03/21/2014 01:30 PM Senate JUDICIARY

           SB 170-AFFIRMATIVE DEFENSE TO PROSTITUTION                                                                       
                                                                                                                                
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of  SB 170. "An  Act relating  to a defense  to the                                                               
crime of  prostitution for victims  of sex trafficking."  He said                                                               
it was the second hearing on  the bill and several questions were                                                               
awaiting answers.                                                                                                               
                                                                                                                                
2:06:24 PM                                                                                                                    
SENATOR BERTA GARDNER, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor of  SB 170,  clarified that this  is a  trafficking bill,                                                               
not  a   prostitute  bill.  She   addressed  the   questions  and                                                               
suggestions  from previous  testimony. She  emphasized that  this                                                               
bill is a first step and should remain uncontroversial.                                                                         
                                                                                                                                
CHAIR  COGHILL   said  a  more  comprehensive   approach  may  be                                                               
preferable, but this bill has a chance of passing this year.                                                                    
                                                                                                                                
2:08:00 PM                                                                                                                    
STEVEN  HANDY,   Staff,  Senator  Berta  Gardner,   Alaska  State                                                               
Legislature, said the suggestions  that were proffered during the                                                               
last  hearing  were  well-intended.  However, the  goal  of  this                                                               
effort is  to get to  the traffickers  who are ruining  lives. He                                                               
noted the  resources for enforcement  of the bill are  already in                                                               
place.  Training  for  law  enforcement  and  access  to  service                                                               
providers for  victims of  sex trafficking are  in place  and the                                                               
bill  is  a  strong  link  between  those  two.  He  thanked  the                                                               
committee for its efforts on the bill.                                                                                          
                                                                                                                                
SENATOR GARDNER  noted that a representative  from the Department                                                               
of Public Safety was available to discuss training.                                                                             
                                                                                                                                
2:10:07 PM                                                                                                                    
KELLY HOWELL,  Legislative Liaison,  Department of  Public Safety                                                               
(DPS), explained  that DPS currently  provides training  on human                                                               
trafficking  and sex  trafficking at  the Public  Safety Training                                                               
Academy for  new police  recruits and  in regional  trainings for                                                               
existing  officers.   The  training  covers   identification  and                                                               
investigation   of   sex   trafficking   crimes,   as   well   as                                                               
understanding the  dynamics of  the crime  and how  people become                                                               
victims. She stated that DPS  believes that this current training                                                               
adequately  differentiates   between  someone  who   is  actively                                                               
engaging  in prostitution  and someone  who  is a  victim of  sex                                                               
trafficking.                                                                                                                    
                                                                                                                                
CHAIR COGHILL asked if this  would be another descriptive element                                                               
in the training.                                                                                                                
                                                                                                                                
MS. HOWELL answered yes.                                                                                                        
                                                                                                                                
CHAIR  COGHILL  observed that  the  bill  wouldn't have  a  large                                                               
fiscal impact.                                                                                                                  
                                                                                                                                
He thanked  the sponsor and  asked about her expectations  of the                                                               
bill moving forward.                                                                                                            
                                                                                                                                
SENATOR GARDNER replied that the  people who testified during the                                                               
first hearing of  the bill raised interesting  questions. One was                                                               
that if  a person is  charged with prostitution, they  are listed                                                               
on CourtView  even before they've  had a  trial. There is  also a                                                               
question  of people  who have  a  previous history  and if  there                                                               
should  be  retroactive expungement  of  that  record. The  other                                                               
issue is  there are a series  of crimes that are  associated with                                                               
trafficking a  victim might be  coerced into committing,  such as                                                               
shoplifting.  The problem  is  to determine  which  crimes are  a                                                               
result of trafficking and which are not.                                                                                        
                                                                                                                                
2:14:22 PM                                                                                                                    
SENATOR  DYSON said  trafficking  under Alaska  law doesn't  mean                                                               
transporting. He  asked if "induced" includes:  getting hooked on                                                               
drugs,  threats of  deportment, threats  against family  members,                                                               
and building dependency.                                                                                                        
                                                                                                                                
SENATOR GARDNER  agreed. She noted  that some people  many choose                                                               
of  their  own volition  to  become  involved in  commercial  sex                                                               
trade, but the  bill addresses people who have been  induced in a                                                               
variety of ways and where someone else benefits.                                                                                
                                                                                                                                
SENATOR DYSON clarified  that getting someone hooked  on drugs in                                                               
order to  get them to  work in the  sex trade  is a part  of what                                                               
"induced" means.                                                                                                                
                                                                                                                                
SENATOR  GARDNER said  it is  her understanding  that very  often                                                               
that is the case.                                                                                                               
                                                                                                                                
SENATOR DYSON  requested that  Senator Gardner  state that  it is                                                               
her intention  that inducements,  such as  intentional addiction,                                                               
are "positive defenses" because the  victim was not acting of her                                                               
own free will.                                                                                                                  
                                                                                                                                
SENATOR GARDNER agreed that is her intention.                                                                                   
                                                                                                                                
2:16:55 PM                                                                                                                    
CHAIR COGHILL said the intent is to make an affirmative defense.                                                                
                                                                                                                                
SENATOR GARDNER thanked the committee.  She said this legislation                                                               
is  a start  and  a  way to  better  understand this  multi-level                                                               
problem.                                                                                                                        
                                                                                                                                
CHAIR COGHILL asked for the will of the committee.                                                                              
                                                                                                                                
2:17:52 PM                                                                                                                    
SENATOR  DYSON  moved  to  report  SB  170  from  committee  with                                                               
individual recommendations and attached zero fiscal note(s).                                                                    
                                                                                                                                
CHAIR COGHILL announced that without  objection SB 170 moved from                                                               
the Senate Judiciary Standing Committee.