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 |
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.
| 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 |