HB 67-HARASSMENT; SEX OFFENDERS & OFFENSES  1:33:38 PM CHAIR VANCE announced that the first order of business would be HOUSE BILL NO. 67, "An Act relating to criminal law and procedure; relating to the crime of stalking; relating to consecutive sentencing for violation of conditions of release; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; amending the definition of 'crime involving domestic violence'; relating to multidisciplinary child protection teams; amending Rule 6(r), Alaska Rules of Criminal Procedure; and providing for an effective date." 1:34:08 PM ANGIE KEMP, Director, Criminal Division, Department of Law (DOL), on behalf of the House Rules Standing Committee, sponsor by request of the governor, gave an overview of HB 67. She paraphrased the document, titled "Domestic Violence/Sex Offenses Highlights" [included in the committee packet], which read as follows [original punctuation provided]: • Decreases trauma of the justice system to victims  and witnesses at Grand Jury and streamlines the  process: allow key witnesses, typically the officer in the case, to summarize the testimony of other witnesses. o Makes System Less Traumatizing to Victims: Reduces the trauma to the victim who would otherwise have to physically appear at the grand jury, sometimes mere days after being victimized, and re-tell their experience. o Makes The Process More Efficient: will also assist with the backlog created when grand juries were suspended due to COVID-19. ? More than 30 other jurisdictions allow similar process. ? The rules of evidence still apply at trial, therefore, witnesses would need to be available for trial. • Updates Alaska's sex offender registration  o Prevents out-of-state convicted sex offenders from avoiding registration requirements: will require sex offenders to register in Alaska if they are required to register in the convicting state. ? Out of state offenders seek out Alaska to avoid registration requirements. ? Alaska will no longer be seen as a haven for sex offenders to avoid registration. o Additional information to the Department of Public Safety: aligns Alaska's sex offender registration more closely with the federal registration by requiring sex offenders to provide the Department of Public Safety with additional information (travel plans, professional licensing information, temporary lodging information, and passport information). Such information is important to better monitor these offenders. Updates Stalking in the first degree.  o Makes stalking, while the victim has a stalking protective order, the crime of stalking in the first degree. ? Currently a violation of a stalking protective order would only be covered under stalking in the second degree (a misdemeanor). o Stalking in the first degree already includes violations of other protective orders like domestic violence protective orders. • Protects children.  o Allows qualified individuals to interview children under 13 who engage in sexual acts together. ? Allows children access to age-appropriate services. ? Will assist in the understanding of why children under 13 have engaged in sexual behavior. ? Protects potential victims and curbs potential future sexual misconduct. • Consecutive sentencing for repeat violating  conditions of release convictions.  o This bill requires some additional jail time be imposed for each conviction for the crime of violation of conditions of release. ? Defendants often repeatedly violate their conditions of release, resulting in multiple charges of "violation of conditions of release." This provision requires some additional time be imposed for each offense.  ? Expands the definition of domestic violence and   a crime of domestic violence.  o Expands the list of crimes to include: ? Interfering with a report of a crime involving domestic violence; and ? Unlawful contact. 1:40:25 PM MS. KEMP described how a case proceeds through the 18-member grand jury. She explained that when an arrest is made, the prosecutor is obligated to present the case to grand jury within 10 days. The evidence presented must establish probable cause. She shared an anecdotal example involving a 14-year-old girl who was violently raped, and within seven days of the offense, required to testify before the grand jury and relive the most traumatic moment of her life. She said the proposed legislation was designed to reduce unnecessary stress and revictimization. She further noted that the level of proof required at a grand jury presentation in Alaska surpasses that of 30 other states. By allowing a witness to summarize admissible testimony, she believed that the bill would go a long way in preserving due process of the defendant and drawing a healthier balance between the victim and witness's rights. 1:45:34 PM CHAIR VANCE sought questions from committee members. 1:46:05 PM REPRESENTATIVE GRAY asked whether the bill would make Alaska consistent with other states. MS. KEMP replied that there are different gradations [of hearsay laws] in other states. REPRESENTATIVE GRAY asked Ms. Kemp to provide a list of the states that this law would emulate. MS. KEMP offered to follow up with the requested information. 1:47:50 PM REPRESENTATIVE C. JOHNSON asked whether the requirement that a witness must appear in person is provided in statute or court rules. MS. KEMP answered court rules, not statute. REPRESENTATIVE C. JOHNSON said it seemed as though court rules were writing statute in this instance. 1:49:04 PM REPRESENTATIVE CARPENTER asked for verification that court rules were guiding the state's hearsay policy. MS. KEMP answered yes. REPRESENTATIVE CARPENTER asked whether the court was limiting the information that can be presented to the grand jury or limiting what can be used in an indictment. MS. KEMP said both. The rule prevents the use of hearsay unless there is an exception to court rules or a compelling justification to introduce it. REPRESENTATIVE CARPENTER sought to confirm that the grand jury had a constitutional obligation to investigate crime and the court rules were preventing certain information being presented to the grand jury. 1:51:53 PM REPRESENTATIVE GROH asked whether Ms. Kemp would agree that in fashioning the court rules, the court system was trying to follow various court decisions and constitutional doctrines. MS. KEMP answered yes, the court system was charged with evaluating intent and assessing against constitutional requirements. 1:53:26 PM CHAIR VANCE opened public testimony on HB 67. 1:53:46 PM ERIN WALKER-TOLLES, Executive Director, Catholic Community Services, testified in support of HB 67. She expressed support for HB 67 and its focus on avoiding the re-traumatization children and victims of sexual assault; specifically, the provision that would preclude children from testifying in front of the grand jury. 1:55:47 PM KATI COPOZZI, representing self, testified in support of HB 67. Specifically, she said she supported the provision that would preclude victims from testifying in front of the grand jury to answer questions about the crime they were victimized by. 1:57:51 PM BRENDA STANFILL, Executive Director, Alaska Network on Domestic Violence and Sexual Assault, testified in support of HB 67. She anecdotally reported on the impact of the grand jury, specifically on victims, and the hurtle it presents in moving cases forward. She encouraged the committee to pass the bill. 2:00:17 PM KEELEY OLSON, Executive Director, Standing Together Against Rape, testified in support of HB 67. She expressed support for the provision that would preclude victims from testifying in front of the grand jury. She highlighted the difficulty it presents when victims are transient and difficult to find a hurtle that is often taken advantage of by offenders. 2:03:08 PM STACI YATES, Director of Human Trafficking Recovery Services, My House, testified in support of HB 67. She said Alaska's criminal justice system is in desperate need of reform because it revictimizes and retraumatizes victims who have suffered enough. She characterized the requirement to testify before grand jury as cruel and inhumane. 2:05:24 PM BETTY JO MOORE, representing self, testified in support of HB 67 with proposed edits. She suggested that the bill should address Alaska Court Rules 303, 403, 404, 801, and 803. She referenced Supreme Court Order (SCO) 1993 [Amending Criminal Rule 6 and Criminal Rule 6.1 concerning grand jury], and AS 12.40.030 in addition to hearsay. 2:07:48 PM ADRIENNE BERGONZINI, representing self, testified in support of HB 67, as a concerned mother who endured losing a child to a human trafficker. 2:08:44 PM THOMAS GARBER, representing self, testified during the hearing on HB 67. He referenced SCO 1993, indicating that it was "infringing some information from coming before a grand jury outside of the prosecutor's realm." 2:09:25 PM CORELLA BAGGEN, representing self, testified in support of HB 67. She shared a personal anecdote involving the brutal torture, rape, and murder of her sister by a transient individual. She urged the legislature to help protect Alaska's innocent and victimized by closing the loophole in current law that makes the state a place where sex offenders can avoid registration. She opined that the bill would do more to support victims than any other action the legislature could take. 2:11:08 PM ED MARTIN, representing self, testified in support of HB 67 with amendments to the provision regarding admissible evidence. He said he firmly supported the portion related to the sex offender registry and stalking; however, he opined that a prosecuting attorney needs more than "belief," and that evidence should be brought before the grand jury. 2:13:45 PM JESSICA VAUDREUIL, representing self, testified during the hearing on HB 67. Shared a personal anecdote about a registered sex offender in her community, asserting that the state was not letting him move on after serving his time. 2:16:33 PM SUKI MILLER, Executive Director, Victims for Justice, testified in support of HB 67. Specifically, she expressed support for the provision that would repeal the court rule requiring victims from to testify in front of the grand jury. She said the bill would greatly reduce the stress and trauma Alaska crime victims are forced to experience, while making the criminal justice system more compassionate, fair, rational, and efficient. CHAIR VANCE closed public testimony on HB 67. 2:18:26 PM REPRESENTATIVE CARPENTER moved to adopt Amendment 1 to HB 67, labeled 33-GH1031\A.11, C. Radford, 2/3/24, which read: Page 2, line 2: Delete "sec. 12" Insert "sec. 13" Page 2, following line 28: Insert a new bill section to read:  "* Sec. 3. AS 12.45.045(a) is amended to read: (a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse of a minor in any degree, unlawful exploitation of a minor, sex  trafficking in any degree, or an attempt to commit any of these crimes, evidence of the sexual conduct of the complaining witness, occurring either before or after the offense charged, may not be admitted nor may reference be made to it in the presence of the jury except as provided in this section. When the defendant seeks to admit the evidence for any purpose, the defendant shall apply for an order of the court not later than five days before trial or at a later time as the court may, for good cause, permit. The defendant may, for good cause shown, apply for an order during trial if the request is based on information learned after the deadline or during the trial. After the application is made, the court shall conduct a hearing in camera to determine the admissibility of the evidence. If the court finds that evidence offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and that the probative value of the evidence offered is not outweighed by the probability that its admission will create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the complaining witness, the court shall make an order stating what evidence may be introduced and the nature of the questions that may be permitted. The defendant may then offer evidence under the order of the court." Renumber the following bill sections accordingly. Page 8, line 12: Delete "20" Insert "21 [20]" Page 9, line 16: Delete "20" Insert "21 [20]" Page 13, line 2: Delete "sec. 3" Insert "sec. 4" Page 13, lines 2 - 3: Delete "sec. 9" Insert "sec. 10" Page 13, line 5: Delete "sec. 4" Insert "sec. 5" Delete "sec. 5" Insert "sec. 6" Page 13, line 6: Delete "sec. 6" Insert "sec. 7" Page 13, line 9: Delete "sec. 7" Insert "sec. 8" Page 13, line 13: Delete "sec. 7" Insert "sec. 8" Page 13, line 16: Delete "sec. 8" Insert "sec. 9" Page 13, line 18: Delete "sec. 12" Insert "sec. 13" Page 13, line 24: Delete "sec. 12" in both places Insert "sec. 13" in both places Page 13, line 26: Delete "2023" Insert "2024" CHAIR VANCE objected for the purpose of discussion. 2:18:46 PM ROBERT BALLINGER, Staff, Representative Sarah Vance, Alaska State Legislature, on behalf of Representative Vance, explained that Amendment 1 would add sex trafficking to the list of crimes included in the rape shield law. It would also change the age from 20 to 21 for the designation of a sex crime on page 8 and 9, in addition to changing the effective date. 2:20:34 PM REPRESENTATIVE GRAY questioned the change in age from 20 to 21. MR. BALLINGER directed attention to page 8, line 12 of the bill, and explained that should the amendment pass, inducing or causing a person under the age of 21 to engage in prostitution would qualify as a sex offense. CHAIR VANCE removed her objection. There being no further objection, Amendment 1 was adopted. She announced that HB 67 would be held over.