02/26/2024 01:30 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB238 | |
| HB107 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 265 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
| *+ | HB 238 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 26, 2024
1:33 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
Representative Jesse Sumner
COMMITTEE CALENDAR
HOUSE BILL NO. 238
"An Act relating to criminal mischief in the third degree; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 107
"An Act relating to criminal law definitions."
- HEARD & HELD
HOUSE BILL NO. 265
"An Act changing the term 'child pornography' to 'child sexual
abuse material.'"
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 238
SHORT TITLE: CRIMINAL MISCHIEF 3RD DEGREE
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) JUD
02/26/24 (H) JUD AT 1:30 PM GRUENBERG 120
BILL: HB 107
SHORT TITLE: CRIMINAL LAW DEFINITIONS PERSON/LIFE
SPONSOR(s): REPRESENTATIVE(s) MCCABE
03/13/23 (H) READ THE FIRST TIME - REFERRALS
03/13/23 (H) HSS, JUD
04/12/23 (H) HSS REFERRAL REMOVED
04/12/23 (H) BILL REPRINTED
02/21/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/21/24 (H) -- MEETING CANCELED --
02/23/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/23/24 (H) Heard & Held
02/23/24 (H) MINUTE(JUD)
02/26/24 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 238, as the prime sponsor.
ALEXANDER SCHROEDER, Staff
Representative Andy Josephson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a PowerPoint, titled "HB 238:
Criminal Mischief in the Third Degree," on behalf of
Representative Josephson, prime sponsor.
DONNA BELL, representing self
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 107.
STARLA MILLER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 107.
SALIM HOUCK, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
NOAH WILLIAMS, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
CRYSTAL JOHNSON, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MUKHYA KHALSA, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MEGAN BYRNE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
VICTORIA ROSEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
AARON ROSEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
COLIN ROSEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
KC CASORT, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
LAURA GUDSCHINSKY, representing self
North Pole, Alaska
POSITION STATEMENT: Testified in opposition to HB 207.
LILY OVERLAND, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
EMMA WILSON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
ANN DOUGHERTY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
AMBER SOUDERS, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
BENJAMIN PRESTON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
JESSICA VAN AUSDAL, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
DEZARAE ARROWSUN, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MARGO REVEIL, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MICHAEL GARVEY
American Civil Liberties Union, Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
JAMIE TRAPP, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
ANNIE HUGHHEY, representing self
Girdwood, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
HANNAH HOLDER, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
JUSTIN PRESLER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
LAURIE WALTON, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
DAVID FREY, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
JACLYN RANDALL, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
SUE STEINACHER, representing self
Nome, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
SERENE O'HARA-JOLLEY
Planned Parenthood Alliance Advocates
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
JOSH SMITH, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
SUSANNE BOLIN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of HB 107.
DENISE MILLER, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
REGAN BERRY, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
ROBIN SMITH, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
TERRA BURNS
Advocate, Community United for Safety and Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MAXINE DOOGAN
President, Community United for Safety and Protection
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
ADRIAN WILBER, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
DAVID POPPE, representing self
Nenana, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
KIMBERLY RAMOS, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
CAROLINE IMIOLEK, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
CHANCE DONOVAN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
SHANTI TREVELYAN, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MIKAYLA RICHARDSON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MARIAH BENNETT, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
HEIDI FROST, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
TERRI LYONS, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 107.
ASHLEY FRANKLIN, MD, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
JOAN FRANZ, representing self
Fairbanks, Arizona
POSITION STATEMENT: Testified in opposition to HB 107.
EPHRAIM FROEHLICH, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
WILL MULDOON, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
CARLY JENSEN, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
MICHAEL PATTERSON
Party for Socialism and Liberation
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 107.
ACTION NARRATIVE
1:33:51 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:33 p.m. Representatives Carpenter, C.
Johnson, Gray, Groh, Allard, and Vance were present at the call
to order.
HB 238-CRIMINAL MISCHIEF 3RD DEGREE
1:35:09 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 238, "An Act relating to criminal mischief in the
third degree; and providing for an effective date."
1:35:22 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, prime
sponsor of HB 238, introduced himself for the record.
1:35:45 PM
The committee took a brief at-ease.
1:36:13 PM
REPRESENTATIVE JOSEPHSON paraphrased the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
The Anti-Defamation League reports that recent years
have seen the most antisemitic vandalism since they
started reporting in 1979. The Municipality of
Anchorage saw at least two notable incidences of
vandalism on churches: a nazi symbol of the lawn of
Mountain City Church and spray-painted phallic symbols
on St. Andrew Catholic church. Instances such as these
show that 1) targeted vandalism based on religious
worship can affect anybody, and 2) we should not treat
these types of crime as simple property damage.
HB 238 amends AS 11.46.482: Criminal Mischief in the
3rd Degree to include a common criminal law known as
"Institutional Vandalism." Forty-two states and the
District of Columbia have passed laws which emphasize
and punish criminal behavior related to the
destruction of property used for, or owned by, a place
of worship or the site of burial or cemetery.
Alaska already makes it a C felony to deface,
desecrate, or destroy a cemetery or place of burial
under AS 11.46.482. Without that specific language,
desecrating a cemetery would fall under typical
destruction of property. Typical destruction of
property is punished based on the value of the
property:
• C felony if the property value was $750 or more
(AS 11.46.482);
• A misdemeanor if the property value was between
$250 and $750 (AS 11.46.484);
• B misdemeanor if the property value was less
than $250 (AS 11.46.486)
Destruction of religious property or place of worship
is treated like any other property crime; Therefore,
it falls under the above measures. HB 238 would make
any intentional desecration of religious property or
place of worship a C felony just like vandalism to a
place of burial.
1:41:35 PM
CHAIR VANCE sought questions from committee members.
1:41:42 PM
REPRESENTATIVE GRAY asked whether mosques, Buddhist temples, and
other places of worship would be included in the bill.
REPRESENTATIVE JOSEPHSON answered in the affirmative.
1:42:36 PM
REPRESENTATIVE JOSEPHSON read an excerpt from a book by Phyllis
Gerstenfeld, titled "The ADL Perspective on Hate Crimes." He
noted that in the aggravating section of Alaska Statutes, there
is no inclusion of religion. Consequently, if someone were
targeted for their religious belief, the Alaska courts would not
enhance the punishment.
1:45:40 PM
ALEXANDER SCHROEDER, Staff, Representative Andy Josephson,
Alaska State Legislature, on behalf of Representative Josephson,
prime sponsor of HB 238, explained that there are five criminal
mischief statutes with the first degree being a class A felony
and the fifth degree being a class B misdemeanor. The intent of
the bill, he explained, is to reclassify what would fall between
the third and fifth degrees or "institutional vandalism" -
under the third degree. He directed attention to a PowerPoint,
titled "HB 238: Criminal Mischief in the Third Degree" [hard
copy included in the committee packet].
1:46:54 PM
MR. SCHROEDER began on slide 2, "Institutional Vandalism," which
read as follows [original punctuation provided]:
Intentional defacement, damage, or desecration of a
building of worship.
42 states and D.C. make this a distinct crime from
property damage.
US Department of Justice and FBI report an increase
in recent years of crimes to property motivated by
religious bias.
1:48:17 PM
MR. SCHROEDER continued to slide 3, which exhibited the states
with institutional vandalism laws/statutes. He proceeded to
slide 4, "Why Do we Need This Bill?" Slide 4 read as follows
[original punctuation provided]:
Vandalism to a place of worship is currently treated
as a typical property crime.
National and global events have a lead to an
increase in these types of crimes, both nationally and
locally.
In 2022 (most recent data), crimes against property
and religion as a bias motivating factor accounted for
80% of all hate crimes.*
1:50:30 PM
MR. SCHROEDER proceeded to slide 5, titled "Hate Crime Incidents
in 2022 (Alaska)," which broke down the bias motivation
categories for hate crimes. He indicated that in 2022, 80
percent of hate crimes fell under the religion category.
1:50:58 PM
MR. SCHROEDER moved to slide 6, which featured images showing
local examples of religious desecration. He reiterated that the
intent of the bill is to cover such instances within criminal
mischief in the third degree.
REPRESENTATIVE ALLARD said she appreciated Representative
Josephson for bringing the bill forward and felt that the issue
was "near and dear" to his heart.
1:52:26 PM
REPRESENTATIVE C. JOHNSON, referencing the photo on the right of
slide 6, asked whether the Nazi symbol burned into the ground
would be covered by the bill.
REPRESENTATIVE JOSEPHSON theorized that that it may not be
covered because, although it is real property used for a
religious purpose, the bill provides for the defacement damage
or desecration of a "building, structure, or personal property"
used for worship or any other religious purpose.
1:53:42 PM
MR. SCHROEDER said he would follow up with the requested
information. He concluded on slide 7, "What Does HB 238 Do?"
Slide 7 read as follows [original punctuation provided]:
1. Elevates any intentional vandalism to a religious
institution to a C Felony.
2. Exempts authorized intentional damage by an
employee of the institution.
3. Provides for an immediate effective date.
This ensures that no matter the value of property
damaged, vandalism of a place of worship is
treated the same:
• There is no dollar value that can be placed on
psychological and/or spiritual harm.
• The bill's language will house places of worship and
places of burial in Criminal Mischief in the
Third Degree.
MR. SCHROEDER added that the value of property should not be the
measure for punishment. He pointed out that the free exercise
of religion is a First Amendment right for a reason and opined
that these types of crimes encroach on that right by causing
spiritual and psychological harm.
1:56:05 PM
REPRESENTATIVE JOSEPHSON said it strikes him as inconsistent
that the building next door deserves less protection than a
place of burial or cemetery, which when desiccated or defaced,
is provided for under current law.
CHAIR VANCE sought questions from committee members.
1:56:40 PM
REPRESENTATIVE GRAY highlighted the 182 percent increase in
violence against Muslims between the three weeks following
October 7. He sought to confirm that the purpose of the
affirmative defense outlined in Section 2 of the bill is to
protect someone who might tear down a wall in a church as part
of his/her job.
REPRESENTATIVE JOSEPHSON answered in the affirmative.
CHAIR VANCE announced that HB 238 would be held over.
1:58:12 PM
The committee took an at-ease from 1:58 p.m. to 2:00 p.m.
HB 107-CRIMINAL LAW DEFINITIONS PERSON/LIFE
2:00:20 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 107, "An Act relating to criminal law
definitions."
CHAIR VANCE opened public testimony on HB 107.
2:01:41 PM
DONNA BELL, representing self, testified during the hearing on
HB 107. She shared that she was sexually assaulted and
physically abused by the father of her child while pregnant.
Her abuser eventually gained joint custody of her child. She
said abortion is a choice for women to make and emphasized that
women should not be forced to have a child "that they cannot
have."
2:04:22 PM
STARLA MILLER, representing self, testified during the hearing
on HB 107. She shared that she had an abortion for health
reasons because of placenta attachment. She said she believed
in "my body, my choice" and that [abortion] should be allowed
whether it be for a medical emergency, a rape, or simply a
choice.
2:06:01 PM
SALIM HOUCK, representing self, testified in opposition to HB
107. She pointed out that the Alaska Constitution protects the
right to abortion, and that bills, such as 107, are expensive.
She reported that the state had paid $4.1 million in legal fees
defending unconstitutional, anti-abortion legislation, which is
repeatedly overturned. She commented on optics, opining that
spending millions on anti-abortion bans would make it clear that
the legislature cares more about what women do with their bodies
than the children who live and learn in Alaska.
2:07:18 PM
NOAH WILLIAMS, representing self, testified in opposition to HB
107. He shared the following statement from a friend who had
left Alaska, "If I had gotten pregnant from my rape and didn't
have access to abortion, I one hundred percent would have taken
twelve gauge to my head." He said Alaska's youth are leaving
the state because of intrusions on their bodies. He urged a
"no" vote on HB 107.
2:08:34 PM
CRYSTAL JOHNSON, representing self, testified in opposition to
HB 107. She pointed out that even now, women die in childbirth.
She opined that the proposed legislation would force people to
go "back alley" where they can die too. She stressed that the
legislature should not take away a woman's right to choose.
2:09:49 PM
MUKHYA KHALSA, representing self, testified in opposition to HB
107. She opined that voting for an anti-abortion bill and
against helping people out of the womb is not convincingly "pro-
life." She said she believes in choice and opposed the bill.
2:11:13 PM
MEGAN BYRNE, representing self, testified in opposition to HB
107. She shared her belief that should the bill pass, Alaskan
women would suffer, and deaths would occur because physicians
would be afraid of the legal repercussions for performing life
saving measures. Further she believed that it would prevent
many physicians from moving to Alaska to practice.
2:12:09 PM
VICTORIA ROSEN, representing self, testified in opposition to HB
107.
2:12:34 PM
AARON ROSEN, representing self, testified in opposition to HB
107. He opined that it would have far-reaching consequences in
the areas of in vitro fertilization (IVF), abortion, and
contraception matters that should remain in the domain of
health professionals, not legislators pushing their political
ideologies. In addition, he shared his belief that it is
inappropriate for male legislators to propose the restriction of
healthcare rights for their female constituents.
2:13:49 PM
COLIN ROSEN, representing self, testified in opposition to HB
107. He stressed that [abortion] should be a woman's choice.
2:14:56 PM
KC CASORT, representing self, testified in opposition to HB 107.
She characterized the bill as blatantly unconstitutional and a
waste of the legislature and public's time. She urged the body
not to give the bill any more of its time.
2:15:47 PM
LAURA GUDSCHINSKY, representing self, testified in opposition to
HB 107. She shared her belief that the bill was put forward to
criminalize doctors for performing an abortion. The bill, she
said, challenges her personal beliefs as well as the Alaska
Constitution. She said abortion had been protected in the state
for 27 years and that she would continue to show up to assure
that her children would have the freedom to make decisions about
their bodies and reproductive choices.
2:17:16 PM
LILY OVERLAND, representing self, testified in opposition to HB
107. She pointed out that the bill quotes Christian ideology
that is over one hundred years old. She opined that the rights
of an egg or fetus are not worth more than a woman's life. She
added that abortion is a constitutional right and opined that
woman would not get pregnant if they are afraid of becoming a
criminal.
2:18:33 PM
EMMA WILSON, representing self, testified in opposition to HB
107. She said the bill is unconstitutional and in direct
opposition to Alaskan voters. She characterized the bill as
anti-science, ambiguous, and dangerous. She opined that the
bill threatens her liberty, her life, and makes her want to
leave Alaska.
2:19:46 PM
ANN DOUGHERTY, representing self, testified in opposition to HB
107. She characterized bills like HB 107 as a "smack in the
face" to Alaskan voters and an attempt at appealing to future
donors.
2:20:37 PM
AMBER SOUDERS, representing self, testified in opposition to HB
107. She shared that she tried to perform an abortion on
herself at the age of 14. She said the bill would endanger the
life of every Alaskan and the children that it claims it's
trying to protect. She opined that the bill was trying to
control women and characterized it as "disgusting."
2:22:20 PM
BENJAMIN PRESTON, representing self, testified in opposition to
HB 107. He said HB 107 contradicts the Alaska Constitution and
is needlessly confusing and complicated. He expressed concern
that the bill would endanger Alaskans and their protected access
to reproductive healthcare and fertility care.
2:23:12 PM
JESSICA VAN AUSDAL, representing self, testified in opposition
to HB 107. She stated that the bill is not scientific,
explaining that an embryo having unique DNA does not equate to
personhood. She pointed out that the level of brain development
necessary for consciousness is not present in a fetus util 24 to
28 weeks of gestations and without consciousness, one cannot
participate in self-determination. She recalled that the bill
sponsor had described the role of a women's body in pregnancy as
"passive," which she disputed. She said the bill could lead to
criminal charges being filed in cases of abortion, adding that
doctors and pregnant people should never fear criminal charges
while providing or receiving healthcare.
2:24:39 PM
DEZARAE ARROWSUN, representing self, testified in opposition to
HB 107. She shared her belief that the bill is a clear attempt
to criminalize doctors for performing abortions. She
characterized HB 107 as a back door attempt at overturning the
constitutional right to obtain a legal abortion. In addition,
she argued that the bill would violate Article 1, Section 4 of
the Alaska Constitution.
2:25:56 PM
MARGO REVEIL, representing self, testified in opposition to HB
107. She pointed out that not every sperm to egg contact is
viable, nor does every division of cell support life. She said
she does not trust politicians with strong religious convictions
to create appropriate and effective reproductive laws that
prioritize individual health and liberty. She highlighted the
doctor shortage crisis, specifically in Alaska, noting that
states with abortion bans were losing doctors.
2:27:26 PM
MICHAEL GARVEY, American Civil Liberties Union, Alaska,
testified in opposition to HB 107. He shared his belief that
the bill is unconstitutional because it would add broad
definitions to criminal code, which would put providers and
people seeking a range of reproductive healthcare behind bars
and deter the provision of care. Further, he opined that the
vague definitions would create tremendous confusion with
existing statute.
2:28:51 PM
JAMIE TRAPP, representing self, testified in opposition to HB
107. She shared her belief that the bill would not honor
Alaska's women and healthcare providers, and that the state's
people should be prioritized.
2:29:25 PM
ANNIE HUGHHEY, representing self, testified in opposition to HB
107. She said studies have shown that denying women free access
to abortion does not reduce the number of abortions; however, it
increases the number of unsafe abortions. She characterized the
bill as a death sentence to Alaskan women.
2:30:00 PM
HANNAH HOLDER, representing self, testified in opposition to HB
107. She voiced her opinion that the bill would threaten the
right of privacy for Alaskan citizens. She opined that the
proposed definitions of life were written in purposely vague
language, which would lead to a large degree of litigation.
2:31:23 PM
JUSTIN PRESLER, representing self, testified in opposition to HB
107. He characterized the bill as blatantly undermining the
rights of Alaskans and a backdoor method to imposing religious
beliefs upon constituents.
2:32:02 PM
LAURIE WALTON, representing self, testified in opposition to HB
107. She said the bill is out of line with "mainstream
Alaskans" and unconstitutional. She opined that legislators
should not be interfering with the healthcare decisions of
Alaskan women.
2:32:42 PM
DAVID FREY, representing self, testified in opposition to HB
107. He opined that the bill was designed to intimidate doctors
from performing lifesaving abortions. He shared that his wife
underwent a lifesaving abortion and emphasized the importance of
not allowing HB 107 to pass.
2:33:56 PM
JACLYN RANDALL, representing self, testified in opposition to HB
107. She shared that for someone hoping to have children, the
bill is terrifying. She urged the committee to support the
right to privacy and oppose the legislation.
2:34:40 PM
SUE STEINACHER, representing self, testified in opposition to HB
107. She stressed the in the U.S. there is no consensus of
people's religious beliefs regarding the stage at which human
life should be protected. For that reason, she argued that
every woman should have the right to choose without government
intervention.
2:35:52 PM
SERENE O'HARA-JOLLEY, Planned Parenthood Alliance Advocates,
testified in opposition to HB 107. She said the bill could
criminalize doctors for providing any abortion care and
blatantly violates the Alaska Constitution. She reported that
personhood bills create confusion and chaos in the legal system
and often result in the surveillance and criminalization of
pregnant people. HB 107 could also have ramifications for those
attempting to use assisted reproductive technologies, including
IVF, she said.
2:37:18 PM
JOSH SMITH, representing self, testified in opposition to HB
107. He pointed out that courts have repeatedly upheld the
reproductive freedom under the right to privacy in the Alaska
Constitution. He characterized the attempt to circumvent that
as problematic. He believed that in a free society, it is
imperative that reproductive freedom remains a personal choice.
2:38:42 PM
SUSANNE BOLIN, representing self, testified in favor of HB 107.
She reported that the Latin definition of "fetus" is small child
and stated that the use of abortion as birth control is
terrible.
2:40:05 PM
DENISE MILLER, representing self, testified in opposition to HB
107. She pointed out that a fertilized egg requires a womb to
develop a baby and said the bill would put a nonviable organism
on the same footing as a human being. It would adversely impact
healthcare and access to contraceptives, she opined. She stated
that the bill would be disastrous to women and families in
Alaska.
2:41:28 PM
REGAN BERRY, representing self, testified in opposition to HB
107. She said the bill is unconstitutional and that she moved
to Alaska to escape this type of legislation. She opined that
the bill threatened Alaskans' privacy rights and stressed her
opposition to HB 107.
2:42:34 PM
ROBIN SMITH, representing self, testified in opposition to HB
107. She reminded the committee that Alaska has the highest
rate of rape in the country, arguing that women and children
should not be forced to carry a child when raped. In addition,
she opined that the bill is poorly written.
2:43:55 PM
TERRA BURNS, Advocate, Community United for Safety and
Protection, testified in opposition to HB 107. She
characterized the redefinitions as part of an agenda to
criminalize Alaskans and control women's bodies, which is
dangerous for Alaska, public safety, and women.
2:44:39 PM
MAXINE DOOGAN, President, Community United for Safety and
Protection, testified in opposition to HB 107. She said the
attempts to redefine terms are part of the Christian fascist
movement whose real agenda is to impose their world view at any
cost. She urged the committee to oppose HB 107 because it would
strip the right to bodily autonomy from all women and children
and is against Alaskan values.
2:46:03 PM
ADRIAN WILBER, representing self, testified in opposition to HB
107 for the reasons stated by many of the previous testifiers.
2:46:27 PM
DAVID POPPE, representing self, testified in opposition to HB
107. He shared his experience as an EMT and how the bill would
negatively impact his profession. Further, he said anything
that can be frozen and brought back to vitality is not a person.
2:48:10 PM
KIMBERLY RAMOS, representing self, testified in opposition to HB
107. She said it's estimated that up to 20 percent of all
pregnancies end in miscarriage, for which medical or surgical
abortion is often the only safe and compassionate option for
treatment. She said her four-month-old baby exists today
because she had a medical abortion after her miscarriage. The
bill is unconstitutional, she said, and threatens fertility
treatments like IVF and forms of contraception. She said
religious beliefs should not determine access to healthcare.
2:49:22 PM
CAROLINE IMIOLEK, representing self, testified in opposition to
HB 107. She stated that abortions will continue whether legal
or not and highlighted the dangers of omitting women's access to
medical care. She urged the legislature to prioritize Alaskans
and women's rights.
2:50:22 PM
CHANCE DONOVAN, representing self, testified in opposition to HB
107. He pointed out that the bill would deny pregnant children
as young as 12 the medical care they need.
2:51:26 PM
SHANTI TREVELYAN, representing self, testified in opposition to
HB 107. She said she does not support any law that restricts a
woman's' right to decide any and all healthcare matters. She
reasoned that a baby cannot be frozen, and therefore, an embryo
is not a baby. She characterized HB 107 as religious ideology
that would violate established Health Insurance Portability and
Accountability Act (HIPAA) laws.
2:52:32 PM
MIKAYLA RICHARDSON, representing self, testified in opposition
to HB 107. She shared that she was four years old when she was
raped by her pro-life foster dad. She opined that "taking care
of the children" should start with the corrupt foster care
system.
2:53:21 PM
MARIAH BENNETT, representing self, testified in opposition to HB
107. She shared her belief that the government has no business
being involved in women's personal healthcare decisions.
2:53:58 PM
HEIDI FROST, representing self, testified in opposition to HB
107. She stated that the bill is against women's health and
autonomy and that poor results have been demonstrated by other
states.
2:54:31 PM
TERRI LYONS, representing self, testified in support of HB 107.
She asked how one could deny that a fetus is a separate life and
reiterated her support for HB 107.
2:55:18 PM
ASHLEY FRANKLIN, MD, representing self, testified in opposition
to HB 107. She shared her belief that the bill would have
unintended consequences, such as the loss of physicians and
other providers. She said that as an obstetrics provider in
Alaska, she would be afraid to help provide care to women in
Anchorage with an active fetal heartrate if the bill were to
pass.
2:56:07 PM
JOAN FRANZ, representing self, testified in opposition to HB
107. She opined that the bill was unconstitutional and a waste
of time. She believed that reproductive care decisions belong
to women and their doctors, not legislators.
2:56:57 PM
EPHRAIM FROEHLICH, representing self, testified in opposition to
HB 107. He characterized the bill as poorly drafted, ill-
conceived, regressive, counter to science, and harmful, in
addition to unconstitutional. He said that he went to law
school and the bill would not pass a Constitutional Law 101
class. Further, he said it is startling to have to continue to
re-explain the state's core value of privacy, which was baked
into Alaska's founding documents by its forefathers.
2:57:58 PM
WILL MULDOON, representing self, testified in opposition to HB
107. He shared his belief that the bill is poorly written and
urged the legislature to do better.
2:59:23 PM
CARLY JENSEN, representing self, testified in opposition to HB
107. She said the bill is unconstitutional and goes against the
right to privacy. She added that if the bill were to pass, she
could not in good conscious, start family planning. She shared
her belief that HB 107 would result in an exodus of working
professionals and young couples.
3:00:43 PM
MICHAEL PATTERSON, Party for Socialism and Liberation, testified
in opposition to HB 107, which he characterized as an attack on
Alaskans, the Alaska Constitution, children, and families. He
urged legislators to stop wasting people's time by inserting
religion into state law and attacking women and the
constitution.
3:02:09 PM
CHAIR VANCE announced that HB 107 would be held over.
3:02:40 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:02 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 238 - Sponsor Statement.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - v.A.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - Sectional Analysis.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - Supporting Document - FBI Hate Crime Statistics Tables.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - Supporting Document - Hate Crimes Incidents in 2022 Fact Sheet.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - Supporting Document - States with Institutional Vandalism Laws or Statutes.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - Supporting Document - ADL Audit of Antisemitic Incidents 2022.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - Supporting Document - ADL State by State Statute Sheet.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 - DOL-CrimDiv. Fiscal Note (02-23-24).pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |
| HB 238 PowerPoint Presentation.pdf |
HFSH 3/1/2024 1:30:00 PM HJUD 2/26/2024 1:30:00 PM |
HB 238 |