Legislature(2023 - 2024)GRUENBERG 120
03/12/2024 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB103 | |
| SB12 | |
| HJR18 | |
| SB95 | |
| HB190 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 12 | TELECONFERENCED | |
| += | HJR 18 | TELECONFERENCED | |
| += | SB 95 | TELECONFERENCED | |
| + | HB 190 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 103 | TELECONFERENCED | |
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
3:11:27 PM
CHAIR SHAW announced that the next order of business would be CS
FOR SENATE BILL NO. 12(JUD), "An Act relating to the duties of
the Department of Administration; creating an address
confidentiality program; and providing for an effective date."
[Before the committee, adopted as a working document on 3/7/24,
was the proposed House committee substitute (HCS) for CSSB
12(JUD), Version 33-LS0162\H, C. Radford, 3/6/24 ("Version H").]
3:11:46 PM
CHAIR SHAW moved to adopt Amendment 1 to Version H, labeled 33-
LS0162\D.1, C. Radford, 3/8/24, which read as follows:
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. AS 18.65.087(b) is amended to read:
(b) Information about a sex offender or child
kidnapper that is contained in the central registry,
including sets of fingerprints, is confidential and
not subject to public disclosure except as to the sex
offender's or child kidnapper's name, aliases,
address, photograph, physical description, description
of motor vehicles, license numbers of motor vehicles,
and vehicle identification numbers of motor vehicles,
place of employment, date of birth, crime for which
convicted, date of conviction, place and court of
conviction, length and conditions of sentence, and a
statement as to whether the offender or kidnapper is
in compliance with requirements of AS 12.63 or cannot
be located. A sex offender's or child kidnapper's
address is confidential and not subject to public
disclosure if the sex offender or child kidnapper is
enrolled in the address confidentiality program under
AS 44.21.022."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 3, lines 1 - 3:
Delete "not required to register as a sex
offender or child kidnapper under AS 12.63 or a
similar law of another jurisdiction and is"
Page 3, following line 14:
Insert a new subsection to read:
"(d) An individual who has a duty to register
under AS 12.63.010 may petition the court for an order
that the individual is eligible to enroll, or remain
enrolled, in the program. A copy of the petition must
be served on the Department of Public Safety. If the
Department of Public Safety does not file a response
within 45 days after service of the petition, the
court may grant the petition without further
proceedings, subject to the requirements of (c) of
this section. The court may issue an order finding
that an individual who has a duty to register under
AS 12.63.010 is eligible to enroll, or remain
enrolled, in the program if it finds by clear and
convincing evidence that the individual's safety
interest in keeping the individual's address
confidential outweighs the public safety interest in
making the individual's address public as provided in
AS 12.63.010 and AS 18.65.087."
Reletter the following subsections accordingly.
Page 3, lines 27 - 29:
Delete all material and insert:
"The department shall remove an individual
enrolled in the program if, during the time of the
individual's enrollment in the program, the individual
is required to register under AS 12.63.010 and the
individual does not obtain a court order as required
under (d) of this section."
Page 5, line 6:
Delete "sec. 2"
Insert "sec. 3"
Page 5, line 9:
Delete "Section 3"
Insert "Section 4"
Page 5, line 10:
Delete "sec. 4"
Insert "sec. 5"
REPRESENTATIVE WRIGHT objected for the purpose of discussion.
CHAIR SHAW made note that while he is the sponsor of the
amendment, policy discussion will help him decide whether to
support his amendment or not.
3:12:18 PM
BUDDY WHITT, Staff, Representative Laddie Shaw, Alaska State
Legislature, provided an explanation for Amendment 1. He
related a hypothetical story to explain Amendment 1, in which a
person registered as a sex offender is experiencing domestic
abuse and may need address confidentiality for their personal
safety. The amendment establishes a method by which a person
who is on the sex offender list may be able to enter the address
confidentiality program by petitioning the court. If the court
takes no action or finds there is clear and convincing evidence
that the individual's safety interest outweighs the public
safety interest, that individual may be granted access to the
address confidentiality program.
3:17:33 PM
REPRESENTATIVE STORY asked to hear from the Department of Public
Safety.
3:18:18 PM
The committee took an at-ease from 3:18 p.m. to 3:19 p.m.
3:19:37 PM
SARAH STANLEY, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law, introduced
herself for the record.
3:20:10 PM
The committee took a brief at-ease.
3:20:18 PM
REPRESENTATIVE STORY asked about Amendment 1 and whether it was
brought forth by the Department of Public Safety.
3:20:29 PM
MS. STANLEY explained that she is prepared to answer legal
questions about what the amendment does but said she cannot
provide opinion on policy decisions.
3:21:02 PM
REPRESENTATIVE CARRICK asked the bill sponsor to explain whether
the amendment is intended to be "friendly."
3:21:20 PM
SENATOR JESSE KIEHL, Alaska State Legislature, as prime sponsor
of CSSB 12(JUD), offered his thanks to the committee for
discussing this policy. He provided his perspective of
Amendment 1 to the proposed HCS, Version H. He said that it
would be considered a "friendly" amendment. He said the idea
for the amendment was inspired through his time spent on the
Governor's Council on Human and Sex Trafficking. The amendment
seeks to protect those in rare situations of escape from rough
situations who need protection. He explained the process of
court petitioning. He noted that the Department of Public
Safety would still have access to their physical address, as
well as the Department of Corrections and law enforcement.
3:24:25 PM
REPRESENTATIVE CARPENTER asked about "clear and convincing
evidence".
3:25:14 PM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System, explained that "clear and
convincing evidence" is a standard that courts regularly use.
She further explained that "preponderance of the evidence" could
indicate 51 percent certainty, "beyond a reasonable doubt" would
be over 90 percent certain, "clear and convincing evidence"
would be somewhere in between 51-90 percent certainty, though it
is not typically defined in exactitude. The court would need to
consider whether there is enough evidence to support that a
person is at risk and poses less risk to the community to be
considered eligible for address confidentiality protection.
3:28:10 PM
REPRESENTATIVE CARPENTER asked about what kind of evidence would
elevate the victim/offender's status enough to grant their
address confidentiality.
3:29:16 PM
SENATOR KIEHL emphasized that the language of Amendment 1
specifies risk to life or physical safety, not privacy interests
or desires.
REPRESENTATIVE CARPENTER commented that any sex offender could
make the argument that they are in a dangerous situation and
seek qualification under the address confidentiality program.
He stated his feeling that the amendment may create a loophole
for sex offenders.
3:31:09 PM
REPRESENTATIVE CARRICK asked how many sex trafficking victims
are also prosecuted as a sex offender or child kidnapper.
SENATOR KIEHL said the council is working on a clear definition
of "trafficking victim". He stated that he lacks specific data
but estimated that the number of people who may utilize the
provisions under Amendment 1 is low.
REPRESENTATIVE CARRICK said someone's safety would have to be
impacted with clear and convincing evidence indicating that they
qualify for address confidentiality. She asked if the amendment
is centric to people who have also been victimized.
MS. MEAD answered that the amendment is applicable only to those
required to be on the sex offender registry. She noted that
this situation would likely be somewhat rare, and she added that
it would be quite difficult for the court to decide given the
compelling interested in protecting the public from sex
offenders. She emphasized that proceedings in these situations
would not be routine or taken lightly.
REPRESENTATIVE CARRICK commented that even though these
situations are unlikely, it would be good to have protections in
place. She remarked that there are likely some gray areas. She
offered her support of Amendment 1.
3:36:05 PM
REPRESENTATIVE ALLARD asked how many sex offenders have
protective orders against other individuals.
MS. MEAD responded that the court does not maintain that data.
When a court issues a protective order, there is not a
discussion of a victim's past criminal history.
REPRESENTATIVE ALLARD asked about the likelihood of a sex
offender recommitting.
MS. MEAD responded that there is mixed information, and she does
not have enough information to guess.
REPRESENTATIVE ALLARD commented that she's not interested in
protecting sex offenders. She said, "They deserve whatever
they're getting."
MS. MEAD clarified that [the proposed House committee
substitute, Version H] states that sex offenders cannot
participate in the address confidentiality program. Amendment 1
provides an opportunity for a sex offender to go to the court to
make their case for address confidentiality eligibility.
3:39:05 PM
REPRESENTATIVE C. JOHNSON expressed his concern about the
proposed amendment. He moved to table Amendment 1.
REPRESENTATIVE CARRICK objected.
A roll call vote was taken. Representatives Wright, Carpenter,
C. Johnson, Allard, and Shaw voted in favor of tabling Amendment
1 to the proposed HCS, Version H. Representatives Carrick and
Story voted against it. Therefore, Amendment 1 was tabled by a
vote of 5-2.
3:42:04 PM
The committee took an at-ease from 3:42 p.m. to 3:43 p.m.
3:43:28 PM
CHAIR SHAW opened public testimony on SB 12.
3:43:39 PM
SUZI PEARSON, Executive Director, Abused Women's Aid in Crisis,
testified in support of SB 12 with the tabled Amendment. She
said the bill would protect victims of domestic violence and
stalking, who are at the highest risk of lethality. This bill
protects victims and employees of Abused Women's Aid in Crisis.
3:45:11 PM
LAUREE MORTON, Deputy Director, Alaska Network on Domestic
Violence and Sexual Assault, testified in support of SB 12. She
remarked that Alaska is one of the few states that has yet to
establish an address confidentiality program. Similar programs
in other states are effective and help to save lives. She
explained that one of the most dangerous times for victims is
when they attempt to leave. Address confidentiality helps to
keep victims and their children safe during extremely sensitive
and dangerous times where secrecy is critical. She noted that
there are times when protective orders place the victim at even
greater risk.
3:47:40 PM
CHAIR SHAW, after ascertaining that no one else wished to
testify, closed public testimony on SB 12.
3:47:57 PM
SENATOR KIEHL thanked the committee for consideration the
proposed legislation and provided closing remarks.
3:48:21 PM
REPRESENTATIVE WRIGHT moved to report HCS CSSB 12, Version 33-
LS0162\H, C. Radford, 3/6/24 out of committee with individual
recommendations and the accompanying fiscal notes, and to
authorize Legislative Legal Services to make any necessary
technical or conforming changes. There being no objection, HSC
CSSB 12(STA) was reported out of the House State Affairs
Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 12 Amendment 1 HSTA.pdf |
HSTA 3/12/2024 3:00:00 PM |
SB 12 |
| CS HJR 18 HSTA.pdf |
HSTA 3/12/2024 3:00:00 PM |
HJR 18 |
| CS for HB 190 Summary of Changes.pdf |
HSTA 3/12/2024 3:00:00 PM |
HB 190 |
| HB 190 - Sponsor Statement.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/9/2024 3:00:00 PM |
HB 190 |
| HB 190 House State Affairs Bill Hearing Request.pdf |
HSTA 3/12/2024 3:00:00 PM |
|
| HB0190B.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM |
HB 190 |
| List of Divisions and Corporations Under Each Department (for presentation).pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM |
|
| CSHB 190 Sectional Analysis Version B.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/16/2024 3:00:00 PM |
HB 190 |
| HB190 Alaska Sunset Commission Presentation 3.12.2024.pdf |
HSTA 3/12/2024 3:00:00 PM HSTA 4/2/2024 3:00:00 PM HSTA 4/16/2024 3:00:00 PM |
HB 190 |