Legislature(2021 - 2022)GRUENBERG 120
05/02/2022 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB325 | |
| HB5 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 325 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 5 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 2, 2022
1:46 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Liz Snyder, Vice Chair
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Christopher Kurka
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 325
"An Act relating to domestic violence."
- HEARD & HELD
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5
"An Act relating to sexual abuse of a minor; relating to sexual
assault; relating to the code of military justice; relating to
consent; relating to the testing of sexual assault examination
kits; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 325
SHORT TITLE: DOMESTIC VIOLENCE
SPONSOR(s): REPRESENTATIVE(s) RASMUSSEN
02/16/22 (H) READ THE FIRST TIME - REFERRALS
02/16/22 (H) JUD
02/25/22 (H) JUD AT 1:30 PM GRUENBERG 120
02/25/22 (H) Heard & Held
02/25/22 (H) MINUTE(JUD)
05/02/22 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 5
SHORT TITLE: SEXUAL ASSAULT; DEF. OF "CONSENT"
SPONSOR(s): REPRESENTATIVE(s) TARR
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
03/26/21 (H) SPONSOR SUBSTITUTE INTRODUCED
03/26/21 (H) READ THE FIRST TIME - REFERRALS
03/26/21 (H) STA, JUD
03/27/21 (H) STA AT 1:00 PM GRUENBERG 120
03/27/21 (H) Heard & Held
03/27/21 (H) MINUTE(STA)
04/13/21 (H) STA AT 3:00 PM GRUENBERG 120
04/13/21 (H) Heard & Held
04/13/21 (H) MINUTE(STA)
04/20/21 (H) STA AT 3:00 PM GRUENBERG 120
04/20/21 (H) Heard & Held
04/20/21 (H) MINUTE(STA)
04/27/21 (H) STA AT 3:00 PM GRUENBERG 120
04/27/21 (H) Heard & Held
04/27/21 (H) MINUTE(STA)
04/29/21 (H) STA AT 3:00 PM GRUENBERG 120
04/29/21 (H) Scheduled but Not Heard
05/04/21 (H) STA AT 3:00 PM GRUENBERG 120
05/04/21 (H) Moved CSSSHB 5(STA) Out of Committee
05/04/21 (H) MINUTE(STA)
05/06/21 (H) STA RPT CS(STA) 1DP 5AM
05/06/21 (H) DP: TARR
05/06/21 (H) AM: VANCE, STORY, EASTMAN, KAUFMAN,
KREISS-TOMKINS
05/06/21 (H) FIN REFERRAL ADDED AFTER JUD
03/04/22 (H) JUD AT 1:00 PM GRUENBERG 120
03/04/22 (H) Heard & Held
03/04/22 (H) MINUTE(JUD)
03/09/22 (H) JUD AT 1:00 PM GRUENBERG 120
03/09/22 (H) Heard & Held
03/09/22 (H) MINUTE(JUD)
03/30/22 (H) JUD AT 1:00 PM GRUENBERG 120
03/30/22 (H) Heard & Held
03/30/22 (H) MINUTE(JUD)
04/13/22 (H) JUD AT 1:00 PM GRUENBERG 120
04/13/22 (H) Heard & Held
04/13/22 (H) MINUTE(JUD)
04/15/22 (H) JUD AT 1:00 PM GRUENBERG 120
04/15/22 (H) Heard & Held
04/15/22 (H) MINUTE(JUD)
04/27/22 (H) JUD AT 1:00 PM GRUENBERG 120
04/27/22 (H) Heard & Held
04/27/22 (H) MINUTE(JUD)
05/02/22 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
MIKE HENRY, Sergeant
Alaska State Troopers
Department of Public Safety
Kenai, Alaska
POSITION STATEMENT: Testified in support of HB 325.
KATIE TEPAS, Program Coordinator
Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 325.
JAYNE ANDREEN
Alaska Public Health Association
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 325.
EMMA POTTER, Staff
Representative Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented an explanation of changes in the
proposed CS for SSHB 5, Version R, on behalf of Representative
Claman.
ACTION NARRATIVE
1:46:06 PM
HAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:46 p.m. Representatives Snyder, Eastman,
Vance, and Claman were present at the call to order.
Representatives Drummond, Kreiss-Tomkins, and Kurka arrived as
the meeting was in progress.
HB 325-DOMESTIC VIOLENCE
1:46:41 PM
CHAIR CLAMAN announced that the first order of business would be
HOUSE BILL NO. 325, "An Act relating to domestic violence."
CHAIR CLAMAN opened public testimony on HB 325.
1:47:35 PM
MIKE HENRY, Sergeant, Alaska State Troopers (AST), Department of
Public Safety (DPS), informed the committee that he was a police
instructor for strangulation investigations and sex crimes with
experience investigating domestic violence. He stated his
support for HB 325 and summarized the components of the bill.
He explained that the publishing or distribution of
nonconsensual pornography, also referred to as revenge porn or
sextortion, was sometimes used by a perpetrator against
household members as a means of causing harm. He added that it
was ultimately a means of asserting power and control, which was
the primary root of domestic violence offenses. This criminal
conduct was being used by perpetrators to coerce or punish
victims, he said. He believed that the proposed legislation
would provide additional protections and access to services for
the victims, such as protective orders; bring additional
consequences for offenders, such as mandatory arrests; and
accurately describe the conduct. He reiterated his support for
HB 325.
1:50:17 PM
CHAIR CLAMAN asked Sergeant Henry to comment on a hypothetical
scenario in which an individual in Fairbanks was sending
"sexting" communications about a person who was in Juneau, which
would make the person in Fairbanks subject to mandatory arrest.
SERGEANT HENRY shared his understanding that the scenario could
be classified as an existing crime within the definition of
domestic violence that could be accomplished remotely, such as
threats, violating conditions of release, violating a protective
order, stalking, elements of harassment in the second degree,
and assault in the third degree. He reminded the committee that
crimes involving domestic violence must be committed by a
household member against another household member. He offered
the definition of "household member," which broadly included
people who formerly lived together and people in prior spousal
relationships. For that reason, he said it was common for
domestic violence crimes to occur between people not living in
the same household.
CHAIR CLAMAN asked whether the definition would cover people who
had been on several dates.
SERGEANT HENRY cited Section 5 of AS 18.66.990, which provided
the definition of "household member." He pointed out that the
definition included adults or minors who are currently dating or
who have dated in the past.
1:54:25 PM
REPRESENTATIVE EASTMAN requested the definition of dating.
SERGEANT HENRY was not aware of a legal definition. He referred
the committee to the dictionary's definition or the common
knowledge definition.
1:55:27 PM
KATIE TEPAS, Program Coordinator, AST, DPS, informed the
committee that she was responsible for training all law
enforcement officers across the state on domestic violence and
sexual assault investigations. She stated her support for HB
325, noting that she was considered a subject matter expert, as
she had worked in the field for over 20 years. She anecdotally
reported on the prevalence of sextortion as a means of control
with the expansion of online technology. She pointed out that
per Title 18, domestic violence crimes "shall" result in
mandatory arrest within 12 hours. If more time has passed,
Title 12 provided that officers "may" make an arrest with
probable cause. She emphasized that most domestic violence
offenders do not stop the violence when the relationship ends.
1:58:44 PM
JAYNE ANDREEN, Alaska Public Health Association, opined that the
bill would add another method for catching and holding offenders
accountable as early and as often as possible with the ever-
expanding technology.
1:59:39 PM
CHAIR CLAMAN, after ascertaining there was no one else who
wished to testify, closed public testimony on HB 325.
CHAIR CLAMAN announced HB 325 was held over.
HB 5-SEXUAL ASSAULT; DEF. OF "CONSENT"
1:59:55 PM
CHAIR CLAMAN announced that the final order of business would be
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5, "An Act relating to
sexual abuse of a minor; relating to sexual assault; relating to
the code of military justice; relating to consent; relating to
the testing of sexual assault examination kits; and providing
for an effective date." [Before the committee was CSSSHB
5(STA).]
2:00:23 PM
EMMA POTTER, Staff, Representative Matt Claman, Alaska State
Legislature, on behalf of Representative Claman, presented a
summary of changes [included in the committee packet] in the
proposed committee substitute (CS) for SSHB 5, Version 32-
LS0065\R, Radford, 5/2/22, ("Version R"), which read as follows
[original punctuation provided]:
Version R incorporates provisions found in the Model
Penal Code: Sexual Assault and Related Offenses (MPC),
certain provisions in Senate Bill 187 (2022) that was
put forward by the Department of Law, and the Montana
statute pertaining to consent.
Sections 1-3
Version R grades sexual assault in the first, second,
and third degree by including a use of force element
in the description of sexual assault in the first
degree (sexual penetration) and excluding the use of
force element from sexual assault in the second degree
(sexual penetration). This approach is based on the
grading used in Senate Bill 187. Including this
grading allows sexual assault with the use of force to
be more easily prosecuted while maintaining the use of
aggravating factors.
With this change reflected in Version R, sexual
assault in the first degree is amended to include
sexual penetration without consent by use or threat of
force. Sexual assault in the second degree is amended
to include sexual contact without consent by use or
threat of force and sexual penetration without
consent. Sexual assault in the third degree is amended
to include sexual contact without consent.
Section 4
The use of the word consent in Version R is based on
the updated MPC. Section 4 aligns with the most recent
proposal under consideration by the American Law
Institute in their work related to sexual assault
offenses. An expression of lack of consent through
words or conduct is expressly established in Version R
as meaning there is no consent. The requirement of a
use of force is removed from statute and the absence
of verbal or physical resistance is established as not
establishing consent. This provision encompasses what
is frequently referred to as the "frozen fear victim,"
the victim who reacts to the experience of being
sexually assaulted by freezing when experiencing a
sexual assault. This response is an observed and
frequent psychological response.
Section 5
Section 5 establishes consent as willingness to engage
in the conduct at issue. The definition of consent is
amended in Version R to use the word "willingness"
rather than "freely given" because "willingness"
better captures the concept that a person wants a
specific act, rather than just agrees to it. Assent
can be tainted or made ineffective based on a variety
of factors including the use of force, use of
deception, and an individual's incapacity as a result
of an act of the defendant. Distributed by the Office
Version R does not require the use of force to
establish a lack of consent. Version R addresses rape
by fraud differently than Version W. Montana and other
states address "rape by fraud" by making consent
ineffective if induced by force, duress, or deception.
This phrasing, based on the language in Montana
statute, is found in Version R.
Section 6
Section 6, which decreases the time allowed for
laboratories to wait to test sexual assault
examination kits, remain unchanged.
Version R removes sexual abuse of a minor in the first
degree and sexual abuse of a minor in the second
degree, from the bill (previously found in Sections 3
and 4 of Version W).
2:03:38 PM
REPRESENTATIVE SNYDER inquired about the rationale for removing
"knowingly causing a person to come into contact with semen"
from the definition of sexual contact.
CHAIR CLAMAN provided the legislative history of the provision
pertaining to the "contact with semen" without consent. He said
the intent was to leave the law intact, such as it was when it
was implemented by a prior legislature.
REPRESENTATIVE SNYDER asked how the offense was classified under
current law.
2:04:51 PM
The committee took an at-ease from 2:04 p.m. to 2:06 p.m.
2:06:29 PM
CHAIR CLAMAN offered to follow up with the requested
information.
2:06:58 PM
REPRESENTATIVE EASTMAN asked whether the definition of
"deception" would be provided in the bill or elsewhere in
statute.
CHAIR CLAMAN clarified that the definition of "deception" would
be subject to common usage.
2:07:54 PM
REPRESENTATIVE SNYDER moved to adopt the proposed committee
substitute (CS) for SSHB 5, Version 32-LS0065\R, Radford,
5/2/22, as the working document.
2:08:10 PM
REPRESENTATIVE EASTMAN objected.
A roll call vote was taken. Representatives Drummond, Snyder,
Kreiss-Tomkins, Vance, and Claman voted in favor of the proposed
CS for SSHB 5, Version 32-LS0065\R, Radford, 5/2/22.
Representatives Eastman and Kurka voted against it. Therefore,
Version R was adopted by a vote of 5-2.
2:08:55 PM
CHAIR CLAMAN announced that SSHB 5 was held over.
2:10:23 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:10 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 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 325 Fiscal Note DOC-IDO 2.25.2022.pdf |
HJUD 5/2/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM |
HB 325 |
| HB 5 Work Draft Committee Substitute v. R 5.2.2022.pdf |
HJUD 5/2/2022 1:00:00 PM HJUD 5/4/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM |
HB 5 |
| HB 5 Sectional Analysis v. R (Distributed by the HJUD Committee) 5.2.2022.pdf |
HJUD 5/2/2022 1:00:00 PM HJUD 5/4/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM |
HB 5 |
| HB 5 Summary of Changes v. W to v. R (Distributed by the HJUD Committee) 5.2.2022.pdf |
HJUD 5/2/2022 1:00:00 PM HJUD 5/4/2022 1:00:00 PM HJUD 5/6/2022 10:30:00 AM |
HB 5 |