Legislature(2013 - 2014)BELTZ 105 (TSBldg)

02/25/2013 01:30 PM Senate JUDICIARY


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01:34:38 PM Start
01:35:56 PM Confirmation Hearing
01:39:18 PM SB43
02:35:20 PM SB22
03:08:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
Select Committee on Legislative Ethics
Antoinette "Toni" Mallott, Juneau
+= SB 43 PROPERTY CRIMES TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+= SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB  22-CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                     
                                                                                                                                
2:35:20 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of SB  22 and  noted                                                               
there  were several  amendments  for the  committee to  consider.                                                               
[Version U was before the committee.]                                                                                           
                                                                                                                                
CHAIR COGHILL  asked Senator Dyson  to move Amendment  1, labeled                                                               
28-GS1587\U.1.                                                                                                                  
                                                                                                                                
SENATOR DYSON moved Amendment 1.                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR DYSON                                                                 
         TO: CSSB 22(JUD), Draft Version "U"                                                                                    
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
          Delete "and felony human trafficking"                                                                             
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "or human trafficking"                                                                                     
                                                                                                                                
     Page 3, line 15, following "minor;":                                                                                   
          Insert "or"                                                                                                       
                                                                                                                                
     Page 3, lines 16 - 17:                                                                                                     
          Delete "; or                                                                                                      
               (5)  felony human trafficking"                                                                               
                                                                                                                                
     Page 7, lines 12 - 13:                                                                                                     
          Delete ";                                                                                                         
               (9)  human trafficking in violation of                                                                       
     AS 11.41.360 or 11.41.365"                                                                                             
                                                                                                                                
     Page 7, line 18:                                                                                                           
          Delete "AS 11.41.120 - 11.41.330 [AS 11.41.120 -                                                                  
     11.41.370]"                                                                                                                
          Insert "AS 11.41.120 - 11.41.370"                                                                                     
                                                                                                                                
     Page 9, line 7, following "AS 11.71;":                                                                                 
          Insert "or"                                                                                                       
                                                                                                                                
     Page 9, lines 9 - 10:                                                                                                      
          Delete "; or                                                                                                      
               (5)  human trafficking in the first degree                                                                   
     under AS 11.41.360"                                                                                                    
                                                                                                                                
CHAIR COGHILL objected for discussion purposes.                                                                                 
                                                                                                                                
CHUCK  KOPP,   staff  to  Senator  Fred   Dyson,  explained  that                                                               
Amendment 1  deletes the references to  human trafficking because                                                               
the term "human  trafficking" is so broad that it  could apply to                                                               
anyone  who is  compelled,  duressed, or  deceived  to use  their                                                               
labor skills.  He cited examples of  people brought to work  at a                                                               
remote mining site or on  a commercial fishing boat to illustrate                                                               
that  the  term   encompasses  more  than  sex   crimes  and  sex                                                               
trafficking.  He  opined that  the  nature  of human  trafficking                                                               
would open  the possibility  of future  legal action,  both civil                                                               
and criminal.                                                                                                                   
                                                                                                                                
He  reviewed  the amendment  and  noted  that two  references  to                                                               
"human  trafficking" are  in  the title.  He  explained that  the                                                               
deletions on page 3 relate to  Section 2, bringing a civil action                                                               
at  any time.  The  deletions on  page 7  relate  to Section  10,                                                               
general  time  limitations  for   prosecution  of  offenses.  The                                                               
deletions on page  9 relate to Section 14,  authorizations by the                                                               
court for the attorney general to intercept communications.                                                                     
                                                                                                                                
2:40:15 PM                                                                                                                    
SENATOR  DYSON  stated  that Amendment  1  encompasses  a  simple                                                               
concept,  which  is  that  most people  mistake  the  term  human                                                               
trafficking to  be human sex  trafficking, not  labor violations.                                                               
He said  the committee saw  that confusion in a  previous hearing                                                               
and  they  heard that  public  safety  hasn't  had any  of  those                                                               
trafficking cases to prosecute.  The amendment simply removes the                                                               
term "human  trafficking" and  keeps the  bill centered  on human                                                               
sex trafficking.  He offered his  perspective that  the amendment                                                               
offers clarification.                                                                                                           
                                                                                                                                
MR. KOPP said the last change in  Amendment 1 is in Section 28 on                                                               
page  15,  line  20,  paragraph  (M).  That  section  relates  to                                                               
incidents and offenses to which the chapter applies.                                                                            
                                                                                                                                
2:41:31 PM                                                                                                                    
CHAIR COGHILL noted that change did not appear in Amendment 1.                                                                  
                                                                                                                                
MR.  KOPP responded  that  a member  of  Senator Coghill's  staff                                                               
caught  the omission.  Both legislative  legal and  the sponsor's                                                               
office missed it.                                                                                                               
                                                                                                                                
CHAIR  COGHILL asked  if  the  Department of  Law  (DOL) had  any                                                               
comment.                                                                                                                        
                                                                                                                                
2:42:06 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Legal Services  Section, Department of Law  (DOL), explained that                                                               
human trafficking covers a broad  range of behavior as the result                                                               
of an amendment  last year that removed the  requirement that one                                                               
of the  elements of the offense  is bringing people to  the state                                                               
and   then  subjecting   them  to   labor  violations   or  adult                                                               
entertainment.  She   agreed  that  removing  that   element  was                                                               
problematic, but the  director of the criminal  division has said                                                               
that there  have been serious  cases involving  human trafficking                                                               
in this state  that DOL wouldn't be able to  prosecute because of                                                               
the [statute of limitations].                                                                                                   
                                                                                                                                
She said she  understands the argument as a result  of the change                                                               
last  year,  but  human trafficking  does  cover  serious  felony                                                               
conduct that  sex trafficking  does not.  For example,  when some                                                               
women were brought to this  state from Russia under false pretext                                                               
they were not forced to  engage in prostitution; they were forced                                                               
to engage in adult entertainment and work for very little money.                                                                
                                                                                                                                
2:43:55 PM                                                                                                                    
SENATOR MCGUIRE stated unequivocal  opposition to Amendment 1 and                                                               
reminded the  committee that  she was  part of  those discussions                                                               
last  year. She  said  slavery  is slavery  and  Alaska does  not                                                               
tolerate bringing  people to  the state  under the  pretense that                                                               
they  will have  the  opportunity to  be paid  a  wage for  their                                                               
services  when  the  real  intent   is  to  keep  the  people  in                                                               
confinement.  She   recognized  that  Alaska  has   a  number  of                                                               
industries  that make  it  ripe  for that  kind  of activity  and                                                               
opined that  the statute  should be very  clear that  Alaska does                                                               
not tolerate slavery, human trafficking,  or sex trafficking. She                                                               
agreed  with  Ms.  Carpeneti that  these  sophisticated  networks                                                               
won't entice under sex trafficking;  they'll invite people to the                                                               
state to be  a part of a cultural dance  troupe, for example. She                                                               
reiterated  support for  maintaining  status quo  with regard  to                                                               
human trafficking.                                                                                                              
                                                                                                                                
2:46:05 PM                                                                                                                    
SENATOR  DYSON asked  if  she was  saying that  there  is no  law                                                               
against  deceiving  somebody, bringing  them  to  the state,  not                                                               
paying them, and keeping them confined against their will.                                                                      
                                                                                                                                
MS. CARPENETI said  there are other possibilities  but they would                                                               
be   very  fact   dependent.  Depending   on  the   circumstance,                                                               
kidnapping or theft  by deception or various  other charges might                                                               
apply. Although  the human trafficking statute  is broad, serious                                                               
crimes  are  committed  that  would not  fall  under  felony  sex                                                               
trafficking.  She suggested  the committee  consider having  only                                                               
first degree felony sex trafficking in these various provisions.                                                                
                                                                                                                                
SENATOR DYSON  said he  was astonished  that somebody  who brings                                                               
people to  the state and holds  them against their will  can't be                                                               
prosecuted without that term being on the books.                                                                                
                                                                                                                                
2:47:44 PM                                                                                                                    
MR.  KOPP  clarified that  human  trafficking  would still  be  a                                                               
crime;  the  amendment  simply  applies  the  normal  statute  of                                                               
limitations  to mount  a  civil action  after  a prosecution  for                                                               
human trafficking.                                                                                                              
                                                                                                                                
MS. CARPENETI confirmed that human  trafficking would still be in                                                               
the law, and  clarified that she was talking about  the civil and                                                               
criminal   statutes  of   limitations.   Right   now,  if   human                                                               
trafficking  is removed  from the  civil  statute of  limitations                                                               
provision  and  added  to the  criminal  statute  of  limitations                                                               
provision, someone could bring a cause of action for 10 years.                                                                  
                                                                                                                                
2:49:22 PM                                                                                                                    
SENATOR MCGUIRE  said her  point is that  there should  be parity                                                               
between  the  crimes of  sex  trafficking  and human  trafficking                                                               
because  they mingle  and the  lines are  sometimes difficult  to                                                               
differentiate. She  disagreed with  arbitrarily limiting  a right                                                               
of action on  human trafficking because there was  no good policy                                                               
reason to treat  it differently. The bill brings  it all together                                                               
and says  this is the kind  of behavior that won't  be tolerated.                                                               
She noted that at one time  there was a statute of limitations on                                                               
rape and child  molestation. That was changed and  this should be                                                               
as well.                                                                                                                        
                                                                                                                                
CHAIR  COGHILL  asked if  both  a  conviction and  sentence  were                                                               
required.                                                                                                                       
                                                                                                                                
2:51:08 PM                                                                                                                    
MS. CARPENETI  said she thought  a conviction was required  for a                                                               
civil action.                                                                                                                   
                                                                                                                                
CHAIR COGHILL said  if the criminal action  was already satisfied                                                               
under  this   conviction,  the  next  question   is  whether  the                                                               
potential for a civil action should forever be held open.                                                                       
                                                                                                                                
MS.  CARPENETI  said she  would  follow  up because  the  statute                                                               
doesn't  say it,  but  her understanding  is  that the  practical                                                               
effect of  bringing a  civil action  based on  a criminal  act is                                                               
that it would be easier if the person has been convicted.                                                                       
                                                                                                                                
2:52:26 PM                                                                                                                    
SENATOR DYSON withdrew Amendment 1 without prejudice.                                                                           
                                                                                                                                
2:52:49 PM                                                                                                                    
SENATOR DYSON moved Amendment 2, labeled 28-GS1587\U.2                                                                          
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR DYSON                                                                 
          TO:  CSSB 22(JUD), Draft Version "U"                                                                                  
                                                                                                                                
     Page 6, line 25:                                                                                                           
          Delete      "AS 11.66.100(a)(2),     11.66.100(c),                                                                
     [AS 11.66.100(c)] or 11.66.110 - 11.66.135"                                                                                
          Insert "AS 11.66.100 - 11.66.135 [AS 11.66.100(c)                                                                 
     OR 11.66.110 - 11.66.135]"                                                                                                 
                                                                                                                                
CHAIR COGHILL objected for discussion purposes.                                                                                 
                                                                                                                                
2:53:11 PM                                                                                                                    
MR. KOPP  explained that Amendment  2 expands the  possibility of                                                               
criminal forfeiture  to everyone  who participates in  the crimes                                                               
of   sex  trafficking   and   prostitution.   The  provision   is                                                               
discretionary with the  court. The statute also  covers those who                                                               
manage, own, or supervise prostitutes.                                                                                          
                                                                                                                                
CHAIR  COGHILL asked  if  the  Department of  Law  (DOL) had  any                                                               
comment on Amendment 2.                                                                                                         
                                                                                                                                
2:55:26 PM                                                                                                                    
MS. CARPENETI said  DOL has no object to the  amendment since the                                                               
committee has  already made it  discretionary at  sentencing. She                                                               
added  DOL did  some research  on the  equal protection  question                                                               
raised  in  an  earlier  hearing  and  found  cases  that  upheld                                                               
disparate   penalties   for   the   two   parties   involved   in                                                               
prostitution.                                                                                                                   
                                                                                                                                
2:56:08 PM                                                                                                                    
CHAIR  COGHILL  removed  his  objection   and  finding  no  other                                                               
objection, announced that Amendment 2 passed.                                                                                   
                                                                                                                                
2:56:23 PM                                                                                                                    
SENATOR DYSON moved Amendment 3, labeled 28-GS1587\U.3.                                                                         
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR DYSON                                                                 
          TO:  CSSB 22(JUD), Draft Version "U"                                                                                  
                                                                                                                                
     Page 10, line 6, following "privileged":                                                                                   
          Delete "and inadmissible"                                                                                             
          Insert "; [AND] inadmissible, and may not be                                                                  
     used"                                                                                                                  
                                                                                                                                
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
MR. KOPP explained  that Amendment 3 refers to  the proffer under                                                               
AS 12.50.101. It clarifies that  the testimony of the witness and                                                               
the proffer of the attorney  is privileged, inadmissible, and may                                                               
not be used  for any other purpose. He opined  that this was fair                                                               
balance  because  the person  is  waiving  their Fifth  Amendment                                                               
right.                                                                                                                          
                                                                                                                                
CHAIR  COGHILL asked  if  the  Department of  Law  (DOL) had  any                                                               
comment on Amendment 3.                                                                                                         
                                                                                                                                
2:59:21 PM                                                                                                                    
MS.  CARPENETI said  Department of  Law has  no objection  to the                                                               
amendment, but she  wanted to clarify the  mistaken testimony the                                                               
committee  heard  on  Friday  regarding who  has  access  to  the                                                               
information the  witness has  provided the  judge in  the written                                                               
proffer  and  testimony.  Mr.  Stenson   assumed  that  both  the                                                               
prosecution and  the defense  get to  know that  information, but                                                               
that  is  not correct.  The  state  doesn't  know what's  in  the                                                               
proffer, which makes  it difficult to appeal  the court's finding                                                               
that the witness  has a valid claim of privilege.  This is only a                                                               
problem in those  cases that the judge decides the  witness has a                                                               
Fifth  Amendment privilege  and says  that if  the state  doesn't                                                               
grant immunity  and get that  witness to testify he  will dismiss                                                               
the underlying charge against the defendant.                                                                                    
                                                                                                                                
CHAIR COGHILL asked about potential  witness intimidation and, in                                                               
Section 17, how  the state could appeal something  it didn't know                                                               
about.                                                                                                                          
                                                                                                                                
MS. CARPENETI  said the  state moves  cautiously when  it doesn't                                                               
know.  She added  that after  Mr. Stenson  testified she  thought                                                               
about adding clarification  in Section 17 that  the parties don't                                                               
get to see what's in that  written findings. If the state appeals                                                               
the decision, that sealed document goes to the court of appeals.                                                                
                                                                                                                                
3:02:40 PM                                                                                                                    
CHAIR  COGHILL  removed  his  objection   and  finding  no  other                                                               
objection, announced that Amendment 3 passed.                                                                                   
                                                                                                                                
3:03:14 PM                                                                                                                    
SENATOR DYSON moved Amendment 4, labeled 28-GS1587\U.4                                                                          
                                                                                                                                
                          AMENDMENT 4                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR DYSON                                                                 
     TO:  CSSB 22(JUD), Draft Version "U"                                                                                       
                                                                                                                                
     Page 19, line 14:                                                                                                          
          Delete "or volunteer"                                                                                             
                                                                                                                                
     Page 20, line 1:                                                                                                           
     Delete "or volunteer"                                                                                                      
                                                                                                                                
CHAIR COGHILL objected for discussion purposes.                                                                                 
                                                                                                                                
MR.  KOPP  explained  that  the amendment  makes  it  clear  that                                                               
athletic  coaches should  be mandatory  reporters,  but that  the                                                               
same criminal liability is not applied to volunteers.                                                                           
                                                                                                                                
3:03:52 PM                                                                                                                    
SENATOR  MCGUIRE stated  opposition to  Amendment 4.  To set  the                                                               
stage  for her  objection,  she  read the  purpose  of the  child                                                               
protection statute, Chapter 47.17 as follows:                                                                                   
                                                                                                                                
     In  order to  protect children  whose health  and well-                                                                    
     being   may   be   adversely   affected   through   the                                                                    
     infliction,  by other  than accidental  means, of  harm                                                                    
     through  physical  injury  or neglect,  mental  injury,                                                                    
     sexual  abuse,  sexual exploitation,  or  maltreatment,                                                                    
     the legislature  requires the reporting of  these cases                                                                    
     by practitioners of the healing  arts and others to the                                                                    
     department.  It is  not the  intent of  the legislature                                                                    
     that that  persons required  to report  suspected child                                                                    
     abuse  or neglect  under this  chapter investigate  the                                                                    
     suspected child  abuse or neglect before  they make the                                                                    
     required  report to  the  department.  Reports must  be                                                                    
     made when there is a  reasonable cause to suspect child                                                                    
     abuse or  neglect in order to  make state investigative                                                                    
     and  social  services available  in  a  wider range  of                                                                    
     cases at  an earlier point  in time, to make  sure that                                                                    
     investigations  regarding child  abuse and  neglect are                                                                    
     conducted  by  trained   investigators,  and  to  avoid                                                                    
     subjecting  a child  to multiple  interviews about  the                                                                    
     abuse or neglect.  It is the intent  of the legislature                                                                    
     that,  as   a  result  of  these   reports,  protective                                                                    
     services  will  be  made  available  in  an  effort  to                                                                    
     prevent  further  harm  to  the  child;  safeguard  and                                                                    
     enhance  the general  well-being  of  children in  this                                                                    
     state; and  preserve family life unless  that effort is                                                                    
     likely  to result  in physical  or emotional  damage to                                                                    
     the child.                                                                                                                 
                                                                                                                                
SENATOR  MCGUIRE  applauded  the  governor  for  adding  athletic                                                               
coaches  and  volunteers  to  the list  of  persons  required  to                                                               
report,  because it  will enhance  the safety  and well-being  of                                                               
children  in Alaska.  Coaches  and volunteers  are  on the  front                                                               
lines and  see kids  with great  frequency, sometimes  more often                                                               
than their busy parents, she said.                                                                                              
                                                                                                                                
She pointed out  that the standard is a  reasonable suspicion and                                                               
that  there is  no  requirement that  the volunteer  investigate.                                                               
They  are only  required to  pass  their suspicion  along to  the                                                               
professionals. She said  she cannot imagine that  a volunteer who                                                               
truly cares about kids and  is volunteering for the right reasons                                                               
would suddenly stop volunteering because this bill passed.                                                                      
                                                                                                                                
SENATOR MCGUIRE  reiterated her vehement opposition  to Amendment                                                               
4. It  may be a volunteer  that suspects a coach  of child abuse,                                                               
she concluded.                                                                                                                  
                                                                                                                                
3:08:07 PM                                                                                                                    
CHAIR COGHILL held SB 22 in committee with Amendment 4 pending.                                                                 

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