HB 24-AGGRAVATING FACTORS AT SENTENCING  3:38:07 PM CHAIR GRAY announced that the final order of business would be HOUSE BILL NO. 24, "An Act relating to aggravating factors considered at sentencing." 3:38:28 PM REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as prime sponsor, presented HB 24. He paraphrased the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: In Alaska today, prosecutors may seek additional sentencing for crimes motivated by bias, if the perpetrator's action was targeted because of the victim's race, sex, color, creed, physical or mental disability, ancestry, or national origin. These crimes are typically known as 'hate crimes,' as they would likely not occur if it were not for the hatred of the perpetrator towards members of a specific group or class of people. HB 24 would add 'sexual orientation or gender identity' to this list. Before an act is deemed a hate crime, the defendant must first be tried and convicted of a crime. It is only during the sentencing phase of the criminal process that these aggravating factors may come into play, and only if the crime can be shown to be motivated by bias against a particular class or group. Currently, 47 states plus the District of Columbia allow for sentence enhancement when the defendant has been convicted of a hate crime. Of these statutes, 34 include sexual orientation as an aggravating factor, and 24 include gender identity. Tammie Willis is a vocal LGBTQ+ activist from Sterling. In November 2019, while organizing an annual Pride event, she found a threatening note containing homophobic slurs on her car. Roughly a week later, a large rock was thrown at her car while she drove to work. On December 9, she was attacked in her home by an knife-wielding assailant. She received dozens of stitches, bruising on her arms, legs, and stomach, and a concussion. These attacks occurred within days of announcements touting Pride in the Park planning meetings. It is clear that Mrs. Willis was targeted because of her LGBTQ identity and advocacy. Amending AS 12.55.155(c) to include 'sexual orientation or gender identity' would not reverse the attack Ms. Willis suffered. However, it would send a powerful message that Alaska rejects crime motivated by hate, and that we as a state are willing to punish it accordingly. As Alaskans and Americans, we have a constitutional right to be and express ourselves. We must support crime victims who are targeted for exercising these rights, and I urge you to join me in supporting HB 24 to do just that. 3:46:26 PM TAMMIE WILLIS, representing self, provided invited testimony during the hearing on HB 24 and shared her story. In October 2019, she received a death threat for her involvement in a pride event in Soldotna and her LGBTQ identity. Later, when driving to Kenai Peninsula College a rock was thrown through her car window with "dyke" written on it. The third incident occurred in December when she was physically attacked in her home resulting in four lacerations on her arm and stitches in her chest from a knife wound. For safety purposes she was forced to leave her home and quit her job, all while continuing to receive death threats throughout this time. She shared her belief that if this had been "on the record," the Alaska State Troopers and Soldotna Police would have taken the case more seriously and investigated it as a hate crime, rather than dismissing it and brushing her off. When the Federal Bureau of Investigation (FBI) got involved, the cases had been closed and evidence lost. She spoke to the impact of this crime and the importance of the bill. 3:51:29 PM KAREN LOEFFLER, representing self, provided invited testimony during the hearing on HB 24 and informed the committee that she had been a federal prosecutor in Alaska for 30 years. She spoke to the danger of a perpetrator who attacks someone because of their status or who they are due to the likelihood of continued criminal activity. In addition, she emphasized the vulnerability of individuals who don't have the ability to protect themselves, because who they are is an inherent risk to their safety. She stated the importance of acknowledging these situations in law, protecting the public, and addressing the dangerousness of the perpetrators. 3:53:48 PM REPRESENTATIVE JOSEPHSON summarized a PowerPoint presentation on HB 24 [hard copy included in the committee packet], beginning on slide 2, which explained that HB 24 amends aggravators under AS 12.55.155(c)(22). Slide 3 indicated that aggravating factors are considered during sentencing. Slide 4 discussed aggravating factors in sentencing. Slide 5 explained why aggravating factors are used in hate crimes. Slide 6 showed data on national hate crime victims based on sexual orientation or gender identity. Slide 7 showed hate crime laws nationwide. Slide 8 indicated that among all 50 states, Alaska is "middle of the pack" for hate crimes rates. Slide 9 spoke to an increase in anti-LGBTQ attacks, per an FBI hate crimes report. Slide 10 highlighted nationwide hate crime legislation. Slide 11 said Alaska illustrated that the state is not immune. 3:57:34 PM [HB 24 was held over.]