HOUSE BILL NO. 343 "An Act relating to harassment." REPRESENTATIVE BOB LYNN related that correctional officers and first responders who want more protection from attacks with bodily fluids requested the bill. He shared a personal experience working in a jail environment. He related that attacks with bodily fluids have been increasing, as has the danger of infections. Currently, throwing bodily fluids at anyone can only be charged as a class B misdemeanor. This bill changes that to a class A misdemeanor, with jail time from zero days to one year. It also provides a minimum term of imprisonment of 60 days for persons convicted of harassment in the first degree when they direct the offense at certain specified law enforcement officers and emergency responders. He noted correspondence included in members' packets and quoted several examples. 2:58:42 PM DANIEL COLANG, PRESIDENT, ALASKA CORRECTIONAL OFFICERS ASSOCIATION, related his experience behind correctional facility walls. He stressed that assault with bodily fluids has become prevalent. He encouraged support of this bill. Representative Stoltze asked if saliva is still prohibited. Representative Lynn said it is. 3:03:25 PM MAE BARNEY, CORRECTIONAL OFFICER, FAIRBANKS, shared her experience with assault by bodily fluids. She testified in support of the bill. 3:07:32 PM Representative Weyhrauch asked if this law applies to a situation where a member of PETA would throw blood at a person wearing fur. MIKE SICA, STAFF, REPRESENTATIVE BOB LYNN, clarified that the law would apply to everyone, not just correctional officers. He referred to page 2, Section 2, harassment in the first degree, to explain. Representative Weyhrauch restated his question to ask if the law would apply to everyone. Mr. Sica responded that the mandatory minimum prison term of 60 days only applies to assaults against peace officers, medical first responders or professionals. 3:10:35 PM SUSAN PARKS, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, clarified that the crime would apply to anyone who is assaulted by bodily fluids - teacher, citizen, babysitter, and the criminal could be prosecuted under this new statute, harassment in the first degree. Representative Weyhrauch asked for clarification between the different kinds of sentencing. Ms. Parks referred to page 3, Section 4, to highlight the sentencing provision for crimes against peace officers and medical personnel. Co-Chair Chenault asked how many bodily fluid assault cases there are a year. Ms. Parks responded that there are probably more cases than what are prosecuted, which are only a handful. They are a common occurrence and are often handled administratively in jail with a loss of privileges. They are currently a misdemeanor. Mr. Colang, in response to Co-Chair Chenault's question, could not recall any statistics regarding this. He cited Fairbanks as an example, where there was an incident last month. Co-Chair Chenault opined that it should be reported every time. 3:15:08 PM Co-Chair Chenault asked how many cases there would be per year. He mentioned that there could be legal costs involved with this type of case. He suggested researching up-front costs. 3:16:26 PM Ms. Parks commented on the fiscal notes. She indicated that currently there are only a few cases. She added that the numbers could increase. She speculated that the thirteen offices could absorb the normal workload. She suggested that the bill might have a deterrent effect and the costs could decrease. 3:18:10 PM Representative Foster remembered being accosted by a lobbyist who "spit in his face". Representative Hawker pointed out that the bill would create a crime of degrees. He wondered if the bill could make class A conduct elevate to class B conduct. Co-Chair Meyer responded that some threats fall under a different statute. Ms. Parks added that there are other statutes that elevate the conduct by the degree and by the nature of the conduct. She commented that it would be a policy call for the Legislature to make. She thought the subject matter of this bill is of a higher nature. 3:22:14 PM Representative Hawker asked if the act were sufficiently threatening, would the new category of a class A misdemeanor be high enough for the crime. Ms. Parks replied that the legislature could make that 'call'. The thought was that it did not fit into class C conduct. It should be a determination made by the Legislature. 3:23:49 PM Representative Stoltze asked if the Department of Corrections made the decision not to come to the table to participate in the discussion. Mr. Sica took responsibility for not following up with the Department. He did not want that to be interpreted that they do not support the legislation. 3:25:07 PM Co-Chair Chenault MOVED to REPORT CSHB 343 (JUD) with individual recommendations and the attached fiscal notes. He voiced concern about the fiscal notes attached to the bill. He requested more accurate fiscal notes. Representative Stoltz OBJECTED for the purpose of discussion. Representative Kelly pointed out that several states have elevated this crime to a felony. He reiterated how offensive the crime is. Representative Holm added that the class A misdemeanor for this crime was the same as it was for transporting noxious weeds. Co-Chair Meyer noted the four new fiscal notes. Representative Joule, referring to discipline administered in jails, commented that, "good time gets taken away". He thought that adding time to a jail sentence would qualify as needing a fiscal note. 3:29:18 PM Representative Stoltze WITHDREW his OBJECTION. There being NO further OBJECTION, it was so ordered. HB 343 was REPORTED out of Committee with a "do pass" recommendation and with zero fiscal note # 1 by the Department of Corrections, zero note #2 by the Department of Public Safety, and with new zero fiscal notes by the Department of Law, the Alaska Court System, and the Department of Administration.