Legislature(2021 - 2022)GRUENBERG 120
05/09/2022 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB5 | |
| HB325 | |
| SB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 182 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 5 | TELECONFERENCED | |
| += | HB 325 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 9, 2022
1:25 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
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."
- MOVED SSHB 5 OUT OF COMMITTEE
HOUSE BILL NO. 325
"An Act relating to domestic violence."
- MOVED HB 325 OUT OF COMMITTEE
CS FOR SENATE BILL NO. 182(JUD)
"An Act establishing the crime of interference with emergency
communications."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
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
05/02/22 (H) Heard & Held
05/02/22 (H) MINUTE(JUD)
05/04/22 (H) JUD AT 1:00 PM GRUENBERG 120
05/04/22 (H) Heard & Held
05/04/22 (H) MINUTE(JUD)
05/06/22 (H) JUD AT 10:30 AM GRUENBERG 120
05/06/22 (H) -- Continued from 5/04/22 --
05/06/22 (H) JUD AT 1:00 PM GRUENBERG 120
05/06/22 (H) -- MEETING CANCELED --
05/09/22 (H) JUD AT 1:00 PM GRUENBERG 120
05/09/22 (H) FIN AT 1:30 PM ADAMS 519
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
05/02/22 (H) Heard & Held
05/02/22 (H) MINUTE(JUD)
05/06/22 (H) JUD AT 10:30 AM GRUENBERG 120
05/06/22 (H) -- Continued from 5/04/22 --
05/06/22 (H) JUD AT 1:00 PM GRUENBERG 120
05/06/22 (H) -- MEETING CANCELED --
05/09/22 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: SB 182
SHORT TITLE: INTERFERENCE WITH EMERGENCY SERVICES
SPONSOR(s): SENATOR(s) WILSON
02/08/22 (S) READ THE FIRST TIME - REFERRALS
02/08/22 (S) JUD
02/16/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/16/22 (S) Heard & Held
02/16/22 (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)
02/28/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/28/22 (S) <Bill Hearing Rescheduled to 03/02/22>
03/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/02/22 (S) Moved CSSB 182(JUD) Out of Committee
03/02/22 (S) MINUTE(JUD)
03/04/22 (S) JUD RPT CS 3DP 2NR SAME TITLE
03/04/22 (S) DP: HOLLAND, MYERS, HUGHES
03/04/22 (S) NR: SHOWER, KIEHL
03/04/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/04/22 (S) <Bill Hearing Canceled>
03/09/22 (S) TRANSMITTED TO (H)
03/09/22 (S) VERSION: CSSB 182(JUD)
03/14/22 (H) READ THE FIRST TIME - REFERRALS
03/14/22 (H) STA, JUD
04/12/22 (H) STA AT 3:00 PM GRUENBERG 120
04/12/22 (H) Heard & Held
04/12/22 (H) MINUTE(STA)
04/16/22 (H) STA AT 10:00 AM GRUENBERG 120
04/16/22 (H) Heard & Held
04/16/22 (H) MINUTE(STA)
05/05/22 (H) STA AT 3:00 PM GRUENBERG 120
05/05/22 (H) Moved HCS CSSB 182(STA) Out of
Committee
05/05/22 (H) MINUTE(STA)
05/09/22 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
JASMIN MARTIN, Staff
Senator David Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HCS CSSB 182(STA), on behalf of
Senator Wilson, prime sponsor.
JACOB BUTCHER, Communications Manager
MatCom Dispatch
Wasilla, Alaska
POSITION STATEMENT: Provided invited testimony in support of
HCS CSSB 182(STA).
JOEL BUTCHER, Alaska President
Association of Public Safety Communication Officials
(APCO)/National Emergency Numbers Association (NENA)
Palmer, Alaska
POSITION STATEMENT: Provided invited testimony in support of
HCS CSSB 182(STA).
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
HCS CSSB 182(STA).
ACTION NARRATIVE
1:25:15 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:25 p.m. Representatives Drummond, Snyder,
Kreiss-Tomkins, Eastman, Vance, and Claman were present at the
call to order. Representative Kurka arrived as the meeting was
in progress.
HB 5-SEXUAL ASSAULT; DEF. OF "CONSENT"
1:25:46 PM
CHAIR CLAMAN announced that the first order of business would be
SPONSOR SUBSTITUE 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." [CSSSHB 5(JUD) was reported from
committee on 5/6/22.]
1:25:57 PM
REPRESENTATIVE SNYDER moved to rescind the committee's action on
5/6/22 in reporting CSSSHB 5(JUD) from committee. There being
no objection, it was so ordered.
1:26:05 PM
REPRESENTATIVE SNYDER moved to report CSSSHB 5, Version 32-
LS0065\R, Radford, 5/2/22, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
REPRESENTATIVE EASTMAN objected.
1:26:18 PM
A roll call vote was taken. Representatives Drummond, Snyder,
Kreiss-Tomkins, Vance, and Claman voted in favor of the motion.
Representative Eastman voted against it. Therefore, CSSSHB
5(JUD) was reported out of the House Judiciary Standing
Committee by a vote of 5-1.
HB 325-DOMESTIC VIOLENCE
1:26:52 PM
CHAIR CLAMAN announced that the next order of business would be
HOUSE BILL NO. 325, "An Act relating to domestic violence." [HB
325 was moved from committee on 5/6/22.]
1:27:01 PM
REPRESENTATIVE SNYDER moved to rescind the committee's action on
5/6/22 in reporting HB 325 from committee. There being no
objection, it was so ordered.
1:27:17 PM
REPRESENTATIVE SNYDER moved to report HB 325 out of committee
with individual recommendations and the accompanying fiscal
notes.
1:27:29 PM
REPRESENTATIVE EASTMAN objected.
1:27:33 PM
A roll call vote was taken. Representatives Vance, Drummond,
Snyder, Kreiss-Tomkins, and Claman voted in favor of moving HB
325 from committee. Representative Eastman voted against it.
Therefore, HB 325 was reported out of the House Judiciary
Standing Committee by a vote of 5-1.
SB 182-INTERFERENCE WITH EMERGENCY SERVICES
1:28:07 PM
CHAIR CLAMAN announced that the final order of business would be
CS FOR SENATE BILL NO. 182(JUD), "An Act establishing the crime
of interference with emergency communications." [Before the
committee was HCS CSSB 182(STA).]
1:28:45 PM
JASMIN MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, on behalf of Senator Wilson, prime sponsor,
presented HCS CSSB 182(STA). She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Senate Bill 182 establishes the offense of
interference with emergency communications. This
statute would apply when a person: repeatedly makes
911 calls to report something they know has already
been reported, repeatedly calls 911 when there is no
emergency, harasses or threatens a 911 operator, or
disrupts communications between 911 operators and
first responders.
Interference with emergency communications - the
misuse, abuse, and disruption of 911 dispatch centers
- is a problem that severely impacts public safety and
emergency response by delaying responses to real
emergencies. It is prevalent at dispatch centers
across Alaska and must be addressed.
During these disruptive events, other urgent emergency
calls must be placed on hold or delayed to meet
standards; industry standards are that all 911 calls
must be answered within 15-20 seconds. A dispatcher
could be required to place the parent of a choking
child on hold to answer repeated calls from a
harassing individual who is not in need of emergency
services, delaying necessary life-saving measures.
Under the language in the bill, that harasser could be
charged. Currently, state statute does not address
harassing behavior specific to 911 dispatch centers,
nor does it give law enforcement adequate recourse to
stop the behavior.
This problem is not unique to Alaska. Other states
have developed legislation that makes interfering with
emergency communications an arrestable offense - which
is the most effective way to stop the interference -
thus allowing 911 telecommunicators to focus on
legitimate emergencies.
1:30:57 PM
MS. MARTIN presented the sectional analysis for HCS CSSB
182(STA) [included in the committee packet], which read as
follows [original punctuation provided]:
Section 1: Adds a new section (.785. Interference with
emergency communications) to AS 11.56. (Criminal Law,
56. Offenses Against Public Administration).
(a) Establishes that a person commits a crime of
interference with emergency communication when they:
(1) Call 911 to elicit a first responder response for
a previously reported incident when there has been no
change in circumstances, and they have been instructed
to stop calling
(2) Make repeated 911 calls when there is no
emergency.
(3) Threaten 911 operator during a call to 911.
(4) Disrupt emergency communications:
(A) Between 911 operators and first responders,
(B) Between first responders.
(C) Between a 911 operator and a person reporting an
emergency.
(b) Clarifies that that (4)(a) does not apply to in
person communications.
(c) Defines: "emergency communication," "emergency
communication center," and "emergency communication
worker."
(d) Establishes that this crime is a class B
misdemeanor.
Section 2: Adds a section to uncodified law that
specifies that this act is not applicable to offenses
committed prior to this legislation.
1:32:13 PM
CHAIR CLAMAN proceeded with invited testimony.
1:32:54 PM
JACOB BUTCHER, Communications Manager, MatCom Dispatch, said he
had worked as a 911 emergency telecommunicator for 16 years.
During that time, he provided emergency lifesaving support and
walked people through emergencies, including providing bleeding
control or cardiopulmonary resuscitation (CPR) instructions and
deescalating armed suicidal callers. Not every call to the call
center is a life and death matter, he said, but dispatchers must
answer every call. Calls not constituting emergencies can be
professionally handled by redirecting the caller to nonemergency
resources; however, sometimes explanations and educating callers
cannot surmount the disruption caused by intentionally false,
disorderly, and harassing calls to the center.
MR. JACOB BUTCHER related that on July 4, 2021, the 911 center
was attacked by two different types of emergency communications
interference. One form was computerized call spoofing, where a
caller deliberately falsifies the information transmitted to the
caller identification (ID) display to disguise their identity.
He reported that the call center received 45 spoofing calls
within 24 hours. Still, each call needed to be answered,
processed, vetted, and followed up. These calls tied up
resources from Mat-Com Dispatch, the Department of Public Safety
(DPS), the Anchorage Police Department (APD), the Anchorage Fire
Department, and several others. The second issue was a person
who was upset with how a prior incident had been handled and
aired his frustration by dialing 911 over 80 times in a single
day. Before hanging up, he unleashed a barrage of profane,
insulting, and highly vulgar expressions, Mr. Jacob Butcher
recollected. The call center staff sifted through those calls
while continuing to provide assistance and responses to
emergencies, including a reported drowning that led to water
rescue efforts, two plane crashes, four separate wildfire
reports from fireworks, and a full structure fire. Seconds
count for most true emergencies, he emphasized, and he asked
whether members could envision being placed on hold or
interrupted by one of the 120 plus false emergency calls during
an emergency. He concluded by stating that SB 182 would provide
a mechanism for resolving disruptions to call centers to free up
the 911 lines.
1:36:29 PM
JOEL BUTCHER, Alaska President, Association of Public Safety
Communication Officials (APCO)/National Emergency Numbers
Association (NENA), emphasized the importance of the legislation
moving forward, as it addressed a real problem in the state of
Alaska. He acknowledged that although the incidents were not
every-day occurrences, they crippled the 911 centers when they
did transpire. He welcomed questions from members of the
committee.
1:37:38 PM
CHAIR CLAMAN sought questions from committee members.
1:37:56 PM
REPRESENTATIVE SNYDER questioned the motivation for
reestablishing the crime as a class B misdemeanor instead of a
class C felony.
MS. MARTIN explained that the original version of the bill
classified the crime as a class C felony if the interference
resulted in serious harm or death, or the offender was
repeatedly convicted; otherwise, the crime was a class A
misdemeanor. Due to concerns expressed by both the Senate
Judiciary Standing Committee and the House State Affairs
Standing Committee, the C felony was ultimately lowered to a
class B misdemeanor in the House State Affairs Standing
Committee, which the committee believed to be a more appropriate
punishment. She noted that the bill sponsor was supportive of
that change.
1:39:12 PM
REPRESENTATIVE SNYDER asked Ms. Martin to expound on the
members' concerns about the crime's original classification.
MS. MARTIN said primarily, members were concerned about making
people felons. The previous committees of referral wanted to
ensure that the behavior wasn't over-criminalized, as 911
centers were called often, she added.
CHAIR CLAMAN summarized the amendment process in the House State
Affairs Standing Committee.
REPRESENTATIVE SNYDER asked whether intervention through
alternate means would be provided to repeat callers who were
experiencing a mental health crisis.
MS. MARTIN answered no.
1:41:04 PM
REPRESENTATIVE KURKA asked whether interference that resulted in
death would be penalized with a stiffer penalty.
MS. MARTIN replied not under the proposed legislation; however,
intentionally negligent or harmful behavior resulting in death
could be captured under existing statutes.
CHAIR CLAMAN asked Ms. Schroeder to address the question of
whether existing crimes would capture conduct that led to death.
1:42:17 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), confirmed that other crimes, such as
criminally negligent homicide and manslaughter, would be
available if causation could be proved; however, linking them
could be difficult, she said.
REPRESENTATIVE KURKA asked how a connection could be made
between [interference with emergency communications] that
resulted in death and a stiffer penalty.
MS. SCHROEDER said prosecution would have to show that the act
of repeatedly calling 911 interfered with a person receiving
help and ultimately caused his/her death. She added that the
causation issue would be the biggest hurdle.
REPRESENTATIVE KURKA considered a scenario in which a dying
person called 911 to no avail. He asked whether that situation
would qualify if it was later proven that the deceased
individual could have been saved.
MS. SCHROEDER said the significant factor was proving that the
individual could have been saved had the 911 center not been
interfered with. She reiterated the difficulty of that type of
prosecution.
1:45:40 PM
REPRESENTATIVE DRUMMOND asked how the proposed legislation would
put a stop to the conduct in question.
MS. MARTIN said it would allow the dispatcher to communicate to
the caller that the behavior was illegal. In some instances, it
would allow for a police officer to be dispatched to speak with
or arrest the caller.
REPRESENTATIVE DRUMMOND asked whether the dispatcher could hang
up on the caller after communicating that the behavior was
illegal. She said she was trying to figure out how dispatchers
could return to the true emergencies.
MS. MARTIN deferred to Mr. Jacob Butcher
MR. JACOB BUTCHER said determining whether an emergency existed
was of the utmost importance. Dispatchers had the option of
disconnecting calls when vulgarities were being screamed by the
caller, he added.
CHAIR CLAMAN shared a personal anecdote.
1:50:17 PM
REPRESENTATIVE EASTMAN asked whether the language in the bill
paralleled other statutes involving interference with first
responders, such as paramedics, police officers, or
firefighters.
MS. MARTIN offered to follow up with the requested information.
She noted that page 2, line 6, addressed interference with
communication equipment used by first responders.
1:52:38 PM
CHAIR CLAMAN opened public testimony on HCS CSSB 182(STA).
After ascertaining that no one wished to testify, he closed
public testimony and announced that the bill would be held over.
1:53:46 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:54 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 182 v. N 5.9.2022.PDF |
HJUD 5/9/2022 1:00:00 PM HJUD 5/11/2022 1:00:00 PM |
SB 182 |
| SB 182 Sponsor Statement 2.8.2022.pdf |
HJUD 5/9/2022 1:00:00 PM HJUD 5/11/2022 1:00:00 PM HSTA 4/12/2022 3:00:00 PM |
SB 182 |
| SB 182 Sectional Analysis v. N 5.9.2022.pdf |
HJUD 5/9/2022 1:00:00 PM HJUD 5/11/2022 1:00:00 PM |
SB 182 |
| SB 182 Summary of Changes v. O to v. N 5.9.2022.pdf |
HJUD 5/9/2022 1:00:00 PM HJUD 5/11/2022 1:00:00 PM |
SB 182 |
| SB 182 Supporting Document - Letters Received as of 3.23.2022.pdf |
HJUD 5/9/2022 1:00:00 PM HJUD 5/11/2022 1:00:00 PM HSTA 4/12/2022 3:00:00 PM |
SB 182 |
| SB 182 Fiscal Note LAW-CRIM 2.11.2022.pdf |
HJUD 5/9/2022 1:00:00 PM HJUD 5/11/2022 1:00:00 PM |
SB 182 |