05/02/2022 01:00 PM House JUDICIARY

                    HB 325-DOMESTIC VIOLENCE                                                                                
                                                                                                                                
1:46:41 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL NO. 325, "An Act relating to domestic violence."                                                                     
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 325.                                                                                 
                                                                                                                                
1:47:35 PM                                                                                                                    
                                                                                                                                
MIKE HENRY, Sergeant, Alaska State  Troopers (AST), Department of                                                               
Public Safety (DPS), informed the  committee that he was a police                                                               
instructor for  strangulation investigations and sex  crimes with                                                               
experience  investigating  domestic  violence.    He  stated  his                                                               
support for  HB 325  and summarized the  components of  the bill.                                                               
He   explained   that   the   publishing   or   distribution   of                                                               
nonconsensual pornography,  also referred  to as revenge  porn or                                                               
sextortion,  was   sometimes  used   by  a   perpetrator  against                                                               
household members as  a means of causing harm.   He added that it                                                               
was ultimately a means of  asserting power and control, which was                                                               
the primary  root of domestic  violence offenses.   This criminal                                                               
conduct  was  being used  by  perpetrators  to coerce  or  punish                                                               
victims,  he said.   He  believed that  the proposed  legislation                                                               
would provide  additional protections and access  to services for                                                               
the  victims,   such  as  protective  orders;   bring  additional                                                               
consequences  for  offenders,  such  as  mandatory  arrests;  and                                                               
accurately describe the  conduct.  He reiterated  his support for                                                               
HB 325.                                                                                                                         
                                                                                                                                
1:50:17 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked Sergeant Henry  to comment on  a hypothetical                                                               
scenario  in  which  an  individual   in  Fairbanks  was  sending                                                               
"sexting" communications about a person  who was in Juneau, which                                                               
would make the person in Fairbanks subject to mandatory arrest.                                                                 
                                                                                                                                
SERGEANT HENRY  shared his understanding that  the scenario could                                                               
be  classified as  an  existing crime  within  the definition  of                                                               
domestic violence  that could be  accomplished remotely,  such as                                                               
threats, violating conditions of  release, violating a protective                                                               
order,  stalking, elements  of harassment  in the  second degree,                                                               
and assault in the third degree.   He reminded the committee that                                                               
crimes  involving  domestic  violence  must  be  committed  by  a                                                               
household member  against another  household member.   He offered                                                               
the  definition of  "household  member,"  which broadly  included                                                               
people who  formerly lived together  and people in  prior spousal                                                               
relationships.   For  that  reason,  he said  it  was common  for                                                               
domestic violence  crimes to occur  between people not  living in                                                               
the same household.                                                                                                             
                                                                                                                                
CHAIR CLAMAN asked whether the  definition would cover people who                                                               
had been on several dates.                                                                                                      
                                                                                                                                
SERGEANT HENRY  cited Section 5  of AS 18.66.990,  which provided                                                               
the definition  of "household member."   He pointed out  that the                                                               
definition included adults or minors  who are currently dating or                                                               
who have dated in the past.                                                                                                     
                                                                                                                                
1:54:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN requested the definition of dating.                                                                      
                                                                                                                                
SERGEANT HENRY was not aware of  a legal definition.  He referred                                                               
the  committee  to  the dictionary's  definition  or  the  common                                                               
knowledge definition.                                                                                                           
                                                                                                                                
1:55:27 PM                                                                                                                    
                                                                                                                                
KATIE  TEPAS,   Program  Coordinator,  AST,  DPS,   informed  the                                                               
committee  that   she  was  responsible  for   training  all  law                                                               
enforcement officers  across the  state on domestic  violence and                                                               
sexual assault  investigations.   She stated  her support  for HB
, noting that  she was considered a subject  matter expert, as                                                               
she had worked  in the field for over 20  years.  She anecdotally                                                               
reported on  the prevalence of  sextortion as a means  of control                                                               
with the  expansion of online  technology.  She pointed  out that                                                               
per  Title  18,  domestic  violence   crimes  "shall"  result  in                                                               
mandatory  arrest within  12 hours.    If more  time has  passed,                                                               
Title  12  provided  that  officers "may"  make  an  arrest  with                                                               
probable  cause.   She  emphasized  that  most domestic  violence                                                               
offenders do not stop the violence when the relationship ends.                                                                  
                                                                                                                                
1:58:44 PM                                                                                                                    
                                                                                                                                
JAYNE ANDREEN, Alaska Public Health  Association, opined that the                                                               
bill would add another method  for catching and holding offenders                                                               
accountable  as early  and as  often as  possible with  the ever-                                                               
expanding technology.                                                                                                           
                                                                                                                                
1:59:39 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  after ascertaining  there  was  no one  else  who                                                               
wished to testify, closed public testimony on HB 325.                                                                           
                                                                                                                                
CHAIR CLAMAN announced HB 325 was held over.