HB 20-SEXUAL ASSAULT EXAMINATION KITS  3:42:32 PM CO-CHAIR KREISS-TOMKINS announced that the next order of business would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20, "An Act relating to sexual assault; relating to the definitions of 'without consent' and 'consent'; relating to failure to report a violent crime; relating to sexual misconduct under the code of military justice; requiring law enforcement agencies to test sexual assault examination kits; requiring notification of completion of testing; relating to reports on untested sexual assault examination kits; and providing for an effective date." [Before the committee, adopted as a working document on 3/21/19, was committee substitute (CS) for SSHB 20, Version 31-LS0253\G, Radford, 3/21/19.] 3:43:08 PM REPRESENTATIVE GERAN TARR, Alaska State Legislature, noted that everyone appeared to be on board with the sections of the bill related to rape kits, including the year timeline, sending kits within 30 days, victim notification, and updating of the audit report. She indicated other issues had been added relating to sexual assault in the second degree and the definition of consent - both of which "needed more work." Representative Tarr said because the definition of "without consent" involves the use of force, in the case of an incapacitated person, when jurors do not see evidence of force, they "often don't perceive it as sexual assault." She indicated that an amendment was available that would "make it more clear in those circumstances" and avoid loopholes. She said in a prior meeting there was a discussion about the varying standards regarding "mental state." She said, "The default 'mental state' is reckless disregard." She mentioned "the reasonable person standard." The aforementioned amendment would clean up that language for clarification. In response to Co-Chair Kreiss Tomkins, she mentioned SB 35, heard in the Senate Judiciary Standing Committee, where "this conversation was happening there, too." She indicated that the language of the amendment had been vetted with advocates, as well as with the Department of Law (DOL). She emphasized the importance of clarity of language for the purpose of evaluating the law. 3:48:07 PM REPRESENTATIVE WOOL asked whether "incapacitated" and "mentally incapable" are considered temporary or permanent states. REPRESENTATIVE TARR answered it could be both. REPRESENTATIVE WOOL asked whether incapacitation was considered just on the part of the victim or when both the victim and [the person who assaults him/her] may be incapacitated. REPRESENTATIVE TARR suggested, "It depends on who the defendant is in that particular case." She indicated that human behavior "on both sides" could be a challenge. 3:50:26 PM CO-CHAIR KREISS-TOMKINS opened public testimony on SSHB 20, Version G. 3:50:44 PM KATIE BOTZ testified in support of SSHB 20. She asked the committee not to bog down the bill but to keep it strong. [Due to technical difficulty, part of Ms. Botz' testimony was indiscernible.] She questioned, "How much more does the victim needs to be revictimized?" She asked the committee to show victims that they have value as human beings. 3:52:50 PM KARISA CALLAHAN said she is originally from Montana, and she indicated that is an area that ranks high in the number of sexual assaults; she is an assault survivor. She stated it is important in recovery to have the support of community. She said in the absence of rape test kits, sometimes justice is not possible. She expressed her emotional response to this subject and urged the committee to support HB 20, to bring healing to the community. 3:54:08 PM CARMEN LOWRY, Executive Director, Alaska Network on Domestic Violence and Sexual Assault (ANDVSA), said ANDVSA comprises 24 community-based organizations providing services to victims and their families. She said ANDVSA supports SSHB 20. She expressed appreciation for Representative Tarr's survivor- centered approach to addressing sexual assault kit processes and backlogged kits. She said, "This bill represents very solid, trauma-informed processes." She said the specification of a timeline when victims will hear back regarding the kits is critical. She said giving reasons for untested kits is important, because "every kit represents a victim." She encouraged the committee's "favorable consideration" of SSHB 20. 3:57:18 PM CARLY WELLS testified that she works with sexual assault victims in Alaska. She emphasized that passing SSHB 20 was "powerful and necessary." She reviewed that Alaska is the highest in the nation for sexual assault. She stated, "We're in the middle of an epidemic." She said the healing journey of victims is a long and difficult one, and the proposed legislation would "give some level of dignity back to them" by providing a timeline as to when kits will be tested. Another consideration, she relayed, is that a shorter timeline will prevent victims from getting a call four or five years in the future that can "seriously derail them in their journey." She indicated that the cost of testing the kits is not great, and doing so shows the state cares about these victims and getting answers for them in a reasonable amount of time to give them back their dignity. She concluded, "As someone who hears their stories day in and day out, I can tell you this bill is not just necessary but is incredibly needed in our state." 3:58:46 PM LEIGH BOLIN, President, National Association of Social Workers (NASW) - AK Chapter; Manager, Child Advocacy Center of Bristol Bay, thanked the bill sponsor for her leadership in addressing sexual assault processes with a trauma-informed approach. She said she appreciates the timeframe specified under SSHB 20. She specified the following language in Section 11, which read: * Sec. 11. AS 44.41.070 is amended by adding a new subsection to read: (e) A sexual assault examination kit is ineligible for testing if the law enforcement agency or state department finds that the sexual assault examination kit (1) was collected improperly; (2) is not necessary to identify the perpetrator of the crime; or (3) was collected from a person who does not wish to proceed with criminal charges. MS. BOLIN offered her understanding that children "are not allowed to do anonymous kits or say they don't want to proceed"; therefore, she said it is important to specify that in the bill language. 4:00:24 PM KEELEY OLSON, Executive Director, Standing Together Against Rape (STAR), testified in support of SSHB 20. She thanked the committee for its support of the proposed legislation. Regarding language referencing mental state, she said, "Removing that does make everything clearer; it changes to a default of acting recklessly or with reckless disregard." She said this is important, because it would make it more difficult for an offender to claim that he/she did not know that the victim was incapacitated. It would give more tools to the prosecution and to a sitting jury to evaluate the evidence and decide whether the perpetrator should have known - which is not the current standard. 4:02:16 PM ANGILIA TRUJILLO said she is a forensic examiner, who is testifying on her own behalf. She said she agrees with the previous testifier's remarks about specifying in the bill language that minors do not have the option to have their rape kits remain anonymous. She said she concurs with the issue regarding the mental state and incapacitation, and she believes the bill will "strengthen the ability of the trier of facts to come to a more judicial accounting for the (indisc.) to come forward." She said as a prior examiner, she has seen cases that could not go forward, which put victims in "a state of not knowing where they're going to go" and finding themselves having to revisit the trauma 12 to 15 years later. She said she hopes SSHB 20 will pass. 4:04:09 PM PATTY OWEN, Director, Alaska Public Health Association (APHA), stated that domestic violence and sexual assault are primary issues in Alaska that are the focus of APHA. She stated that APHA supports SSHB 20 and thanks Representative Tarr for her leadership. She related that APHA responds to this public health challenge and supports the efforts, policies, and programming embraced by the following: the Council on Domestic Violence and Sexual Assault (CDVSA); ANDVSA; and the Alaska Native Women's Resource Center. She stated that APHA believes that under SSHB 20, the backlog of sexual assault kits will be addressed, and kits will be processed in a timely manner. She said, "We agree with the changes that have been outlined." 4:06:36 PM DIANE CASTRO, Executive Director, Council on Domestic Violence and Sexual Assault (CDVSA), testified that CDVSA supports the concept of SSHB 20. She explained that CDVSA comprises the Department of Corrections (DOC), the Department of Public Safety (DPS), the Department of Education & Early Development (DEED), the Department of Health and Social Services (DHSS), the Department of Law (DOL), and four public members who meet only quarterly; therefore, it is difficult to come out in full support of legislation, because there are amendments that could occur. Notwithstanding that, she said CDVSA met in March [2019] and agrees that revising the language of SSHB 20, as the previously discussed amendment would do, would be "a good step forward." She said CDVSA believes that strengthening the consistency and timing of testing will increase the number of victims who come forward to report, because they would be surer that something would be done. She talked about working toward the reduction and eventual elimination of domestic violence and assault, and she said SSHB 20 "takes us one step forward in that direction." 4:09:21 PM REPRESENTATIVE WOOL stated support for SSHB 20, [Version G]. 3:09:40 PM REPRESENTATIVE STORY mentioned "Section 4" and referred to language in [the sectional analysis] regarding "reasonable effort" being made to notify the victim that testing has occurred. She inquired as to the definition of "reasonable effort." 4:10:20 PM REPRESENTATIVE TARR said the choice of the word "reasonable" was to allow flexibility for the types of communication available to law enforcement around the state. REPRESENTATIVE STORY recollected that one of the previous testifiers had expressed a hope that the communication could happen sooner than one year. She offered her understanding that it would cost approximately $600,000 to "speed up the time." REPRESENTATIVE TARR answered yes, but explained that amount also covered funding for the database. She said the first priority would be to use any funds available to shorten the timeline. She indicated that the portion of the $600,000 allotted to the timeline would be $440,000. She said it would be up to the finance committees to determine the prioritization of funds. She related that the Joyful Heart Foundation would like states to reduce the time down to 30 days. That said, she noted that the time used to be 18 months, so progress is being made and must continue. She said she attended a banquet during National Crime Victims Week, and she questions whether people are getting the justice they deserve when they have to wait so long. She stated, "I just don't know if there's the will of the legislature to go to the six-month deadline this year." REPRESENTATIVE STORY expressed appreciation to the bill sponsor for continuing the effort to reduce the timeline and for bringing forward SSHB 20. REPRESENTATIVE TARR said unfortunately some individuals are "serial sexual assaulters," and "when we don't move quickly, we allow dangerous people to be out in our community potentially committing more crimes." 4:15:23 PM CO-CHAIR FIELDS moved to adopt Amendment 1 to Version G of SSHB 20, labeled 31-LS0253\G.1, Radford, 4/17/19, which read as follows: Page 1, line 14, through page 2, line 3: Delete all material and insert: "(3) the offender engages in sexual penetration with another person  (A) who [THE OFFENDER KNOWS] is mentally incapable; and (B) who is in the offender's care" Page 2, lines 7 - 8: Delete "when [WHO] the offender knows or  recklessly disregards that the person" Insert "who [THE OFFENDER KNOWS]" Page 2, lines 17 - 20: Delete all material and insert: "(2) the offender engages in sexual contact with a person  (A) who [THE OFFENDER KNOWS] is mentally incapable; and (B) who is in the offender's care" Page 2, lines 24 - 25: Delete "when [WHO] the offender knows or  recklessly disregards that the person" Insert "who [THE OFFENDER KNOWS]" Page 2, lines 29 - 30: Delete "when [WHO] the offender knows or  recklessly disregards that the person" Insert "who [THE OFFENDER KNOWS]" Page 3, lines 7 - 8: Delete "when [WHO] the offender knows or  recklessly disregards that the person" Insert "who [THE OFFENDER KNOWS]" Page 4, line 16: Delete "person" Insert "victim" 4:15:35 PM CO-CHAIR KREISS-TOMKINS announced that there being no objection, Amendment 1 was adopted. 4:15:46 PM CO-CHAIR FIELDS moved to report CSSSHB 20, Version 31-LS0253\G, Radford, 3/21/19, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection CSSSHB 20(STA) was reported from the House State Affairs Standing Committee.