HB 24-AGGRAVATING FACTORS AT SENTENCING  1:03:12 PM CHAIR GRAY announced that the first order of business would be HOUSE BILL NO. 24, "An Act relating to aggravating factors considered at sentencing." 1:03:43 PM REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as prime sponsor, presented HB 24. He paraphrased the sponsor statement [included in the committee file], 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. 1:07:48 PM REPRESENTATIVE COSTELLO asked how aggravating factors are addressed in the criminal system and whether multiple can be selected. REPRESENTATIVE JOSEPHSON said the prosecutor can choose as many aggravators as they feel merit consideration by the jury. CHAIR GRAY interpreted Representative Costello's question to ask whether multiple aggravating factors could be added to account for a person's religion, race, sexual orientation, for example, if more than one applies. REPRESENTATIVE JOSEPHSON answered yes, but it would be a "very strange fact pattern," because the prosecutor would have to show that each of these things applied. He shared an example in reference to Wisconsin v. Mitchell. 1:10:23 PM CHAIR GRAY opened public testimony on HB 24. After ascertaining that no one wished to testify, he closed public testimony. 1:11:17 PM REPRESENTATIVE JOSEPHSON said the bill stuck with him because the crime was obviously motivated by hate based on the victim's sexual orientation. He added that most people could not be targeted in this way because they don't share that orientation. He explained that the bill would be a tool that is used by 31 other states. 1:12:23 PM CHAIR GRAY expressed his appreciation for the bill and said he understands the need for it. He shared a personal anecdote and opined an aggravating factor is appropriate for such crimes. 1:13:23 PM REPRESENTATIVE KOPP stated that Alaska is making strides towards protecting people who are attacked for being part of an identifiable group. He said he intends to support HB 24. 1:14:13 PM REPRESENTATIVE KOPP moved to report HB 24 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 24 was reported out of the House Judiciary Standing Committee.