HB 170-REPORTING VIOLENT CRIMES  3:27:10 PM CHAIR CARRICK announced that the next order of business would be HOUSE BILL NO. 170, "An Act relating to a failure to report a violent crime." 3:28:09 PM REPRESENTATIVE ROBYN NIAYUK BURKE, Alaska State Legislature, as prime sponsor, introduced HB 170. She said that HB 170 seeks to increase the penalty for not reporting a violent crime, from a Legal Violation to a Class B Misdemeanor. 3:28:57 PM LA CRETIA WILSON, Staff, Representative Robyn Niayuk Burke, Alaska State Legislature, on behalf of Representative Burke, prime sponsor, presented the sectional analysis to HB 170 [including in the committee file], which read as follows [original punctuation provided]: Section 1 amends AS 11.56.767 (d) changing failing to report a crime from a violation to a class B misdemeanor. Section 2 adds an applicability clause as amended by section 1 of this act which applies to offenses committed on or after the effective date of this Act. This means the State cannot retroactively charge a defendant. MS. WILSON proceeded to discuss crime rates in Alaska. She said that it has remained consistently above the national average for more than four decades, including rural areas of the state. She said that these violent crimes consist of murder, attempted murder, kidnapping, attempted kidnapping, sexual penetration, or attempted sexual penetration. MS. WILSON noted that Kathleen Joe Henry joins a "long list" of women who have lost their lives due to a violent crime. She was sexually assaulted and murdered in 2019. Her killer showed her dead body to another individual who failed to report the crime. That individual remains free to this day. She stated that failing to report a violent crime is currently a legal violation that involves a fine of up to $500. She said that HB 170 would increase this penalty to a Class B Misdemeanor, punishable with a jail sentence to 90 days, and a maximum fine of up to $2,000. She noted that a higher penalty for failure to report violent crimes could prevent the escalation of violent crime and help save victims being murdered. MS. WILSON highlighted that the Urban Indian Health Institute collected data in 71 cities across 29 states in an attempt to highlight the crisis of "missing murdered indigenous women and girls." She said that there are challenges with appropriate data for this type of study due to underreporting, racial misclassification, and other reasons. She said that in 2024 the Alaska Criminal Justic Data Analysis Commission found that many victims felt that they were not taken seriously by people in the criminal justice system. She commented that early prevention, awareness measures, and financial compensation were available for victims. She said that the Alaska Native Public Safety Officers "don't wait" campaign has attempted to educate the public that someone doesn't need to wait 24 hours to report a missing person or a violent crime. 3:31:51 PM CHAIR CARRICK announced that the committee would hear invited testimony on HB 170. 3:32:23 PM AMBER NICKERSON gave invited testimony in support of HB 170. She remarked that under the current language of Alaska Statute (AS) 11.56.767, the failure to report a violent crime against an adult is not mandated. By strengthening the statute, police and investigators can have a meaningful tool to go after individuals who conceal serious crimes. She said that people that have already come forward and reported these crimes would not be affected by strengthening the law. She said the legal changes would target those who stay silent. MS. NICKERSON explained that the weakness in the current statute was exposed in the case involving Ian Calhoun and Brian Steven Smith. She remarked that even Deputy Attorney General John Skidmore acknowledged in a commentary to the Alaska Beacon that under Alaska law there is no duty for citizens to report crime and aid enforcement. She remarked that this was not acceptable. She said that by changing the violation to a Class B Misdemeanor, law enforcement can treat these cases with the seriousness that they deserve. She said that alleviation for the failure to report violent crimes was needed and Alaska needs to do better. She noted that when researching other state penal codes, Ohio and Texas had similar penalties for failure to report these types of crime. 3:34:48 PM ANTONIA COMMACK gave invited testimony in support of HB 170. She said that her advocacy started in 2017 when her friend Robin was murdered by her partner in front of their young children. Her other friend Cristen Huntington was violently beaten, murdered, and stuffed into a vacant apartment closet by her partner in 2020. She said that this is the reality for many Alaska Natives today. She said that she was not there to exclusively advocate for Native Alaskans' safety but for safety for all. She said that Ian Calhoun's case illustrated that there are already people who are not being held accountable for failing to report a violent crime. She reiterated that Deputy Attorney General John Skidmore wrote about this topic in the Alaska Beacon, but only after protests were held to raise awareness. She said that not only have Ian Calhoun's actions been acknowledged by Mr. Skidmore, but the states prosecutor Brittany Dunlop revealed that Brian Smith, the killer, had bragged to Ian Calhoun about "having fun" regarding the murder and had likely showed Ian Calhoun the deceased body. She said that there was no remorse or regret, only amusement. She highlighted that Ian Calhoun's court view record was clean despite all these things. She remarked that Ian Calhoun later notified to the killer that her body was discovered by law enforcement and he clearly had intimate knowledge of the violent crime. She inquired about why others had been charged with failure to report but Ian Calhoun was not penalized. She said that the goal of the proposed legislation is to give police the tools they need to hold violent criminals accountable. MS. COMMACK remarked on the positive character of Kathleen, her love for family, and her family wishes for this law to pass. She said that Kathleen's family has kept quiet and did not want to talk about her story because what happened was too painful to speak about. She asked the committee to imagine if it were their mother, sister, aunt, or friend subject to violence. She said that HB 170 seeks to address this gap in the justice system, and she encouraged quick bill passage. 3:40:26 PM CHAIR CARRICK asked the committee whether there were questions regarding HB 170. 3:40:34 PM REPRESENTATIVE HIMSCHOOT remarked that it is always difficult to hear these types of accounts. She asked Representative Burke, bill sponsor, whether the current penalty for failure to report was a legal violation with a $500 fine and what would change by making it a Class B Misdemeanor. REPRESENTATIVE BURKE responded that by increasing the penalty to a Class B Misdemeanor, it would be punishable with a jail sentence up to 90 days with a fine up to $2,000. REPRESENTATIVE HIMSCHOOT asked whether Representative Burke had an idea of how many cases were like this and if the intent of the proposed legislation were to put more effort into finding people who failed to report crimes by making penalties stronger. REPRESENTATIVE BURKE responded increasing the penalty would put more energy into investigating these cases. 3:42:34 PM CHAIR CARRICK remarked that this question regarding the frequency of these infractions might be best addressed by Commissioner Cockrell. 3:43:11 PM JAMES COCKRELL, Commissioner, Department of Public Safety (DPS), responded that there had been a "deep dive" into the department's record system, and no recent cases could be found regarding convictions for failing to report violent crime. CHAIR CARRICK asked whether he felt that this was because the penalty was a legal violation as opposed to a misdemeanor. COMMISSIONER COCKRELL responded that it may be two-fold. He said that law enforcement may not spend a lot of time on it and some law enforcement officers may not know about the current law regarding violent crime reporting. He said that one of his recommendations regarding the bill is to ensure that the people of Alaska know that if they do not report a violent crime against an adult, there would be consequences. He indicated that a public outreach initiative may incentivize people to "reach out." He said that DPS was not opposed to HB 170 and there was a zero fiscal note for the department; however, he raised concerns regarding the consequences of raising the penalty. 3:45:43 PM REPRESENTATIVE MCCABE asked Commissioner Cockrell whether the proposed bill would help law enforcement with violent crime investigations. COMMISSIONER COCKRELL responded that the bill would not hurt law enforcement efforts, but law enforcement and the public need to know what the bill is, what it would do, how it would protect the public, and how to make reports. He reiterated that Alaska has a high rate of violence, and this was one way to try to deter it. REPRESENTATIVE MCCABE commented on a previous public initiative to raise awareness to slow down for officers on the road. He assumed that initiative funding may have come from a grant and asked if doing something similar could be done to raise awareness regarding reporting violent crimes. COMMISSIONER COCKRELL responded that he did not see any negatives to this and there was specific funding for Missing and Murder Indigenous Peoples (MMIP) initiatives that could provide a place for raising awareness on reporting violent crimes. He reiterated that public awareness was important and if the public did not know that it was required to report, than realistically these reports would not occur. He suggested this may be the reason why DPS records could not illustrate many cases. REPRESENTATIVE MCCABE commented that he knew there was a list of spreadsheets in a previous hearing that highlight the "Missing" part of MMIP and if a more intense law were in place, there would be a reason to report it. He talked about trying these things together. COMMISSIONER COCKRELL said that the Village Public Safety Officer (VPSO) is imperative in supporting MMIP initiatives. He noted that there was the "don't wait 24-hour campaign" that had a couple TV spots to support public education efforts. He said that DPS has spoken about this in the Tribal Affairs Committee for several years. He said that DPS wants to stay in touch with victims of violent crimes and support for the Navigator Program was important. He said the program does a good job of keeping engagement and connection with DPS, and the troopers like the program, especially the investigators. 3:51:07 PM REPRESENTATIVE HOLLAND said that he was curious about the nature of a Class B Misdemeanor and that on the surface it seems like a modest criminal offense. He asked if there was any background to why a Class B Misdemeanor was chosen as the penalty and what the stipulations were to a higher penalty. COMMISSIONER COCKRELL replied that Deputy Attorney General John Skidmore could address this issue better. He said that some advocacy groups cautioned against raising the penalties to a degree that would prevent reporting. CHAIR CARRICK said that in a moment Deputy Attorney General John Skidmore could address these types of questions. 3:52:24 PM REPRESENTATIVE HIMSCHOOT asked Commissioner Cockrell how someone would prove a case like this and what kind of evidence would be required. COMMISSIONER COCKRELL answered that the purpose of this bill is to stop violence from happening and essentially these things would be investigative and involve interviews. REPRESENTATIVE HIMSCHOOT said that the consequence to a non- reporting individual would be higher; therefore, someone would be more motivated to report it. She also said that some people may not realize it is already a crime to not report violent offenses. COMMISSIONER COCKRELL said that most people won't understand whether it's a Class A or Class B Misdemeanor, or even a Class C felony, but simply that they are required by law to report it, regardless of the penal class of the crime. He reiterated that public understanding regarding reporting violent crimes was important. 3:55:20 PM CHAIR CARRICK asked whether there were any additional questions for Commissioner Cockrell. 3:55:27 PM REPRESENTATIVE STORY remarked that she thought that education is very important and there should be a campaign due to the severe nature of the topic. She said that some people can be shocked and afraid that reporting violent crime could have repercussions, and ensuring anonymity and protection is imperative. She said that a public awareness campaign should emphasis anonymity. COMMISSIONER COCKRELL remarked that DPS receives anonymous tips frequently and there is a "safety net" in place for those fearful to report a crime. He said that Mr. Skidmore could further address this issue. 3:57:29 PM REPRESENTATIVE HOLLAND reiterated his question regarding the selection of a Class B Misdemeanor as the appropriate penalty for crime class. He asked what would have been the higher or lower penalty classes for the offense. REPRESENTATIVE BURKE responded that there were a few different iterations of the bill with different penalty levels for non- reporting. She remarked that as Commissioner Cockrell had mentioned, a level of crime needs to be established that would not hinder people from making reports. She noted that the purpose of HB 170 is to be an investigative tool for violent crimes. She also noted that several people and groups were consulted regarding an appropriate crime level. She noted that there was a companion bill in the Senate and given joint discussions, a Class B Misdemeanor was selected. 3:59:40 PM REPRESENTATIVE VANCE said that she had questions about this and one area worth looking at was mandatory reporting for crimes against children. She asked whether this bill would make everybody a mandatory reporter regarding these high-level crimes. 4:00:08 PM JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney General, Criminal Division, Department of Law, advised that under current statute, a legal violation occurs if the person witnesses what they should have known as a violent crime. He said that there are some challenges to this, and an example heard earlier was that someone saw a body in a vehicle. He said whether a murder was witnessed would be subject to litigation. If you come across someone and the act is in process, then it would require reporting. He said the bill would require reporting to law enforcement, ensuring that it was reported, or intervening and attempting to stop the act from occurring. If successful, no report would be necessary. He said that all HB 170 does is change the penalty from a Violation to a Class B Misdemeanor. REPRESENTATIVE VANCE asked that given this specific statute, what kind of immunity is available to people who fail to report a violent crime offense. MR. SKIDMORE responded that if someone has witnessed a crime and they have not reported it immediately and don't fall into one of the "exceptions" found in statute, then in order to have that person's testimony provided at trial, the state would be obligated to request the court to order immunity to that individual to compel them to testify. He said there is also the Fifth Amendment privilege that someone could not be compelled to testify. He said that in these instances immunity would be required. MR. SKIDMORE in response to a previous question from Representative Holland, remarked that when the violent reporting statute was made in 2008, the original penal class that was proposed was a Class C felony. There were Senate discussions at this time that discussed this "immunity." He said that following these discussions, the determination was made that a violation was the appropriate level of crime for the offense to non-reporters. REPRESENTATIVE VANCE asked what the legal timeframe was that someone had to report a violent crime and what would be considered reasonable. MR. SKIDMORE answered that the statute speaks to a "reasonable" period; however, there is no set time in legal definition, and this would require evaluations on a case-by-case basis. REPRESENTATIVE VANCE remarked that Mr. Skidmore has vast experience of this, and the goal is to get people to report these crimes. However, she noted that there may be people fearful that this would enact a "nanny state." She raised concerns that prosecutions with possible jail time would be the result of failed reporting. She asked whether he could speak to these concerns and any public perception of "government overreach." MR. SKIDMORE responded that this is a discussion that would be a policy decision for the legislature to make as to whether this is the type of conduct that should be criminalized or left as the current violation. He said that the two sides of the debate are that on "one hand," some would argue that the legislation would make a "nanny state"; and the "other hand," it is a moral social contract that society should report these types of violence. He said that he believed these are at the heart of this discussion and would require legislative deliberations. REPRESENTATIVE VANCE thanked Mr. Skidmore for his perspectives and that in Alaska any crimes reported against children have serious implications and violent conduct against vulnerable adults also requires serious attention. She asked whether Mr. Skidmore had any insight into how this area of statute could help with prosecutions. She said that this area of statute is seemingly vague and inquired about what tools would be required to support what the communities are seeking. MR. SKIDMORE said that he did not have any recommendations for how to amend or alter HB 170. He said that there are policy questions that the legislature would need to grapple with regarding criminality and reporting. He said that certainly the goal is to encourage everyone to report crime and whether the proposed bill would accomplish this is to the legislature's discretion. 4:07:57 PM REPRESENTATIVE HIMSCHOOT asked what constitutes a violent crime that would require mandatory reporting. REPRESENTATIVE BURKE responded that it would constitute murder or attempted murder, kidnapping or attempted kidnapping, sexual penetration or attempted sexual penetration by another. Particularly to those without consent or who are incapacitated. REPRESENTATIVE HIMSCHOOT said that the statute also specifies an adult and asked whether there was a separate statute section addressing children. REPRESENTATIVE BURKE responded that there was a separate section addressing children. 4:09:38 PM CHAIR CARRICK asked for clarification on whether attempted murder constitutes a violent crime. MR. SKIDMORE responded that it is a violent crime. 4:09:54 PM CHAIR CARRICK announced that HB 170 was held over.