02/13/2019 01:30 PM Senate JUDICIARY

           SB 35-CRIMES;SEX CRIMES;SENTENCING; PAROLE                                                                       
                                                                                                                                
2:42:07 PM                                                                                                                    
CHAIR HUGHES reconvened  the meeting and announced  that the final                                                              
order  of  business   would  be  SENATE  BILL  NO.   35,  "An  Act                                                              
eliminating  marriage as  a defense  to certain  crimes of  sexual                                                              
assault;  relating   to  enticement   of  a  minor;   relating  to                                                              
harassment  in the  first degree;  relating to  harassment in  the                                                              
second degree;  relating to  indecent viewing  or production  of a                                                              
picture;  relating   to  the   definition  of  'sexual   contact';                                                              
relating   to  assault   in  the   second   degree;  relating   to                                                              
sentencing;  relating  to  prior   convictions;  relating  to  the                                                              
definition of  'most serious felony';  relating to  the definition                                                              
of 'sexual  felony'; relating  to the  duty of  a sex offender  or                                                              
child  kidnapper   to  register;   relating  to  eligibility   for                                                              
discretionary parole; and providing for an effective date."                                                                     
                                                                                                                                
2:42:59 PM                                                                                                                    
KEVIN  CLARKSON,  Attorney  General Designee,  Department  of  Law                                                              
(DOL),  related  that SB  35  addresses  the disturbing  rates  of                                                              
sexual  assault.  He said  that  Alaska  Native females  have  the                                                              
highest  victimization  rate  of   any  gender  or  racial  group,                                                              
comprising  42 percent  of sexual  assault victims  in Alaska.  He                                                              
reported sexual  assault statistics, such  that the median  age of                                                              
victims is  19 years  old, the most  common age  is 15  years old,                                                              
and most victims  know their offenders. In fact,  only 2.5 percent                                                              
of  offenders  were strangers,  which  drops  to 0.3  percent  for                                                              
victims under the  age of 18. This means that  young Alaskan women                                                              
are being assaulted by men that they knew.                                                                                      
                                                                                                                                
2:44:38 PM                                                                                                                    
COMMISSIONER  DESIGNEE   CLARKSON  explained  that   SB  35  would                                                              
address sexual  offenses in Alaska.  First, it would fill  the gap                                                              
such as the  one in the Justin  Schneider case. He said  this bill                                                              
is  similar to  SB 12,  since  the loopholes  in  the law  allowed                                                              
Justin  Schneider  to  receive punishment  well  below  what  many                                                              
public members believe he should have received.                                                                                 
                                                                                                                                
He reviewed  bulleted points  in the  document in members  packets                                                              
titled, "SB 35 Sex Offenses Highlights," and made comments.                                                                     
                                                                                                                                
     • Unwanted Contact with Semen - Amends the  definition                                                                     
     of  "sexual  contact"  to  include  contact  with  semen                                                                   
     making unwanted contact with semen a sex offense.                                                                          
                                                                                                                                
COMMISSIONER DESIGNEE  CLARKSON said the  new law would  allow the                                                              
court   to   require  sex   offender   treatment,   sex   offender                                                              
registration,  and  would  increase  the  penalty  for  the  first                                                              
offense from 30 days to 2-12 years.                                                                                             
                                                                                                                                
     • Strangulation  Sentencing  -  Creates   an  enhanced                                                                     
     sentencing  structure for assault  in the second  degree                                                                   
     thus increasing  the sentencing range  for strangulation                                                                   
     from 0-2 to 1-3 years.                                                                                                     
                                                                                                                                
                                                                                                                                
He  said   that  SB  35  would   eliminate  credit   for  pretrial                                                              
monitoring   against   the  ultimate   sentence.   Unlike   Justin                                                              
Schneider, who  spent so much  time on electronic  monitoring pre-                                                              
trial  that  he  did  not  serve  prison  time,  this  bill  would                                                              
eliminate that possibility.                                                                                                     
                                                                                                                                
COMMISSIONER DESIGNEE  CLARKSON said  that SB 35  would strengthen                                                              
sex  offense laws  by increasing  penalties  for sexual  predators                                                              
who target children.                                                                                                            
                                                                                                                                
     • Sexual Abuse of a  Minor Sentencing  - Makes  sexual                                                                     
     abuse of  a minor  in the third  degree a sexual  felony                                                                   
     when there is  a 6-year age difference,  thus increasing                                                                   
     the sentencing range from 0-2 to 2-12 years                                                                                
                                                                                                                                
He said the  penalty is unchanged  for sexual abuse of  a minor if                                                              
the age difference  is only 4-5 years and the victim  is 13,14, or                                                              
15 years old.                                                                                                                   
                                                                                                                                
     • Soliciting Sex from A Minor - Deletes "online"  from                                                                     
     the crime of  "online enticement of a minor"  making any                                                                   
     solicitation of a minor for sex a B felony.                                                                                
                                                                                                                                
COMMISSIONER  DESIGNEE  CLARKSON   said  that  SB  35  would  make                                                              
solicitation of a  minor a felony in all circumstances.  This bill                                                              
would  make  it  illegal  to  ask a  child  to  engage  in  sexual                                                              
conduct,  regardless of the  method of  communication, whether  it                                                              
is  a  note, a  call,  an  in-person conversation,  or  any  other                                                              
means.  Current  law  only  makes   it  crime  to  solicit  via  a                                                              
computer. This will fill in gaps, he said.                                                                                      
                                                                                                                                
     • Indecent  Viewing  -   Makes  indecent  viewing   or                                                                     
     production of  a picture of  a child a registerable  sex                                                                   
     offense.  This  conduct  will  also be  sentenced  as  a                                                                   
     sexual  felony. Conduct  involving the  production of  a                                                                   
     picture  of  an  adult  would   be  a  registerable  sex                                                                   
     offense but sentenced as a regular class C felony.                                                                         
                                                                                                                                
COMMISSIONER  DESIGNEE CLARKSON  offered  an  example of  indecent                                                              
viewing,  when a  person  places a  camera  in a  place where  the                                                              
child  is unaware  the  viewing  is occurring  and  does not  give                                                              
consent to being photographed.                                                                                                  
                                                                                                                                
2:47:27 PM                                                                                                                    
COMMISSIONER  DESIGNEE  CLARKSON  explained  that  under  existing                                                              
law,  someone  who is  required  to  register  as a  sex  offender                                                              
outside  of  Alaska  only  must  register in  Alaska  if  the  sex                                                              
offense matches  the sex crime in  Alaska. Under the bill,  if the                                                              
offender is  required to register  in another state,  the offender                                                              
is required to register in Alaska.                                                                                              
                                                                                                                                
     • Out of State Sex  Offender  Registration -  Requires                                                                     
     anyone  convicted  of  a  registerable  sex  offense  in                                                                   
     another  state  to  register   in  Alaska  if  they  are                                                                   
     present in the Alaska.                                                                                                     
                                                                                                                                
COMMISSIONER DESIGNEE CLARKSON reviewed presumptive sentencing:                                                                 
                                                                                                                                
      • Presumptive Sex Offense Sentencing - Clarifies that                                                                     
     any  prior   felony  counts   as  a  prior   felony  for                                                                   
     presumptive  sentencing  purposes  in  sex  cases.  This                                                                   
     means  prior  felonies, even  when  they are  a  non-sex                                                                   
     felony,  trigger an  increased presumptive  range for  a                                                                   
     sex offense.                                                                                                               
                                                                                                                                
Additional highlights included:                                                                                                 
                                                                                                                                
     • Unwanted Images  of  Genitalia  -  Makes  repeatedly                                                                     
     sending  unsolicited and  unwanted  images of  genitalia                                                                   
     to another  person harassment  in the  second degree  (B                                                                   
     misdemeanor).                                                                                                              
                                                                                                                                
     • Sex Offender Parole Eligibility - Clarifies that sex                                                                     
     offenders who  are ineligible  for good time  credit are                                                                   
     also ineligible for discretionary parole.                                                                                  
                                                                                                                                
     • Marriage Defense to Sexual Assault - Repeals marriage                                                                    
     as a  defense to  sexual assault  except in cases  where                                                                   
     there is consent  and the conduct is illegal  due to the                                                                   
     nature   of  the  relationship   but-for  the   marriage                                                                   
     (probation  officer/probationer,   peace  officer/person                                                                   
     in custody,  DJJ officer/person  18 or  19 an under  the                                                                   
     jurisdiction of the Division of Juvenile Justice).                                                                         
                                                                                                                                
COMMISSIONER  DESIGNEE CLARKSON  said  that  the governor's  crime                                                              
package  would reset  the stage.  The  state needs  to better  its                                                              
efforts  to  protect  Alaska's  women  and  children  from  sexual                                                              
assault.                                                                                                                        
                                                                                                                                
2:48:32 PM                                                                                                                    
AMANDA  PRICE,   Commissioner  Designee,   Department   of  Public                                                              
Safety, Anchorage,  testified in support  of SB 35. She  said that                                                              
this is  a difficult conversation.  She thanked the  committee and                                                              
the  public  for  engaging  in the  process.  She  said  that  the                                                              
culture  that surrounds  sexual  violence in  the  state needs  to                                                              
change. She  said that this sends  a clear message that  the state                                                              
is changing the culture.                                                                                                        
                                                                                                                                
COMMISSIONER  DESIGNEE PRICE  said  that Alaska  has  unacceptably                                                              
high rates  of sexual  violence. Alaska's  rates far exceed  rates                                                              
in other  states. The crime of  sexual violence does not  know any                                                              
boundary.   Certain   races   are   disproportionately   impacted;                                                              
however,  no  socioeconomic   group,  or  any  ethnicity   is  not                                                              
impacted  by sexual violence.  This bill  would strengthen  public                                                              
safety in  Alaska by closing loopholes,  but it also  ensures that                                                              
Alaska is  not a state where  registered sex offenders  can escape                                                              
the knowledge of their crimes by moving to Alaska.                                                                              
                                                                                                                                
2:51:00 PM                                                                                                                    
COMMISSIONER DESIGNEE  PRICE related statistics, stating  that the                                                              
department receives  and fields between 8-10 calls  per month from                                                              
individuals  inquiring if  they would  need to  register as  a sex                                                              
offender if  they move to Alaska.  She said that data  is critical                                                              
for members to  understand. She interpreted the data  to mean that                                                              
registered sex  offenders were actively  looking for a  state that                                                              
they may not need to register.                                                                                                  
                                                                                                                                
COMMISSIONER  DESIGNEE   PRICE  said  the  bill   identifies  ways                                                              
victims can  be hurt today and  it criminalizes that  conduct, for                                                              
example,  unsolicited and  unwanted photographs  of genitalia.  SB
 gives  victims a mechanism to  engage with law  enforcement and                                                              
the state  the opportunity  to provide  protection. She  said that                                                              
the statistics  of crime  against children  show how these  crimes                                                              
devastate our communities.  She said that this  bill would enhance                                                              
protections  for   Alaskans  by   giving  law  enforcement   tools                                                              
necessary  to  intervene,  support,   and  improve  public  safety                                                              
through  its communities.  For example,  SB 35  would introduce  a                                                              
new crime of enticement  of a minor. This responds  to the reality                                                              
that  Alaskan children  are enticed  by predators  in all  arenas,                                                              
not just  online. She  stated that  this language  will allow  law                                                              
enforcement to  intervene before a  child is hurt.  The Department                                                              
of  Public   Safety  (DPS)  emphatically   supports  SB   35.  The                                                              
department acknowledges  the governor's  commitment to  respond to                                                              
and  prevent crimes  of sexual  assault and  abuse, holding  those                                                              
offenders accountable  and strongly  believes that this  bill will                                                              
support and improve public safety.                                                                                              
                                                                                                                                
2:53:53 PM                                                                                                                    
NANCY    DAHLSTROM,   Commissioner    Designee,   Department    of                                                              
Corrections,  Anchorage, introduced  herself  as a  member of  the                                                              
public safety team.                                                                                                             
                                                                                                                                
2:54:15 PM                                                                                                                    
SENATOR REINBOLD  said that she  supports this bill. She  said she                                                              
did  not  support  Walt  Monegan,  the  former  DPS  commissioner,                                                              
during his confirmation  because he indicated only  one percent of                                                              
rapists  in  Alaska  are  convicted,  but he  did  not  offer  any                                                              
solutions. She  said that she  asked some victims  and prosecutors                                                              
the reasons  they did  not pursue their  cases. She  recalled that                                                              
they expressed  concern that  graphic photographs  would  be shown                                                              
in  the  courtroom.  She  wanted  to make  sure  women  can  press                                                              
charges and  be protected. She raised  the issue of  penalties for                                                              
police officers engaging  in sexual contact with  persons in their                                                              
custody, which  was raised  earlier, which is  a big issue  in her                                                              
community. She expressed  concern that cases are dropped  due to a                                                              
lack of  integrity  in the state's  crime lab  and referenced  the                                                              
scathing audit  of the lab.  She said she  did not  understand why                                                              
the sexual assault/rape kits were not being processed.                                                                          
                                                                                                                                
2:57:18 PM                                                                                                                    
SENATOR REINBOLD  expressed concern  that women  have no  place to                                                              
escape  due to  an insufficient  number of  shelters. She  offered                                                              
her  interest  in  strengthening  sex  trafficking  laws  and  her                                                              
willingness to work  with agencies, nonprofits, and  the public on                                                              
these issues.                                                                                                                   
                                                                                                                                
2:58:39 PM                                                                                                                    
SENATOR  MICCICHE   asked  Mr.   Clarkson  for  clarification   on                                                              
underage  minors not  giving consent  for photos.  He offered  his                                                              
belief that underage minors cannot give consent.                                                                                
                                                                                                                                
2:59:19 PM                                                                                                                    
MR. SKIDMORE answered  that the crime of indecent  viewing sets up                                                              
conditions  for  ages of  consent.  This  language states  that  a                                                              
person under  the age  of 16  must have  parental consent  but the                                                              
person over  the age of  13 must also  consent. He  explained that                                                              
there is an  overlap of ages 13-15,  in which both the  parent and                                                              
child  must  consent.  He  said   that  parents  must  consent  to                                                              
photographs for  those under the  age of 13. He  acknowledged that                                                              
for the crime of  sexual abuse of a minor, people  under a certain                                                              
age cannot consent.                                                                                                             
                                                                                                                                
3:00:37 PM                                                                                                                    
SENATOR  MICCICHE remarked  that  he needs  more  time to  discuss                                                              
this because it seemed troubling.                                                                                               
                                                                                                                                
CHAIR  HUGHES agreed  it seemed  troubling  for a  parent to  give                                                              
consent for a  13-year-old to have that type  of photography done.                                                              
She said  it seems  as though  the parent  should be charged  with                                                              
some crime.                                                                                                                     
                                                                                                                                
3:01:09 PM                                                                                                                    
SENATOR MICCICHE  asked whether  the out-of-state sex  registry is                                                              
for a new entrant or if it could be retroactive.                                                                                
                                                                                                                                
MR. SKIDMORE offered  to provide more detail during  the sectional                                                              
analysis; however,  it would apply  to people coming  forward, but                                                              
it would not be retroactive.