Legislature(2021 - 2022)BUTROVICH 205
03/09/2022 01:30 PM Senate JUDICIARY
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Audio | Topic |
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Start | |
SB187 | |
SB189 | |
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 | |
+ | TELECONFERENCED |
SB 189-CRIME OF SEX/HUMAN TRAFFICKING 2:04:40 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." CHAIR HOLLAND noted that the committee was preparing a committee substitute, but it was not ready. 2:05:04 PM SENATOR MYERS directed attention to a potential discrepancy in the language on page 5, lines 2-6, and the language on page 21, lines 15-18, related to the presumption and burden of proof in vacatur of judgment of conviction for prostitution proceedings. He interpreted this language to mean that the person should not be charged as a prostitute because the person was a victim of sex trafficking. He agreed with the policy but expressed concern that the person must prove that they were a victim to get the conviction vacated. He acknowledged that it was the lowest level of proof, a preponderance of the evidence, but it seemed uneven. He stated that a person could say they were a victim and not need to provide proof, but the person claiming to be a victim must prove it to vacate the conviction. MS. SCHROEDER responded that those two sections address different things. The language that speaks to "corroboration of certain testimony not required" relates to prosecuting someone for sex trafficking, but this statute applies to all offenses. The department doesn't need to bring in substantial evidence to corroborate. She acknowledged it probably wasn't a good idea to place that language in statute, and she was unsure why the legislature adopted it. However, this is current law, and SB 189 merely relocates the statute. MS. SCHROEDER stated that this relates to proving something beyond a reasonable doubt. She did not think that the victim providing testimony that they were sex trafficked without providing corroborating evidence was likely to succeed. Nothing would prevent the state from attempting to do so, and nothing says a specific quantum is necessary. However, the state does screen cases by looking for corroborating evidence to meet the high bar. In terms of vacating a judgment, the person can prove it with solely their testimony, but they must meet the preponderance of the evidence standard. If the person presents a compelling and credible case, the judge could make a finding to overturn their conviction. However, nothing requires the person to bring in lots of evidence to get their conviction vacated either. 2:08:36 PM SENATOR MYERS commented that it still seems like a mismatch from the victim's perspective. He said, "On the one hand, if I say it earlier, I don't have to prove anything, but if I say it later, then I have to prove it." He suggested that the timing concerns him because if something is true, it doesn't depend on when the person said it. MS. SCHROEDER replied that it is not the victim in the sex trafficking case who has to prove it. The state must prove the crime, so it will look for corroborating evidence because it must prove it beyond a reasonable doubt. She indicated that it would be challenging to achieve that standard without any corroborating evidence. She stated that vacating a judgment requires a preponderance of the evidence. The victim could tell their story in the prosecution case to vacate the conviction and bring in whatever evidence they choose. She reiterated that the onus is not on the victim, but on the state. She highlighted that one matter is a criminal case, and the other is a civil action. 2:10:38 PM SENATOR MYERS said Ms. Schroeder got to the heart of the matter by clarifying that the burden is on the state in one case, and in the other, the burden of proof is on the petitioner to prove their innocence. He offered his belief that from the victim's perspective, the standard of proof should be the same. MS. SCHROEDER referred to the corroboration section, which speaks to the victim's testimony. Again, the burden of proof is on the state to prove it. The person stating that they had been a victim of sex trafficking does not have to prove anything. The state is prosecuting the sex trafficker, not the victim. This corroboration section of the bill states that the prosecutor can call the victim in as a witness without further corroborating evidence, which the prosecutor would not likely ever do. The other instance would be a civil hearing to vacate a judgment, where the petitioner would need to prove something to the court via their statement or something else. She highlighted that the burden of proof for civil cases is the preponderance of the evidence, whereas it would be beyond a reasonable doubt for the criminal case. 2:12:57 PM SENATOR MYERS said he would pursue this with the Department of Law at a later time. 2:13:08 PM SENATOR KIEHL stated that there was some confusion at a previous hearing on Section 22, on page 17, on the lookback timeframe. He asked Ms. Schroeder if the 72-hour imprisonment for a person previously convicted of buying a sex act would be once in eternity or once in a set period of years. MS. SCHROEDER responded that there was not a lookback period for the misdemeanor level so it could be at any point. She added that Title 11 does have some misdemeanors with lookbacks and others without them. She deferred to the committee to decide whether to add a lookback. She noted that the lookback in that section regarding enhanced penalties for patrons is five years for a felony. She said the sentence could increase to a felony if someone accrued convictions at a fairly rapid rate. 2:14:51 PM CHAIR HOLLAND held SB 189 in committee.
Document Name | Date/Time | Subjects |
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CS for SB 187 (SJUD).pdf |
SJUD 3/9/2022 1:30:00 PM |
SB 187 |