03/03/2020 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB137 | |
| SJR18 | |
| HB83 | |
| SB165 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 18 | TELECONFERENCED | |
| *+ | HB 83 | TELECONFERENCED | |
| *+ | SB 165 | TELECONFERENCED | |
| += | SB 137 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 3, 2020
3:31 p.m.
MEMBERS PRESENT
Senator Joshua Revak, Chair
Senator John Coghill, Vice Chair
Senator David Wilson
MEMBERS ABSENT
Senator Mia Costello
Senator Scott Kawasaki
COMMITTEE CALENDAR
SENATE BILL NO. 137
"An Act extending the termination date of the Board of Parole;
and providing for an effective date."
- MOVED SB 137 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 18
Commemorating the 100th anniversary of women's suffrage.
- MOVED SJR 18 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 83(STA) AM(EFD DEL)
"An Act relating to voting by electronic transmission in a state
election."
- HEARD & HELD
SENATE BILL NO. 165
"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 vacation of judgment for a conviction of
prostitution; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 137
SHORT TITLE: EXTEND BOARD OF PAROLE
SPONSOR(s): SENATOR(s) MICCICHE
01/21/20 (S) PREFILE RELEASED 1/10/20
01/21/20 (S) READ THE FIRST TIME - REFERRALS
01/21/20 (S) STA, FIN
02/18/20 (S) STA AT 3:30 PM BUTROVICH 205
02/18/20 (S) Heard & Held
02/18/20 (S) MINUTE(STA)
03/03/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SJR 18
SHORT TITLE: WOMEN'S SUFFRAGE
SPONSOR(s): SENATOR(s) REVAK
02/17/20 (S) READ THE FIRST TIME - REFERRALS
02/17/20 (S) STA
02/25/20 (S) STA AT 3:30 PM BUTROVICH 205
02/25/20 (S) <Bill Hearing Canceled>
03/03/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: HB 83
SHORT TITLE: PROHIBIT VOTING BY FACSIMILE
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
03/06/19 (H) READ THE FIRST TIME - REFERRALS
03/06/19 (H) STA
03/12/19 (H) STA AT 3:00 PM GRUENBERG 120
03/12/19 (H) Heard & Held
03/12/19 (H) MINUTE(STA)
03/14/19 (H) STA AT 3:00 PM GRUENBERG 120
03/14/19 (H) Moved CSHB 83(STA) Out of Committee
03/14/19 (H) MINUTE(STA)
03/15/19 (H) STA RPT CS(STA) 7DP
03/15/19 (H) DP: VANCE, LEDOUX, WOOL, STORY, SHAW,
FIELDS, KREISS-TOMKINS
03/29/19 (H) BEFORE HOUSE IN SECOND READING
03/29/19 (H) RETURNED TO RULES COMMITTEE
02/10/20 (H) BEFORE HOUSE IN SECOND READING
02/12/20 (H) VERSION: CSHB 83(STA) AM(EFD DEL)
02/14/20 (S) READ THE FIRST TIME - REFERRALS
02/14/20 (S) STA
03/03/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 165
SHORT TITLE: PROSTITUTION/TRAFFICKING; VACATE CONVICT.
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/27/20 (S) READ THE FIRST TIME - REFERRALS
01/27/20 (S) STA, JUD, FIN
03/03/20 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
MICHAEL WILLIS, Intern
Senator Peter Micciche
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 137 on
behalf of the sponsor.
BETTY TANGEMAN, Staff
Senator Joshua Revak
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SJR 18 on behalf of the sponsor.
ANN BROWN, Vice Chair
Alaska Republican Party
Anchorage, Alaska
POSITION STATEMENT: Stated support for SJR 18.
XOCHITL LOPEZ-AYALA, representing self
Homer, Alaska
POSITION STATEMENT: Voiced concern that SJR 18 fails to
acknowledge that not all women obtained the right to vote 100
years ago.
ERIN HARRINGTON, Staff
Representative Jonathan Kreiss-Tomkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 83 on behalf of the sponsor.
GAIL FENUMIAI, Director
Division of Elections
Office of the Lieutenant Governor
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 83.
JOHN SKIDMORE, Deputy Attorney General
Criminal Division
Department of Law (DOL)
Anchorage, Alaska
POSITION STATEMENT: Introduced SB 165 on behalf of the
administration.
MIKE INGRAM, Lieutenant
Alaska State Troopers
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 165.
ACTION NARRATIVE
3:31:12 PM
CHAIR JOSHUA REVAK called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Coghill, Wilson, and Chair Revak.
SB 137-EXTEND BOARD OF PAROLE
3:32:11 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 137,
"An Act extending the termination date of the Board of Parole;
and providing for an effective date."
He stated that this is the second hearing and public testimony
was heard and closed on 2/18/20. He listed the people who were
available to answer questions and asked Mr. Willis if he had any
final comments on the bill.
3:32:47 PM
MICHAEL WILLIS, Intern, Senator Peter Micciche, Alaska State
Legislature, Juneau, Alaska, recapped that SB 137 extends the
termination date of the Board of Parole from June 30, 2020 to
June 30, 2025. Legislative Audit recommended a five-year
extension rather than the maximum eight years to acknowledge the
recent statutory changes that require continued oversight.
3:33:55 PM
SENATOR COGHILL voiced support for the bill.
CHAIR REVAK solicited the will of the committee.
3:34:42 PM
SENATOR COGHILL moved to report SB 137, work order 31-LS1344\M,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR REVAK found no objection and SB 137 was reported from the
Senate State Affairs Standing Committee.
3:35:09 PM
At ease
SJR 18-WOMEN'S SUFFRAGE
3:36:29 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE JOINT RESOLUTION NO. 18, Commemorating
the 100th anniversary of women's suffrage.
He stated that this is the first hearing, public testimony will
be heard, and if it is the will of the committee, he would like
to move the bill today.
3:36:52 PM
BETTY TANGEMAN, Staff, Senator Joshua Revak, Alaska State
Legislature, Juneau, Alaska, introduced SJR 18 on behalf of the
sponsor, paraphrasing the following sponsor statement:
The most foundational right in a democracy is the
right to have your voice heard through the ballot box.
Our nation is made stronger by all citizens
contributing to our governance.
There have been many heroes in the fight for women's
suffrage throughout history, but the movement in the
United States truly took form in 1848 with the Seneca
Falls Convention where eloquent speakers like
Elizabeth Cady Stanton and Lucretia Mott outlined
their dream of an America where the votes of women
would be counted.
It would take 70 years for this dream to be realized
with the passage of the 19th Amendment to the US
Constitution on August 18, 1920, but it is clear that
we are indebted to the countless women who made this
happen. Our nation will forever be the land of the
free and the home of the brave because the unalienable
rights of women are eternally secured.
We celebrate women's suffrage and the many
trailblazers that the women's movement has and will
continue to produce.
Here in Alaska, a woman's right to vote was guaranteed
on March 21, 1913 as the first action of the newly
formed Territorial Legislature; a clear point of pride
for Alaskans. In 1959, in the very first meeting of
the Alaska State Legislature there were four women
standing as members of the body. In 2002, Alaska sent
its first female US Senator to Washington, Lisa
Murkowski, and four years later we elected our first
female Governor, Sarah Palin. Palin also made history
as the first Alaskan to run on a Presidential ticket.
The 19th Amendment reads, "The right of citizens of
the United States to vote shall not be denied or
abridged by the United States or by any State on
account of sex." A short sentence with profound and
everlasting impacts worthy of significant celebration.
3:39:51 PM
SENATOR COGHILL commented that this is a good commemoration.
CHAIR REVAK said he enjoyed doing the research and found it
interesting that Alaska's first act as a territorial government
was to ratify women's suffrage. He noted that this was seven
years ahead of the federal government.
He invited Ms. Brown to comment on the bill.
3:41:47 PM
ANN BROWN, Vice Chair, Alaska Republican Party, Anchorage,
Alaska, stated that the Republican Party supports the 19th
Amendment, the unabridged right of U.S. citizens to vote, and
SJR 18.
3:42:20 PM
CHAIR REVAK opened public testimony on SJR 18.
3:42:57 PM
XOCHITL LOPEZ-AYALA, representing self, Homer, Alaska, applauded
the intention of SJR 18 but reminded members that not all women
achieved voting rights 100 years ago. She said this omission
essentially whitewashes history.
MS. LOPEZ-ALALA pointed out that only white Alaskan women were
granted the right to vote in 1913. Not until 1915 did the Alaska
Territorial Legislature recognize the right of indigenous people
to vote and that right was only granted in exchange for giving
up tribal customs and traditions. She mentioned the Voting
Rights Act of 1965 that secured the right to vote for most
marginalized communities and emphasized that the State of Alaska
needs to acknowledge the systemic oppression women of color and
indigenous Native women faced to gain the right to vote. She
opined that sacrificing traditions, language barriers at the
ballot box, unreliable access to polling stations and other
forms of voter suppression should be entered into SJR 18.
MS. LOPEZ-ALALA pointed out that in 2004, 24 villages in Alaska
did not have polling places, and that prior to Nick, et al. v.
Bethel, et al. in 2007, the Division of Elections did not
provide audio and written materials in Alaska Native languages.
She stressed that for SJR 18 to really acknowledge the history
of women's suffrage and voting rights, it has to acknowledge
Alaska's history.
MS. LOPEZ-ALALA clarified that she was not testifying to seek
reparations or for the state's wrongs to be righted. She was
testifying to ask the Alaska Legislature to acknowledge the past
and not whitewash the state's history.
3:46:46 PM
CHAIR REVAK found no one else who wished to comment and closed
public testimony on SJR 18.
3:47:02 PM
At ease
3:47:41 PM
CHAIR REVAK reconvened the meeting and asked the will of the
committee.
3:47:54 PM
SENATOR COGHILL voiced support for moving the legislation but
acknowledged that the previous testimony was worthy of
consideration. He said he reviewed the "whereas" phrases and did
not know that the resolution excluded anyone just because it did
not specifically include them.
SENATOR COGHILL moved to report SJR 18, Version A, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR REVAK found no objection and SJR 18 was reported from the
Senate State Affairs Standing Committee.
3:49:10 PM
At ease
HB 83-PROHIBIT VOTING BY FACSIMILE
3:50:03 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of CS FOR HOUSE BILL NO. 83(STA) am(efd del), "An
Act relating to voting by electronic transmission in a state
election."
3:50:48 PM
ERIN HARRINGTON, Staff, Representative Jonathan Kreiss-Tomkins,
Alaska State Legislature, Juneau, Alaska, introduced HB 83 on
behalf of the sponsor, speaking to the following sponsor
statement:
HB 83 prohibits the return of absentee ballots by
facsimile.
Currently, fax is an allowable means for a voter to
return a completed absentee ballot to the Division of
Elections. Most election security experts caution that
the electronic transmission of ballots (such as by
fax) presents cybersecurity risks.
HB 83 seeks to strengthen election security in Alaska.
MS. HARRINGTON explained that the legislation was drafted based
on recommendations by national election security experts to
fortify the integrity of the state's election system. She noted
that the Division of Elections has made some security changes
through regulation but HB 83 addresses security vulnerability
that resides in statute.
She said HB 83 specifically addresses electronic return of
ballots via fax to the Division of Elections because this type
of transmission is susceptible to tampering. She noted that the
division has stopped accepting ballots through its online system
for the same reason. However, absentee voters may continue to
request their ballots be delivered by fax. She highlighted that
the bill was amended on the House floor to exempt members of the
military who are voting absentee; they may continue to return
their voted ballots by fax.
3:55:02 PM
CHAIR REVAK asked if the bill allows people to receive a ballot
by fax but only military members voting absentee would be able
to return the ballot that way.
MS. HARRINGTON answered that is correct. The reasoning is that
the voter is able to ascertain the validity of the ballot on the
receiving end, but that opportunity is not available when the
ballot is returned.
SENATOR COGHILL asked if there is a way to ascertain that the
number of returned absentee ballots is roughly equivalent to the
number that are sent out. He commented that this is an area that
chain of custody can be very important.
MS. HARRINGTON explained that every voted absentee ballot is
reviewed by a bipartisan ballot review board. She deferred to
Gail Fenumiai to discuss the specifics of chain of custody.
3:58:20 PM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, Anchorage, Alaska, explained that before
somebody can receive a ballot by mail or fax, they must complete
an absentee by mail application. This requires the person to
provide their voter identification number, the last four digits
of their Social Security number or their driver's license
number, and their date of birth. The ballot is not sent to the
voter until their identity has been verified. When the voted
ballot is returned, the division first checks to see if the
voter applied for a ballot and then it is reviewed by a
bipartisan board to ensure that the ballot has all the required
information. It has to be posted on or before Election Day or
received by fax by the close of polls on Election Day; it has to
be signed by the voter and have an identifier; and the ballot
must be witnessed.
3:59:59 PM
SENATOR COGHILL asked what the current process is for receiving
absentee ballots from members of the military.
MS. FENUMIAI replied the only option right now to return a
ballot electronically is by fax. Under HB 83, only uniformed
overseas military members may return their voted ballot by fax.
Everybody else who receives a ballot through the online delivery
system or by fax would be required to return their voted ballot
by mail. She said the same verification process is in place for
ballots received either way.
SENATOR COGHILL asked if using other electronic transmission
would require unique identifiers and verification
MS. FENUMIAI answered yes; the same information is required on
an application for either type of voting.
4:01:40 PM
SENATOR WILSON asked how many voted ballots have come in by fax
in the last few elections and which communities they came from.
MS. FENUMIAI replied the division tracks how the ballot is sent
to the voter, but the method of return is not logged. In the
2018 election year, seven voters received a ballot by fax; three
were military domestic and four were overseas citizens. That
same year there were 2,628 Uniformed and Overseas Citizens
Absentee Voting Act (UOCAVA) voters who applied to receive a
ballot online; 181 were military overseas voters, 1,459 were
military domestic, and 988 were overseas voters.
4:03:37 PM
SENATOR WILSON asked if this legislation would disenfranchise a
small population of voters.
MS. FENUMIAI replied she did not believe so because voters will
have the opportunity to return their ballots by mail. She said
that is best practices according to agencies that work on
security issues.
SENATOR WILSON questioned why the administration did not
introduce legislation to fix this.
MS. FENUMIAI replied the administration did not introduce the
bill, but the Division of Elections is willing and able to
implement it.
4:05:26 PM
MS. HARRINGTON informed the committee that the bill was amended
on the House floor and the body did not catch that it repeals AS
15.20.066(b), which is a set of attestations and oaths that a
voter makes when they return a ballot using electronic
transmission. She explained that initially there was no
exclusion for UOCAVA voters so no ballots would have been
returned electronically. Now there is an exclusion, so the
repealed verifiers need to be addressed either in regulation or
in the bill. She noted that the 2/17/20 memo from Legal Services
in the packets addresses the issue.
4:07:55 PM
CHAIR REVAK opened public testimony on HB 83. After ascertaining
that none who wished to testify, he closed public testimony.
CHAIR REVAK held HB 83 in committee and encouraged people to
submit testimony to [email protected].
SB 165-PROSTITUTION/TRAFFICKING; VACATE CONVICT.
4:08:58 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 165,
"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 vacation of judgment for a conviction of
prostitution; and providing for an effective date."
He asked Mr. Skidmore to introduce the governor's bill.
4:09:40 PM
JOHN SKIDMORE, Deputy Attorney General, Criminal Division,
Department of Law (DOL), Anchorage, Alaska, stated appreciation
for the opportunity to address the issue of sex trafficking and
human trafficking, which is often underreported in the state. He
related that this is the third most profitable industry in the
world for organized crime. It only falls behind drugs and arms
trading.
MR. SKIDMORE said it is difficult to determine the extent of sex
and human trafficking crimes in Alaska because they are often
underreported or mistaken for things such as drug or alcohol
abuse, domestic violence, delinquency, teen pregnancy, or
sexually transmitted diseases (STDs). The people who are treated
for these conditions are often victims of either sex or human
trafficking and they commonly became a victim of this crime at
14-16 years old. These young victims are lured with false
promises and then made to engage in this conduct through force,
fraud, or coercion.
MR. SKIDMORE stated that SB 165 is designed to do five things:
1. It increases the penalties for sex trafficking and human
trafficking in Alaska.
2. It moves sex trafficking to the chapter in Title 11
relating to person crimes.
3. It closes gaps in the statutes to allow a more effective
response to these crimes.
4. It creates a complementary framework between human
trafficking and sex trafficking.
5. It creates a method to vacate a prostitution conviction for
a victim of sex trafficking.
MR. SKIDMORE highlighted that the Alaska Council on Domestic
Violence and Sexual Assault found a 115 percent increase from
2016 to 2019 in the number of individuals in shelters who
voluntarily reported being a victim of these crimes. Further,
the Alaska Native Justice Center reported working with 125
victims of sex trafficking in 2018 and the organization in
Anchorage called Priceless said they have helped more than 150
survivors get out of prostitution. He reiterated that these
crimes are often underreported.
MR. SKIDMORE said what should be most alarming is that more than
50 percent of these victims are Alaska Native. While it is not
clear how much these crimes are related to missing and murdered
indigenous persons, SB 165 will make the law more responsive to
this problem in the state.
4:14:47 PM
MR. SKIDMORE paraphrased the prepared sectional analysis for SB
165:
Summary: This bill enacts a new offense series for sex
trafficking in the first, second and third degrees. It
enacts the new crime of "patron of a victim of sex
trafficking." The bill also amends the crime of human
trafficking in the first degree and second degrees and
enacts the new crime of "human trafficking in the
third degree." The bill adds sex trafficking in the
first and second degree and patron of a victim of sex
trafficking to the list of registerable sex offenses.
Additionally, the bill establishes a process whereby
people who have been convicted of prostitution can get
that conviction vacated if they are able to show that
they were a victim of sex trafficking at the time that
they committed the prostitution offense.
Section 1 is conforming changes to the amendments made
in section 2.
Section 2 enacts a new offense series; sex trafficking
in the first, second, and third degrees. In essence a
person is guilty of sex trafficking in the first
degree (unclassified sex felony) if the person
traffics a person under the age of 20, uses force when
trafficking a person, or manages a place of
prostitution. A person is guilty of sex trafficking in
the second degree (class A sex felony) if the person
recruits, entices, or otherwise induces or causes a
person to engage in commercial sexual conduct. Sex
trafficking in the first and second degrees would be
sentenced under the enhanced penalties for sexual
felonies and the person would be required to register
as a sex offender.
A person is guilty of sex trafficking in the third
degree if the person provides resources in furtherance
of the commission of sex trafficking. Sex trafficking
in the third degree is a class B felony if the value
of the resources is $200 or more and a class C felony
if the value of the resources is less than $200. A
person who commits sex trafficking in the third degree
would be sentenced under the enhanced sexual felony
sentences but would not be required to register as a
sex offender.
This section also enacts the new crime of "patron
of a victim of sex trafficking." A person is guilty of
being a patron of a victim of sex trafficking if the
person solicits sexual conduct with reckless disregard
that the person they are soliciting is a victim of sex
trafficking. If the person solicited is under 18 years
of age this offense will be a B sex felony. If the
person solicited is an adult, this offense will be a C
sex felony. This crime would be sentenced under then
enhanced penalties for sexual felonies and the person
would be required to register as a sex offender.
While there are sex trafficking crimes already in
statute, these new crimes are broader and have updated
language to capture the ways in which sex trafficking
actually occurs. The sex trafficking statutes in
current law are repealed as that offense will now
appear in AS 11.41 as specified in this section.
4:17:24 PM
Section 3 amends the crime of human trafficking in the
first degree to be an unclassified felony when the
person uses force against the victim or the victim is
under the age of 20.
Section 4 denotes that human trafficking in the first
degree is an unclassified felony.
Section 5 amends human trafficking in the second
degree to include situations in which the perpetrator
(1) exposes or threatens to expose confidential
information or a secret, whether true or false,
tending to subject a person to hatred, contempt, or
ridicule;
(2) destroys, conceals, or threatens to destroy
or conceal an actual or purported passport or
immigration document or another actual or purported
identification document of any person;
(3) threatens to report a person to a government
agency for the purpose of arrest or deportation;
(4) threatens to collect a debt;
(5) instills in another person a fear that the
person will withhold from any person lodging, food,
clothing, or medication; (6) provides or withholds
controlled substances from the person; or
(7) deceives the victim.
Section 6 denotes that human trafficking in the second
degree is a class A felony.
Section 7 Enacts the new crime of human trafficking in
the third degree. A person is guilty of human
trafficking in the third degree if the person provides
resources in furtherance of human trafficking. Human
trafficking in the third degree is a class B felony if
the value of the resources is $200 or more and a class
C felony if the value of the resources is less than
$200.
This section also clarifies that corroboration of
a victim's testimony is not necessary. This codifies
current law in that a jury has the ability to convict
based on a victim's testimony alone. This section is
in current law and is simply relocated to AS 11.41
along with the rest of the sex trafficking statutes.
This section also makes clear that any property used
to commit sex or human trafficking may be forfeited.
Section 8 is the definition section for sex
trafficking and human trafficking.
Section 9 clarifies that the crime of coercion is only
to be used if the sex trafficking or human trafficking
elements are not present.
Section 10 cleans up the references to sex trafficking
in the prostitution statute.
Section 11 makes a conforming change to a provision
that is repealed in the repealer section (being a
patron of a prostitute under the age of 18).
Section 12 clarifies that the definition of sexual
conduct used in the prostitution statutes is the same
definition that is used in the sex trafficking and
human trafficking statutes.
Sections 13 19 make conforming changes to sex
trafficking and human trafficking references that
appear in those statutes.
Section 20 establishes that human trafficking in the
first degree, as an unclassified felony, will be
sentenced between five and 99 years.
Section 21 makes conforming amendments to AS
12.55.125(i), the sex offense sentencing statutes,
incorporating the new sex trafficking statutes and
patron of a victim of sex trafficking statute. This
ensures that these offenses will be subject to the
higher sentences associated with sex offenses.
4:20:13 PM
Section 22 makes conforming changes to the statutory
definition of "most serious felony," by removing sex
trafficking in the first degree, which is then added
to the statutory definition of "sexual felony" in
section 23.
Section 23 adds sex trafficking and patron of a victim
of sex trafficking to the definition of "sexual
felony."
Section 24 makes changes to the definition of "serious
offense" reflecting the changes made to the sex
trafficking and human trafficking statutes.
Section 25 adds sex trafficking in the first and
second degree and patron of a victim of sex
trafficking to the list of registerable sex offenses.
MR. SKIDMORE reminded the committee that under current law, sex
trafficking is not a registerable sex offense and that SB 165
corrects that omission.
Section 26 establishes a process whereby people who
have been convicted of prostitution can get that
conviction vacated if they are able to show that they
were a victim of sex trafficking at the time that they
committed the prostitution offense. If the conviction
is vacated the court system may not publish records
relating to the conviction on CourtView nor may the
Department of Public Safety release that information
as part of an employment background check.
Sections 27 29 make conforming changes to the
changes made to the sex trafficking statutes.
Section 30 clarifies that if a person's prostitution
conviction made them ineligible for a permanent fund
dividend and that conviction was vacated under section
26 of the bill, the person would be eligible for a
permeant fund dividend from the date of the vacation
forward.
Sections 31-34 make conforming changes to the changes
made to the sex trafficking statutes.
Section 35 is the repealer section.
Section 36 is the applicability section. The majority
of this bill will apply to offenses occurring on or
after the effective date.
Section 37 establishes the effective date as July 1,
2020.
4:22:13 PM
CHAIR REVAK noted who was available to answer questions.
SENATOR COGHILL asked if a convicted patron of a sex trafficked
victim will be required to register as a sex offender.
MS. SKIDMORE answered yes; the patron of a victim of sex
trafficking is a new crime. Under current law, the patron of
prostitution does not require registry and that does not change.
But the convicted patron of a sex trafficked victim would be
required to register as a sex offender under this new law.
CHAIR REVAK asked Lieutenant Ingram his opinion of the bill.
4:24:16 PM
MIKE INGRAM, Lieutenant, Alaska State Troopers, Department of
Public Safety, Anchorage, Alaska, described SB 165 as a fairly
good solution to address the issue of patrons of sex trafficked
victims. Under current law the patrons can only be charged with
a class B misdemeanor relating to prostitution. For that reason,
the Alaska State Troopers support SB 165.
4:25:26 PM
SENATOR COGHILL asked for confirmation that this is about a
patron of a person who is acting under duress or is underage.
MR. SKIDMORE replied that is correct.
4:25:57 PM
CHAIR REVAK held SB 165 in committee and encouraged the public
to submit written testimony to [email protected].
4:26:50 PM
There being no further business to come before the committee,
Chair Revak adjourned the Senate State Affairs Standing
Committee meeting at 4:26 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 165 Highlights Doc 1.27.2020.pdf |
SSTA 3/3/2020 3:30:00 PM |
SB 165 |
| SB 165 Sectional Analysis v. A 1.27.2020.pdf |
SSTA 3/3/2020 3:30:00 PM |
SB 165 |
| SB 165 Transmittal Letter 1.27.2020.pdf |
SSTA 3/3/2020 3:30:00 PM |
SB 165 |
| SB 165 Hearing Request 1.31.2020.pdf |
SSTA 3/3/2020 3:30:00 PM |
SB 165 |
| HB83 Explanation of Changes Feb 14 2020.pdf |
SSTA 3/3/2020 3:30:00 PM |
HB 83 |
| HB83 Sectional Analysis Feb 14 2020.pdf |
SSTA 3/3/2020 3:30:00 PM |
HB 83 |
| HB83 Sponsor Statement Feb 14 2020.pdf |
SSTA 3/3/2020 3:30:00 PM |
HB 83 |
| SJR 18 - Letter of Support - League of Women Voters 2.28.20.pdf |
SSTA 3/3/2020 3:30:00 PM |
SJR 18 |
| SJR 18 Sponsor Statement.pdf |
SSTA 3/3/2020 3:30:00 PM |
SJR 18 |
| SJR 18 Backup document HB 2 from 3.21.1913.jpg |
SSTA 3/3/2020 3:30:00 PM |
HB 2 SJR 18 |