03/15/2019 01:30 PM House JUDICIARY

          HB  52-CRIMES;SEX CRIMES;SENTENCING; PAROLE                                                                       
                                                                                                                                
1:41:05 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 52 "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."                                                                     
                                                                                                                                
1:42:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 52.                                                                                  
                                                                                                                                
1:42:57 PM                                                                                                                    
                                                                                                                                
KATIE BOTZ  relayed her experience  as a victim of  sexual abuse.                                                               
[Due to technical difficulties, much  of Ms. Botz's testimony was                                                               
indiscernible.   She had read  from a similar  prepared statement                                                               
during  the  Senate  Judiciary   Standing  Committee  meeting  on                                                               
February 18, 2019.  She gave  permission for that testimony to be                                                               
reflected in this record.]                                                                                                      
                                                                                                                                
MS. BOTZ said  she was originally from Kodiak, where  she was the                                                               
victim  of  sexual  abuse at  the  age  of  12.   She  said  many                                                               
statistics show  that victims often  know their rapist.   In this                                                               
case,  she said,  her rapist  was  an 18-year-old  friend of  her                                                               
brother.  She  detailed her efforts to hide from  her abuser, who                                                               
was welcome  in the house  and worked around her  family members'                                                               
schedules to  abuse her.  She  said her mother caught  him in the                                                               
act, which broke  her mother's heart.  She  discussed the testing                                                               
of  her rape  kit and  the involvement  of the  police and  court                                                               
system.   She said she wishes  her abuser had received  more than                                                               
six years in  prison.  She noted that she  remembers the abuse as                                                               
if it happened  yesterday.  She explained that  she cried herself                                                               
to sleep  every night  for five  years and  how she  feared sleep                                                               
because of  chronic nightmares.   She said  she did not  speak to                                                               
anyone about her  nightmares, possibly because of  the stigma and                                                               
embarrassment of being a victim.   She said she wishes her abuser                                                               
served  more than  six years  in prison  because it  took her  12                                                               
years to  recover.  She  added that sexual  abuse is a  topic too                                                               
difficult for some victims to  discuss.  She remarked that Alaska                                                               
has the  highest sex crime rate  in America and only  one percent                                                               
of predators  end up in jail.   She said if  the government wants                                                               
to protect the public, something must be done about this.                                                                       
                                                                                                                                
[MS.  BOTZ,  during  the   Senate  Judiciary  Standing  Committee                                                               
meeting  on  February  18,  2019,   also  spoke  against  outside                                                               
residents coming  to Alaska to  dodge sex  offender registration.                                                               
She said all Alaskan residents should  have the right to know who                                                               
they are  associating with.   She said  incitement of a  minor is                                                               
still a  crime, regardless  of how  it is  committed.   She noted                                                               
that  sexual  harassment  is  not  often  properly  respected  by                                                               
authorities,  which makes  it difficult  for victims  to go  to a                                                               
supervisor.   She asked for  something to help victims  feel more                                                               
comfortable reporting  sexual harassment.  She  said imprisonment                                                               
of less  than ten years  for serious  crimes does not  do justice                                                               
for victims,  noting that a victim  will suffer for a  lot longer                                                               
than  that ten  years.   She  urged a  sentence of  20 years  for                                                               
victims aged 13  and older and 30 years for  victims under 13, so                                                               
that victims can have peace of mind.]                                                                                           
                                                                                                                                
1:46:26 PM                                                                                                                    
                                                                                                                                
MICHELE VASQUEZ  said she whole-heartedly  supports HB  52 though                                                               
asked that  the bill be  amended to make  it a third-  or fourth-                                                               
degree  sexual assault  for  anyone in  law  enforcement to  have                                                               
sexual  contact  or  penetration  with anyone  during  an  active                                                               
criminal    investigation.       She    called   that    behavior                                                               
"reprehensible" and said  it should not be tolerated.   She said,                                                               
given Alaska's  position as  the state with  the highest  rate of                                                               
sexual assault,  legislators should  make a clear  statement that                                                               
nobody is  above the law  when it comes  to sexual assault.   She                                                               
said all Alaskans should be protected.                                                                                          
                                                                                                                                
1:47:40 PM                                                                                                                    
                                                                                                                                
MAXINE   DOOGAN,  representing   Community   United  for   Safety                                                               
Protection (CUSP), explained  that CUSP is an  advocacy group for                                                               
current  and former  sex workers,  sex  trafficking victims,  and                                                               
their  allies.   She  asked  that HB  52  be  amended to  include                                                               
language  making  police officers  guilty  of  third- or  fourth-                                                               
degree  felony sexual  assault  if they  have  sexual contact  or                                                               
penetration  with   anyone  that   they  are   investigating  for                                                               
prostitution or  sex trafficking.   She cited a CUSP  survey that                                                               
found 90  percent of Alaska  voters support making it  a criminal                                                               
offense.                                                                                                                        
                                                                                                                                
1:49:11 PM                                                                                                                    
                                                                                                                                
TERRA  BURNS,  also  representing  Community  United  for  Safety                                                               
Protection, asked  for HB 52 to  be amended to make  it third- or                                                               
fourth-degree  sexual assault  for a  police officer  to sexually                                                               
penetrate  or  have  sexual  contact  with  people  under  active                                                               
investigation during an active criminal  investigation.  She said                                                               
she did her  graduate research at University  of Alaska Fairbanks                                                               
on the lived experiences and  policy recommendations of people in                                                               
Alaska's  sex trade.   She  said approximately  a quarter  of sex                                                               
workers  say  they  have  been sexually  assaulted  by  a  police                                                               
officer.   She added that  60 percent of sex  trafficking victims                                                               
say they have  been sexually assaulted by a police  officer.  She                                                               
explained that APD  conducts stings as a primary  way to identify                                                               
sex trafficking  victims.   She said  CUSP is  aware of  cases in                                                               
which  people  have  called  911   to  say  that  they  were  sex                                                               
trafficking victims and then, instead  of following up with them,                                                               
APD conducted  a prostitution sting operation  where officers had                                                               
sexual  contact with  them.   She  stressed that  victims of  sex                                                               
crimes  should  be   treated  equally  and  not   be  subject  to                                                               
revictimization by law  enforcement.  She said this  is a common-                                                               
sense amendment  as the  committee is  already looking  to adjust                                                               
the  sexual assault  statute.   She restated  that 90  percent of                                                               
Alaska  voters  want  to  see  this  happen.    She  thanked  the                                                               
committee members for their work addressing sex crimes.                                                                         
                                                                                                                                
1:51:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN ascertained there were  no further people wishing to                                                               
testify.  He closed public testimony on HB 52.                                                                                  
                                                                                                                                
1:52:24 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  announced  the  bill would  be  held  for  further                                                               
review.