Legislature(2021 - 2022)BUTROVICH 205
03/04/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB187 | |
| SB189 | |
| SB187 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 187 | TELECONFERENCED | |
| += | SB 189 | TELECONFERENCED | |
| += | SB 182 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 4, 2022
1:34 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Jesse Kiehl
MEMBERS ABSENT
Senator Robert Myers
COMMITTEE CALENDAR
SENATE BILL NO. 187
"An Act relating to criminal law and procedure; relating to the
crime of harassment; relating to the duty to register as a sex
offender; amending the definition of 'sex offense'; relating to
lifetime revocation of a teaching certificate for certain
offenses; relating to the definition of 'domestic violence';
relating to multidisciplinary child protection teams; relating
to arrest authority for pretrial services officers and probation
officers; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 189
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to sentencing for sex trafficking
and patron of a victim of sex trafficking; establishing the
process for a vacatur of judgment for a conviction of
prostitution; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 182
"An Act establishing the crime of interference with emergency
communications."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 187
SHORT TITLE: HARASSMENT; SEX OFFENDERS & OFFENSES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) JUD, FIN
02/23/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/23/22 (S) Heard & Held
02/23/22 (S) MINUTE(JUD)
02/25/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/25/22 (S) Heard & Held
02/25/22 (S) MINUTE(JUD)
03/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/02/22 (S) Scheduled but Not Heard
03/04/22 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 189
SHORT TITLE: CRIME OF SEX/HUMAN TRAFFICKING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) JUD, FIN
02/28/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/28/22 (S) Heard & Held
02/28/22 (S) MINUTE(JUD)
03/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/02/22 (S) Heard & Held
03/02/22 (S) MINUTE(JUD)
03/04/22 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
DAVID IGNELL, representing self
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on SB 187.
KATIE BOTZ, representing self
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on SB 187.
ANNIE COUEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 187.
DAVID IGNELL, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 189.
KATIE BOTZ, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 189.
JOHN SKIDMORE, Deputy Attorney General
Office of the Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
189.
KELLY HOWELL, Special Assistant to the Commissioner
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Answered questions on changes to sex
offender registration requirements in SB 187.
LISA PURINTON, Chief
Criminal Records and Identification Bureau
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions on sex offender
registration requirements in SB 187.
ACTION NARRATIVE
1:34:20 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Senators Kiehl, Hughes,
Shower, and Chair Holland were present at the call to order.
SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES
1:35:17 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 187
"An Act relating to criminal law and procedure; relating to the
crime of harassment; relating to the duty to register as a sex
offender; amending the definition of 'sex offense'; relating to
lifetime revocation of a teaching certificate for certain
offenses; relating to the definition of 'domestic violence';
relating to multidisciplinary child protection teams; relating
to arrest authority for pretrial services officers and probation
officers; and providing for an effective date."
[SB 187 was previously heard on 2/23/22 and 2/25/22.]
1:35:33 PM
CHAIR HOLLAND opened public testimony on SB 187.
1:36:00 PM
DAVID IGNELL, representing self, Juneau, Alaska, expressed
concern that the bill might be politically motivated because it
was introduced during an election year, which can bring out
strong emotions from members of political parties. He offered
his view that there is immense political power on the subject of
sex crimes.
MR. IGNELL stated that legislators must uphold the Alaska
Constitution and US Constitution to protect individual freedoms,
including the right to a fair trial by jury and the fundamental
right to be protected from government tyranny. He provided
several examples of people he believed were convicted of crimes
that they did not commit. He wondered how this might occur and
whether it resulted from officials in the criminal justice
system seeking to advance their careers.
MR. IGNELL offered his view that leading the charge on sex
crimes is a proven way to get ahead in state government but
standing up against the manipulation and abuse of sex crime laws
can lead to disastrous career results. He provided anecdotal
remarks to illustrate his point.
MR. IGNELL noted that Alaska does not elect prosecutors or
judges, only legislators, and the governor.
1:40:00 PM
MR. IGNELL acknowledged the committee's legislative oversight of
the Alaska Court System and the Department of Law. He offered
his view that egregious violations of public oaths and
constitutional rights occur when those wrongfully convicted
remain in jail. He highlighted a Hoonah case to illustrate his
point.
1:40:46 PM
MR. IGNELL expressed concern that SB 187 would weaponize
government tyranny and fear that innocent people could be swept
up in politics. He commended a former legislator for standing up
for their constituents who complained some manipulated the
domestic violence laws and an attorney who dared to call out
prosecutors who overstepped constitutional and ethical
boundaries in sex crime cases.
1:41:54 PM
MR. IGNELL suggested that members could go along with the
politics or take a stand against government tyranny.
1:42:37 PM
KATIE BOTZ, representing self, Juneau, Alaska, asked members to
be mindful of victims as they consider SB 187. She said she was
still affected by the trauma of being sexually abused when she
was 12 years old. She suggested that the committee require
sexual predators to register long-term because they can continue
victimizing people. She reminded members that Alaska ranks first
in the nation for sexual assault.
1:45:22 PM
ANNIE COUEY, representing self, Anchorage, Alaska, said she
graduated from West High School in 2021. She said she was raped
in June 2021 when she was 17 and the perpetrator was 21. She
related that she told him no and to stop. She pushed him away,
but then she froze. She reported her sexual assault case to the
police department and described what had happened. She said they
told her she had a case. Almost a week later, a detective
assigned to her case informed her that the police would not
continue to investigate her case because the statutes for a
sexual assault require the perpetrator to use force and violence
during the assault. She offered her belief that what happened to
her was wrong and she deserves justice, but she will never
receive it. She stated that she is testifying today because no
victim should be denied justice and that Alaska has the worst
sexual assault and violence record in the nation. Alaska's laws
do not support victims. She offered her view that victims like
her who froze out of fear and shock should get justice. She
urged members to pass the bill.
1:47:16 PM
CHAIR HOLLAND, after ascertaining no one else wished to testify,
closed public testimony on SB 187.
1:47:25 PM
CHAIR HOLLAND temporarily set aside SB 187. He stated his
intention to bring it back before the committee later in the
meeting.
SB 189-CRIME OF SEX/HUMAN TRAFFICKING
1:47:26 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 189
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to sentencing for sex trafficking
and patron of a victim of sex trafficking; establishing the
process for a vacatur of judgment for a conviction of
prostitution; and providing for an effective date."
[SB 189 was previously heard on 2/28/22 and 3/2/22.]
1:47:47 PM
CHAIR HOLLAND opened public testimony on SB 189.
1:47:56 PM
DAVID IGNELL, representing self, Juneau, Alaska, said his
comments are precisely the same as his earlier testimony for SB
187. He said his heart goes out to victims of sexual assault,
that he had known families that have been affected by rape. He
acknowledged that the state must protect victims. He stated that
politics influence the ultimate decision.
1:49:55 PM
SENATOR SHOWER emphasized that the state needs to stomp out
sexual assault since Alaska has been ranked number one for
sexual assault. At the same time, the state must consider the
accused as innocent until proven guilty. He welcomed his
suggestions and feedback to improve SB 187.
MR. IGNELL said he appreciated his comments. He expressed his
willingness to devote energy to eliminating sex trafficking and
making the state safer for women. He said he grew up in Alaska
and is not proud of the sexual assault statistics in Alaska. He
expressed concern about issues in the criminal justice system.
1:54:25 PM
SENATOR HUGHES commented that she read his long and detailed
emails. She offered her belief that the committee's work is
important. She expressed an interest in hearing his suggestions
and insights to help victims of sexual assault. She asked
whether the bill should have stricter penalties. She emphasized
that the legislature does not want to put innocent people behind
bars. She pointed out that she began working with the Department
of Law's criminal division on this bill three or four years ago,
reviewing what other states have done to combat sexual assault
issues. She acknowledged that this was an election year, but she
did not believe the administration introduced the bill for
political gain.
1:57:33 PM
MR. IGNELL related a scenario to illustrate his point. Suppose
someone built the best airplane, but if they put the wrong pilot
in the cockpit, the plane will likely crash. He emphasized that
the sexual assault issue has been recognized for years, and the
legislature has revised the statutes many times, but it is
important to have the right leaders involved in the process.
1:58:43 PM
KATIE BOTZ, representing self, Juneau, Alaska, spoke in support
of SB 189. She referred to Section 29, which affects school bus
drivers. She was unsure whether that section of the bill was
providing additional protections. However, the state follows
federal law, which requires drivers must have a background check
and drug test. She pointed out that females can be sexual
predators. She said she hoped that the law would provide equal
treatment. She said she warns new friends moving to the state
that Alaska is number one in the nation for sexual assault and
domestic violence.
2:04:15 PM
CHAIR HOLLAND found no further testimony, and closed public
testimony on SB 189.
2:04:58 PM
SENATOR KIEHL referred to page 5 to the definition of "services,
resources or other assistance." He stated that it included
lodging and transportation but excluded humanitarian aid to a
victim of sex trafficking. He agreed that the state would not
want to prosecute someone who gave someone a place to sleep to
help them escape sex trafficking. However, what would prevent a
sex trafficker from saying that the cot on the floor and the
rides were humanitarian aid.
2:06:24 PM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Criminal Division, Department of Law, Anchorage,
Alaska, responded that it would depend on the investigation
conducted by law enforcement to determine who provided the aid
and their connection to the victim. He was unsure that he could
give a specific example. However, the department considered the
national best practices in drafting these statutes. One
recommendation was not to criminalize individuals who are
helping victims but to take action against those who assist in
further support of sex trafficking. He highlighted that the
statute states assisting in furtherance the violation of sex
trafficking. Thus, the investigation would consider factors,
including whether the lodging provided was in furtherance of sex
trafficking or if the person was trying to help the victim.
2:08:07 PM
SENATOR KIEHL said he would consider the language further. He
reiterated his concern was that a sex trafficker could claim
they were helping the victim.
2:08:46 PM
SENATOR HUGHES expressed concern with the related services. She
surmised there are times when services are being provided. For
example, suppose a person who owned an apartment building,
became suspicious, or even determined that sex trafficking
occurred. However, the landlord might ignore the illegal
activity because they collected rent. She asked whether the
landlord would be held liable for not reporting it.
MR. SKIDMORE answered that Alaska does not have a statutory
obligation for mandatory reporting. Their failure to report such
suspicions to law enforcement would not get them into trouble.
The landlord could only be prosecuted if the Department of Law
could prove beyond a reasonable that the landlord was aware of
and consciously disregarded a substantial and unjustifiable risk
that the illegal activity was occurring at the apartment. He
stated that suspicion was not enough to hold them criminally
liable.
2:10:36 PM
SENATOR HUGHES asked at what point the person has a duty to
report sex trafficking.
MR. SKIDMORE responded that he was not indicating anyone had a
duty to report. He stated that the question would be whether the
person was operating or owning a place of prostitution. He
highlighted that a landlord with concerns might wish to discuss
their situation with the tenant by persuading them to stop the
illegal activity, evicting their tenant, or contacting the
police. He highlighted that the person could not support or
further that conduct.
2:11:54 PM
SENATOR HUGHES asked if he had suggestions other than
encouraging the public to report suspicious activity. She
expressed concern that the state was having difficulty
eradicating sex trafficking in Alaska. She stated that her
interest was to proactively help the victims by identifying the
situations and getting them reported.
MR. SKIDMORE responded that he wasn't suggesting that other
steps could not be taken. He indicated that the state needs a
public education media campaign organized by the state to
highlight the issue of sex trafficking in Alaska and identify
where it occurs and how to identify it. However, this bill does
not address those aspects.
2:13:20 PM
SENATOR KIEHL recalled receiving a letter about the statute of
limitations. He asked which crimes have a statute of limitations
or if the bill makes some conforming changes.
MR. SKIDMORE asked whether he was interested in the statute of
limitations associated with the bill or if the bill should
change the current statute of limitations.
SENATOR KIEHL answered that he was interested in the statute of
limitations in the bill.
2:14:24 PM
MR. SKIDMORE referred to the statute of limitations. He stated
that AS 12.10.010(a)(8) says that sex trafficking in violation
of AS 11.66.110-11.66.130 is an unclassified, class A, or class
B felony if the crime was committed against a person who was
under the age of 20. That provision does not have a statute of
limitations. He referred to Section 15 of SB 187, on pages 10-
11. The only changes are on page 11, lines 2 and 6. The statute
of limitations is eliminated for sex trafficking in violation of
AS 11.41.340, sex trafficking in the first degree, and AS
11.41.345, sex trafficking in the second degree, and human
trafficking, or there wasn't any statute of limitations for the
highest level of crime, regardless of the victim's age. For
example, sex trafficking in the first degree, which forces
someone to engage in sex trafficking, would have an unlimited
statute of limitations if the victim was under 20 years of age.
If the victim were 21 years old, the state would have 10 years
to prosecute the crime.
MR. SKIDMORE said the current statute of limitations for
recruitment of sex trafficking under AS 11.41.345 is 10 years,
but SB 187 would eliminate it. This means there would not be a
statute of limitations for recruiting someone into sex
trafficking.
2:17:25 PM
SENATOR KIEHL related his understanding that sex trafficking
someone or bringing them into sex trafficking by force or
inducement would not have a statute of limitations.
2:17:49 PM
CHAIR HOLLAND held SB 189 in committee.
SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES
2:17:50 PM
CHAIR HOLLAND brought SB 187 back before the committee for
further consideration.
2:18:19 PM
SENATOR KIEHL referred to sex offender registration. He related
his understanding that this would affect people who were no
longer under probation or parole but still needed to be
registered. He highlighted that the bill adds new requirements
related to travel, including requiring a person to submit their
plans to the department in person.
2:19:17 PM
KELLY HOWELL, Special Assistant to the Commissioner, Department
of Public Safety, Juneau, Alaska, responded that the requirement
for in-person notification for out-of-state travel was to comply
with the Sex Offender Registration and Notification Act (SORNA).
She explained that SORNA requires in-person registration and
notification, which confirms that the person is still present in
the state before departing. However, the department understands
that Alaska's vast geography and where offenders may currently
reside could create difficulties for them to comply. She noted
the department was amenable to suggestions the committee may
have.
2:20:52 PM
CHAIR HOLLAND asked whether there was any conflict if the state
did not require in-person notification since the federal law
requires it.
2:21:01 PM
LISA PURINTON, Chief, Criminal Records and Identification
Bureau, Department of Public Safety (DPS), Anchorage, Alaska,
stated that the changes were primarily to comply with SORNA. She
explained that sex offenders must report any changes in travel,
name, or address to their local law enforcement.
2:21:59 PM
SENATOR KIEHL referred to AS 12.63.101 (h) in Section 7 on page
6. That provision requires the offender to notify the department
in writing if they plan to travel for seven days or more. He
noted that these offenders are no longer on parole or probation
but are on the registry. He asked how the traveling person could
meet this requirement if their plans changed during the trip.
MS. HOWELL deferred to Ms. Purinton.
MS. PURINTON responded that if the sex offender's travel plans
were interrupted, such as their flight was canceled or they
missed the flight; then it would be considered extenuating
circumstances. She noted that the federal law that governs SORNA
provides an allowance for unforeseen circumstances. The person
would provide the documentation and immediately work to remedy
the situation.
2:23:56 PM
SENATOR KIEHL stated that he was focused on those individuals no
longer under state supervision since registration requirements
would interfere with the person's freedom to travel. He related
that he recently took a trip and decided to stay a few extra
days. He expressed concern if there were not a way for a sex
offender not under state supervision to modify their travel
plans as long as there is a way for them to notify the registry.
He was unsure what public purpose would be served if they could
only change their plans except in circumstances beyond their
control.
2:25:08 PM
MS. PURINTON responded that she would have to look into the
change in travel plans. For example, if the person originally
submitted a plan to travel to North Caroline, but travel plans
changed and the person decided to go to Disney World in Orlando.
She was unsure how that would be addressed. She acknowledged
that the department has change forms, which is typically how sex
offenders would notify the registry of changes in any of their
information. She said this is the method sex offenders use to
meet the in-writing requirement.
2:25:58 PM
MS. HOWELL responded that the purpose of SORNA and the National
Sex Offender Registry is to ensure uniformity among states as
offenders travel. As Ms. Purinton mentioned, traveling to
another state that is not part of the plan requires the sex
offender from Alaska to notify the other states where that
person plans to travel. She highlighted it as one reason why
informing about changes in travel was necessary.
2:26:50 PM
CHAIR HOLLAND advised members that he was working with
stakeholders on a committee substitute (CS) for SB 187.
2:27:21 PM
SENATOR HUGHES asked if the information that appears on SORNA,
whether it would include the person's name, address,
convictions, or something else.
2:27:41 PM
MS. HOWELL deferred to Ms. Purinton.
2:28:01 PM
MS. PURINTON replied that it would be the offender's name,
location, conviction, and whether the person is compliant with
their registration requirements. She stated that she would need
to review it to see what else was provided. Still, no personal
information is listed, such as the person's Alaska Driver's
License or social security number.
CHAIR HOLLAND asked whether SORNA shows any images.
MS. PURINTON answered yes. She stated that a photo of the person
is on the website.
2:28:50 PM
SENATOR HUGHES asked whether the public could click on a city
and see a map location of where sex offenders reside.
MS. PURINTON related that the sex offender registry is
searchable by zip code, multiple zip codes, or city to obtain
the offenders registered in those areas.
2:29:27 PM
CHAIR HOLLAND held SB 187 in committee.
2:29:38 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 2:29 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 189 Public Testimony (Futerfas).pdf |
SJUD 3/4/2022 1:30:00 PM |
SB 189 |
| SB 189 Letter of Opposition (CUSP).pdf |
SJUD 3/4/2022 1:30:00 PM |
SB 189 |