                                                                
       42 states and D.C. make this a distinct crime from                                                                       
     property damage.                                                                                                           
                                                                                                                                
      US Department of Justice and FBI report an increase                                                                       
       in recent years of crimes to property motivated by                                                                       
     religious bias.                                                                                                            
                                                                                                                                
1:48:17 PM                                                                                                                    
                                                                                                                                
MR. SCHROEDER  continued to slide  3, which exhibited  the states                                                               
with  institutional vandalism  laws/statutes.    He proceeded  to                                                               
slide 4,  "Why Do we  Need This Bill?"   Slide 4 read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
      Vandalism to a place of worship is currently treated                                                                      
     as a typical property crime.                                                                                               
                                                                                                                                
          National and global events have a lead to an                                                                          
     increase in these types of crimes, both nationally and                                                                     
     locally.                                                                                                                   
                                                                                                                                
      In 2022 (most recent data), crimes against property                                                                       
     and religion as a bias motivating factor accounted for                                                                     
     80% of all hate crimes.*                                                                                                   
                                                                                                                                
1:50:30 PM                                                                                                                    
                                                                                                                                
MR. SCHROEDER proceeded to slide  5, titled "Hate Crime Incidents                                                               
in  2022   (Alaska),"  which  broke  down   the  bias  motivation                                                               
categories  for hate  crimes.    He indicated  that  in 2022,  80                                                               
percent of hate crimes fell under the religion category.                                                                        
                                                                                                                                
1:50:58 PM                                                                                                                    
                                                                                                                                
MR. SCHROEDER  moved to  slide 6,  which featured  images showing                                                               
local examples of religious desecration.   He reiterated that the                                                               
intent of  the bill  is to cover  such instances  within criminal                                                               
mischief in the third degree.                                                                                                   
                                                                                                                                
REPRESENTATIVE   ALLARD  said   she  appreciated   Representative                                                               
Josephson for bringing  the bill forward and felt  that the issue                                                               
was "near and dear" to his heart.                                                                                               
                                                                                                                                
1:52:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C. JOHNSON, referencing the  photo on the right of                                                               
slide 6,  asked whether  the Nazi symbol  burned into  the ground                                                               
would be covered by the bill.                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  theorized  that  that it  may  not  be                                                               
covered  because,  although  it  is  real  property  used  for  a                                                               
religious purpose,  the bill provides  for the  defacement damage                                                               
or desecration  of a "building, structure,  or personal property"                                                               
used for worship or any other religious purpose.                                                                                
                                                                                                                                
1:53:42 PM                                                                                                                    
                                                                                                                                
MR.  SCHROEDER  said  he  would  follow  up  with  the  requested                                                               
information.   He concluded on  slide 7,  "What Does HB  238 Do?"                                                               
Slide 7 read as follows [original punctuation provided]:                                                                        
                                                                                                                                
      1. Elevates any intentional vandalism to a religious                                                                      
     institution to a C Felony.                                                                                                 
         2. Exempts authorized intentional damage by an                                                                         
     employee of the institution.                                                                                               
     3. Provides for an immediate effective date.                                                                               
                                                                                                                                
       This ensures that no matter the value of property                                                                        
     damaged, vandalism of a place of worship is                                                                                
     treated the same:                                                                                                          
        • There is no dollar value that can be placed on                                                                        
     psychological and/or spiritual harm.                                                                                       
     • The bill's language will house places of worship and                                                                     
     places of burial in Criminal Mischief in the                                                                               
     Third Degree.                                                                                                              
                                                                                                                                
MR. SCHROEDER added that the value  of property should not be the                                                               
measure for  punishment.  He  pointed out that the  free exercise                                                               
of religion  is a First Amendment  right for a reason  and opined                                                               
that  these types  of crimes  encroach on  that right  by causing                                                               
spiritual and psychological harm.                                                                                               
                                                                                                                                
1:56:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON said  it  strikes  him as  inconsistent                                                               
that  the building  next  door deserves  less  protection than  a                                                               
place of  burial or cemetery,  which when desiccated  or defaced,                                                               
is provided for under current law.                                                                                              
                                                                                                                                
CHAIR VANCE sought questions from committee members.                                                                            
                                                                                                                                
1:56:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  highlighted  the 182  percent  increase  in                                                               
violence  against  Muslims  between  the  three  weeks  following                                                               
October  7.   He  sought  to  confirm  that  the purpose  of  the                                                               
affirmative  defense outlined  in Section  2  of the  bill is  to                                                               
protect someone  who might tear down  a wall in a  church as part                                                               
of his/her job.                                                                                                                 
                                                                                                                                
REPRESENTATIVE JOSEPHSON answered in the affirmative.                                                                           
                                                                                                                                
CHAIR VANCE announced that HB 238 would be held over.