Legislature(2021 - 2022)GRUENBERG 120

02/25/2022 01:30 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ SB 11 COMMUNITY PROPERTY TRUSTS TELECONFERENCED
Heard & Held
*+ HB 325 DOMESTIC VIOLENCE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 172 MENTAL HEALTH FACILITIES & MEDS TELECONFERENCED
Moved CSHB 172(JUD) Out of Committee
                    HB 325-DOMESTIC VIOLENCE                                                                                
                                                                                                                                
2:13:12 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL NO. 325, "An Act relating to domestic violence."                                                                     
                                                                                                                                
2:13:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SARA  RASMUSSEN,  Alaska  State  Legislature,  as                                                               
prime sponsor,  presented HB 325.   She stated that HB  325 would                                                               
incorporate image-based  sexual abuse,  which may be  referred to                                                               
as "revenge  porn" into  the definition  of domestic  violence so                                                               
that it may be prosecuted as harassment in the second degree.                                                                   
                                                                                                                                
2:14:45 PM                                                                                                                    
                                                                                                                                
CRYSTAL  KOENEMAN, Staff,  Representative Sara  Rasmussen, Alaska                                                               
State Legislature, on behalf of  prime sponsor, presented HB 325.                                                               
She  stated  that  the  definition  related  to  explicit  images                                                               
contained  in  the  statute defining  harassment  in  the  second                                                               
degree into AS  18.66.990 (3) related to domestic  violence.  She                                                               
stated that  no change of  definition would occur, should  HB 325                                                               
pass,  and that  the bill  would  include the  definition in  the                                                               
domestic violence statute.                                                                                                      
                                                                                                                                
2:16:29 PM                                                                                                                    
                                                                                                                                
LOREE MORTON,  Advocacy Initiatives  Director, Alaska  Network on                                                               
Domestic Violence and Sexual Assault,  testified in support of HB
325.   She stated  that the Alaska  Network on  Domestic Violence                                                               
and Sexual Assault (ANDVSA) supports  adding the sixth element of                                                               
harassment in the second degree  to the domestic violence statute                                                               
or  crime involving  domestic violence  to include  publishing or                                                               
distributing  electronic  or  printed photographs,  pictures,  or                                                               
films that  show the genitals,  anus, or female breast(s)  of the                                                               
other person, or  that show that person engaged in  a sexual act.                                                               
She stated  that abusers will  use any means to  control partners                                                               
and to coerce  partners into doing, or not  doing, certain things                                                               
that  benefit the  abuser.   She  stated that  use  of the  media                                                               
described   may  cause   ridicule,   embarrassment,  shame,   and                                                               
degradation and  may be  used to  keep the  victim trapped  in an                                                               
abusive situation.                                                                                                              
                                                                                                                                
2:18:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  asked whether  the sharing of  such images                                                               
is already  a crime  but is  not considered  a crime  of domestic                                                               
violence.                                                                                                                       
                                                                                                                                
MS. KOENEMAN confirmed this as correct.                                                                                         
                                                                                                                                
REPRESENTATIVE SNYDER asked for an  explanation in any changes in                                                               
penalty or punishment, should HB 325 pass.                                                                                      
                                                                                                                                
REPRESENTATIVE  RASMUSSEN  answered  that  one  important  change                                                               
would be  that it  would allow  victims to  petition to  obtain a                                                               
restraining order.                                                                                                              
                                                                                                                                
2:20:12 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law,  answered that the crime  of domestic violence                                                               
is used  in several areas of  law including criminal law  and the                                                               
filing  of protective  orders.    She offered  an  example of  an                                                               
individual who  may interfere  with the reporting  of a  crime of                                                               
domestic  violence and,  should HB  325 pass,  the use  of images                                                               
could be used  as evidence of that crime.   She stated that there                                                               
would not  be any change to  sentencing and the crime  would be a                                                               
Class  B misdemeanor.    She stated  that  there otherwise  exist                                                               
mandatory minimum sentences for  crimes of domestic violence such                                                               
as  for those  involving assault.    She noted  that there  exist                                                               
special provisions  for bail associated  with crimes  of domestic                                                               
violence at the time of arraignment.                                                                                            
                                                                                                                                
REPRESENTATIVE  VANCE  asked how  the  passage  of HB  325  would                                                               
impact protective orders.                                                                                                       
                                                                                                                                
MS. SCHROEDER  answered that, for  a court to issue  a protective                                                               
order,  the court  would  be required  to find  that  a crime  of                                                               
domestic  violence  had  occurred,  and it  would  refer  to  the                                                               
underlying statute to determine  whether the conduct had amounted                                                               
to domestic violence.                                                                                                           
                                                                                                                                
REPRESENTATIVE  VANCE  asked  how  a protective  order  would  be                                                               
implemented to  provide for added  protection against the  use of                                                               
images.                                                                                                                         
                                                                                                                                
MS. SCHROEDER answered  that a court may order  an individual not                                                               
to commit a  crime against a person, and  that continued behavior                                                               
could  result in  additional criminal  charges.   She added  that                                                               
there would likely be a provision of no contact issued.                                                                         
                                                                                                                                
2:23:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  the  definition  of publishing  or                                                               
distributing.                                                                                                                   
                                                                                                                                
MS. SCHROEDER answered  that the definition of  publishing on the                                                               
internet  exists  in  other statutes  and  added  that  Webster's                                                               
Dictionary  is used  to  define  terms that  are  not defined  in                                                               
statute.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked   whether  distribution  could  be                                                               
considered should  the images  be distributed  to only  one other                                                               
individual.                                                                                                                     
                                                                                                                                
MS. SCHROEDER  answered that the  material would not  be required                                                               
to  be  widely distributed.    She  added that  "distributes"  is                                                               
defined in 11.61.116, which pertains  to distributing an explicit                                                               
image of a minor and means  to deliver an image to another person                                                               
by sending the image to another person's computer or telephone.                                                                 
                                                                                                                                
2:25:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   noted  that  the   proposed  definition                                                               
includes electronic and print [format]  and expressed his concern                                                               
that an  individual may  attempt to contact  a minor's  parent to                                                               
alert  him/her to  the image  being distributed  could result  in                                                               
that concerned party then having committed a crime.                                                                             
                                                                                                                                
MS. SCHROEDER offered the clarification  that the example offered                                                               
pertained to  children and would  be associated with  a different                                                               
statute and not that concerning domestic violence.                                                                              
                                                                                                                                
MS.  SCHROEDER offered  additionally that,  for a  crime to  have                                                               
occurred, the perpetrator would have  had the intent to harass or                                                               
annoy the victim.  She stated  that the previous example could be                                                               
an  indication  that a  crime  had  occurred  and that  it  would                                                               
require evidence  of the mental  state of the  individual sharing                                                               
the  explicit  image  with  the   parent.    She  added  that  an                                                               
individual  sharing an  image out  of  concern Is  not intent  to                                                               
harass or annoy.                                                                                                                
                                                                                                                                
REPRESENTATIVE  RASMUSSEN   added  that  in  cases   of  domestic                                                               
violence, the  abuser is often  engaged in acts to  manipulate or                                                               
coerce the  victim and offered  n example in which  a perpetrator                                                               
would threaten to  or share the image with  the victim's employer                                                               
and  distributing  it  to  solely   one  person  would  meet  the                                                               
definition of harassment.                                                                                                       
                                                                                                                                
2:31:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER asked,  using  the hypothetical  situation                                                               
involving  an  explicit  image  of  a  16-year-old,  whether  the                                                               
definition of domestic  violence would be met  when the concerned                                                               
party is not a member of the 16-year-old's household.                                                                           
                                                                                                                                
MS. SCHROEDER  answered that for a  crime to be considered  to be                                                               
domestic violence, the  person is required to be a  member of the                                                               
victim's household.   She noted that a  16-year-old being annoyed                                                               
that  a parent  is notified  would not  amount to  the intent  or                                                               
conscious objective to harass or annoy the victim.                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN stated that  the proposed definition would                                                               
exclude  a 15-year-old  victim  and asked  why  it would  pertain                                                               
instead to a 16-year-old.                                                                                                       
                                                                                                                                
MS.  KOENEMAN   answered  that  any   [explicit]  images   of  an                                                               
individual  under the  age of  16  would fall  under a  different                                                               
statute,  11.61.116  which is  sending  an  explicit image  of  a                                                               
minor.                                                                                                                          
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether  the intent of  the sponsor                                                               
would be that  crimes associated with an individual  over the age                                                               
of  16 would  be  domestic violence,  and  those associated  with                                                               
individuals under  the age of  16 would  not be considered  to be                                                               
domestic violence.                                                                                                              
                                                                                                                                
REPRESENTATIVE RASMUSSEN  answered that HB 325  would not address                                                               
the age  of consent  in statute but  would update  the associated                                                               
statute to include the increased  prevalence of electronic images                                                               
and videos  and the  means of their  distribution of  images that                                                               
would make the victim embarrassed or ashamed.                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN   restated  his   question  to   ask  why                                                               
individuals  under the  age  of  16 would  be  excluded from  the                                                               
definition of domestic violence [under the proposed bill.]                                                                      
                                                                                                                                
MS.  KOENEMAN answered  that the  distribution of  images existed                                                               
otherwise in  statute and HB 325  would not make changes  to that                                                               
existing statute.                                                                                                               
                                                                                                                                
2:38:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  how  often this  type  of  behavior                                                               
occurs  to establish  whether the  need exists  for the  proposed                                                               
bill.                                                                                                                           
                                                                                                                                
2:39:06 PM                                                                                                                    
                                                                                                                                
SERGEANT  MICHAEL HENRY,  Alaska  State  Troopers, Department  of                                                               
Public Safety,  stated that the  Department of Public  Safety had                                                               
conducted   an  audit   to   determine   statistics  related   to                                                               
harassment, and the law  contains approximately eight subsections                                                               
under which there  had been 180 instances, and  he cautioned that                                                               
the information provided was an estimate.                                                                                       
                                                                                                                                
CHAIR  CLAMAN  asked whether  the  180  cases of  harassment  had                                                               
included both  those in the first  and in the second  degree, and                                                               
over what period they had been reported.                                                                                        
                                                                                                                                
SGT. HENRY answered  that the statistics included  data from 2012                                                               
to present and had been charges  filed under AS 11.61.128 (6) and                                                               
he noted that  some of those reported had  been improperly coded.                                                               
He  stated that  a separate  audit had  been conducted  regarding                                                               
cases that had  actually resulted in charges filed,  and that had                                                               
been a  total of nine  incidents.  He  offered to follow  up with                                                               
the committee should it chose to request additional research.                                                                   
                                                                                                                                
MS. KOENEMAN  added that crimes  involving domestic  violence are                                                               
severely  underreported  and  that   there  existed  reasons  for                                                               
victims  to not  come  forward  to report  crimes,  and that  the                                                               
absence of  statistics supporting the  need for the bill  did not                                                               
equate to less of an existing need for the protections in law.                                                                  
                                                                                                                                
2:43:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  referred to page  1 of a  document entitled                                                               
"HB  325 Supporting  Documents 2.17.2022.pdf,"  [included in  the                                                               
committee  packet,]  which  depicted   that  "revenge  porn"  was                                                               
illegal and  it noted, "1  in 3 victims  of sextortion in  a 2017                                                               
online survey  said they had  never told anyone,  largely because                                                               
of shame or  embarrassment" and asked whether  there existed some                                                               
legal loophole that required the proposed legislation.                                                                          
                                                                                                                                
MS. KOENEMAN  answered that this  type of harassment  was illegal                                                               
in  Alaska under  criminal  harassment statute,  but  it was  not                                                               
included  in the  domestic violence  statute.   She stated  that,                                                               
when the  court is seeking  to determine  if a crime  of domestic                                                               
violence  between  household  members had  occurred,  a  domestic                                                               
violence protective order could be issued based on such conduct.                                                                
                                                                                                                                
REPRESENTATIVE SNYDER  asked whether  the primary purpose  of the                                                               
proposed   bill  would   be  to   include  the   publication  and                                                               
distribution of explicit images so  that individuals may file for                                                               
a protective order under the domestic violence statute.                                                                         
                                                                                                                                
MS. KOENEMAN  answered yes,  and it  would provide  victims legal                                                               
assurance that the conduct qualifies as domestic violence.                                                                      
                                                                                                                                
REPRESENTATIVE SNYDER asked, in  cases that may involve teenagers                                                               
not  sharing  a  household  with  the  perpetrator,  whether  [an                                                               
individual  between the  ages of  16  to 18]  would file  charges                                                               
under the harassment in the second-degree statute.                                                                              
                                                                                                                                
MS.  KOENEMAN  confirmed that  proposed  statute  would apply  to                                                               
victims over the  age of 16 and, for those  victims under the age                                                               
of  16,  charges  would  be filed  under  the  child  pornography                                                               
statute.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SNYDER  asked whether there existed  a possibility                                                               
of  an individual  being  granted a  protective  order under  the                                                               
harassment in the second-degree statute.                                                                                        
                                                                                                                                
MS. SCHROEDER offered that, in  cases of harassment charges being                                                               
filed, the state would request a  no-contact order at the time of                                                               
the bail hearing.                                                                                                               
                                                                                                                                
2:48:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked, regarding the  requirement of  the household                                                               
member relationship, asked whether  a next-door neighbor could be                                                               
charged with a crime of domestic violence.                                                                                      
                                                                                                                                
MS. SCHROEDER stated that he/she could not.                                                                                     
                                                                                                                                
CHAIR CLAMAN  asked whether a  couple who had lived  together and                                                               
had since  split, and  one distributed  explicit pictures  of the                                                               
other some  time after the  split, whether the  perpetrator could                                                               
be charged with a crime of domestic violence.                                                                                   
                                                                                                                                
MS.  SCHROEDER   answered  that  it  could   and  explained  that                                                               
household members  include those who  live together or  those who                                                               
had lived together.                                                                                                             
                                                                                                                                
CHAIR CLAMAN asked, in a  case that involved two 17-year-olds, in                                                               
a  dating relationship,  and one  distributed explicit  pictures,                                                               
whether  the  perpetrator  could  be  charged  with  a  crime  of                                                               
domestic violence.                                                                                                              
                                                                                                                                
MS. SCHROEDER stated that the  definition would include those who                                                               
are dating or who have dated.   She emphasized the provision that                                                               
there would  need to  exist the  intent to  harass or  annoy [the                                                               
victim.]                                                                                                                        
                                                                                                                                
CHAIR CLAMAN asked what bail  considerations could be made by the                                                               
court  for someone  charged with  harassment  under the  domestic                                                               
violence  statute compared  to that  of  a non-domestic  violence                                                               
harassment charge.                                                                                                              
                                                                                                                                
MS.  SCHROEDER  answered  that   regarding  release  on  domestic                                                               
violence  cases under  AS 12.30.027,  the  main consideration  is                                                               
whether conditions of release would allow contact or no contact.                                                                
                                                                                                                                
CHAIR CLAMAN asked what typical bail  would be set in the case of                                                               
harassment  in  the second  degree,  as  a Class  B  misdemeanor,                                                               
considering one's criminal history.                                                                                             
                                                                                                                                
MS. SCHROEDER answered that, in a  case when the defendant has no                                                               
criminal history  it would likely  be an "own  recognizance" (OR)                                                               
release and would likely include an order for no contact.                                                                       
                                                                                                                                
2:52:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  stated  his  understanding  that,  under                                                               
federal  law,  a misdemeanor  crime  of  domestic violence  could                                                               
result  a  loss of  access  to  firearms  and asked  whether  the                                                               
proposed bill would result in an individual subject to the same.                                                                
                                                                                                                                
MS. SCHROEDER  cautioned that she  was not familiar  with federal                                                               
law and suggested that DPS may be able to answer the question.                                                                  
                                                                                                                                
SERGENT  HENRY offered  to follow  up with  the committee  with a                                                               
confirmed answer.                                                                                                               
                                                                                                                                
2:53:31 PM                                                                                                                    
                                                                                                                                
KELLY HOWELL,  Special Assistant to the  Commissioner, Department                                                               
of Public Safety,  stated her belief that, for a  crime to amount                                                               
to an inhibition  to possess or purchase  firearms or ammunition,                                                               
a  crime involving  domestic violence  would need  to include  an                                                               
element of force.  She offered  to follow with the committee with                                                               
a confirmed answer.                                                                                                             
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether distributing  images would                                                               
ever involve [the use of] force.                                                                                                
                                                                                                                                
MS.HOWELL stated  her belief that  it would not, and  deferred to                                                               
the Department of Law to provide a confirmed answer.                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN asked for  the definition to the exception                                                               
for images that do not  involve nudity in subsection 6, paragraph                                                               
6.                                                                                                                              
                                                                                                                                
CHAIR CLAMAN  asked whether Representative Eastman  was referring                                                               
to the proposed  language that involves images for  a sexual act,                                                               
which Representative Eastman confirmed.                                                                                         
                                                                                                                                
MS. SCHROEDER answered  that the term "sexual act"  is defined in                                                               
AS 11.41.470(6) and means sexual penetration or sexual contact.                                                                 
                                                                                                                                
2:57:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  Ms. Howell,  should  an  individual                                                               
express distress at  the discovery of the conduct,  should HB 325                                                               
pass, whether  the accused would  be subject to  automatic arrest                                                               
under the domestic violence statute.                                                                                            
                                                                                                                                
MS.  HOWELL  answered  that crimes  involving  domestic  violence                                                               
which  had occurred  in the  preceding 12  hours would  result in                                                               
mandatory arrest.   She  recommended that  Sergeant Henry  may be                                                               
able to fully answer the question.                                                                                              
                                                                                                                                
SERGEANT  HENRY  explained  that  if,  after  a  crime  has  been                                                               
reported and  an investigation reveals the  existence of probable                                                               
cause, then  three criteria would need  to be met for  an arrest.                                                               
He  listed those  as the  existence of  probable cause,  that the                                                               
crime  occurred  between  household  members,  and  had  occurred                                                               
within  the prior  12  hours and,  if all  three  had been  found                                                               
during the  investigation, a  mandatory arrest  would occur.   If                                                               
the alleged  crime had occurred more  than 12 hours prior  to the                                                               
report  or it  as  determined that  the  definition of  household                                                               
members did not apply, then a mandatory arrest would not occur.                                                                 
                                                                                                                                
2:59:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN stated that HB 325 was heard and held.                                                                    

Document Name Date/Time Subjects
SB 11 v. G 5.11.2021.PDF HJUD 2/25/2022 1:30:00 PM
HJUD 3/4/2022 1:00:00 PM
HJUD 3/11/2022 1:00:00 PM
SB 11
SB 11 Sponsor Statement v. G 2.17.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 3/4/2022 1:00:00 PM
HJUD 3/11/2022 1:00:00 PM
SB 11
SB 11 Sectional Analysis v. G 2.17.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 3/4/2022 1:00:00 PM
HJUD 3/11/2022 1:00:00 PM
SB 11
SB 11 Supporting Document - Supreme Court Phillips Decision 12.18.2020.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 3/4/2022 1:00:00 PM
HJUD 3/11/2022 1:00:00 PM
SB 11
SB 11 Supporting Document - LISI Article 7.29.2019.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 3/4/2022 1:00:00 PM
HJUD 3/11/2022 1:00:00 PM
SB 11
SB 11 Supporting Document - Community Property Trust Act.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 3/4/2022 1:00:00 PM
HJUD 3/11/2022 1:00:00 PM
SB 11
SB 11 Fiscal Note JUD-ACS 2.2.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 3/4/2022 1:00:00 PM
HJUD 3/11/2022 1:00:00 PM
SB 11
HB 325 v. A 2.16.2022.PDF HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 325
HB 325 Sponsor Statement v. A 2.17.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
SJUD 5/16/2022 1:30:00 PM
HB 325
HB 325 Supporting Documents 2.17.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
SJUD 5/16/2022 1:30:00 PM
HB 325
HB 325 Fiscal Note LAW-CRIM 2.18.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 325
HB 325 Fiscal Note DPS-DET 2.19.2022.pdf HJUD 2/25/2022 1:30:00 PM
HJUD 5/2/2022 1:00:00 PM
HJUD 5/6/2022 10:30:00 AM
HB 325
HB 172 Work Draft Committee Substitute v. W 2.16.2022.pdf HJUD 2/16/2022 1:30:00 PM
HJUD 2/21/2022 1:00:00 PM
HJUD 2/23/2022 1:30:00 PM
HJUD 2/25/2022 1:30:00 PM
HB 172
HB 172 v. W Amendments #1-4 HJUD Final Votes 2.23.2022.pdf HJUD 2/25/2022 1:30:00 PM
HB 172
HB 172 v. W Amendment #5 HJUD 2.25.2022.pdf HJUD 2/25/2022 1:30:00 PM
HB 172
HB 172 v. W Amendments #1-5 HJUD Final Votes 2.25.2022.pdf HJUD 2/25/2022 1:30:00 PM
HB 172