SB 110-HUMAN TRAFFICKING/SEX OFFENSES  2:05:47 PM CHAIR FRENCH announced the consideration of SB 110 and asked for a motion to adopt the proposed committee substitute (CS). SENATOR WIELECHOWSKI moved to adopt the CS for SB 110, labeled 27-LS0646\X, as the working document. CHAIR FRENCH announced that without objection, version X was before the committee. 2:07:05 PM KENDRA KLOSTER, staff to Senator Bill Wielechowski, explained that version X combined provisions of SB 110 and SB 218. She said that sections 1, 2, 11-15, 17, 20-29 were conforming amendments to change the term "prohibiting prostitution" to "sex trafficking." The change in terminology was part of SB 218. Section 3 was part of SB 218. It adds the crime of human trafficking in the first degree and sex trafficking in the first degree to felonies described under "most serious felony offenses." CHAIR FRENCH asked Ms. Carpeneti the meaning of "serious felony offense." ANNE CARPENETI, Assistant Attorney General, Criminal Division, Department of Law (DOL), explained that the crimes described as serious felony offense are the ones that are subject to conspiracy prosecution. MS. KLOSTER said sections 4-8 were part of SB 110. [Section 4 adds new Sec. 11.41.355. Human trafficking in the first degree would be an unclassified felony and apply to persons under age 18.] Section 5 [amends AS 11.41.360(a)] and would apply to persons over age 18. It removes the phrase "come to this state to" so that it addresses human trafficking both across state lines and within the state. 2:09:49 PM CHAIR FRENCH said the committee struggled to define movement and finally decided that the idea of geography did not play in as strongly as the act of forcing someone to engage in sexual conduct, adult entertainment, or labor by force, threat of force, or deception. Compelling someone to cross the street to engage in sexual conduct is trafficking. SENATOR COGHILL asked if, because of kidnapping, there would still be some application in Section 3 under AS 11.31.120. MS. CARPENETI explained that the bill provides that human trafficking in the first degree, an unclassified felony, would be subject to conspiracy prosecution. It would depend on the facts whether it would also be a kidnapping offense, but kidnapping is an offense under the conspiracy law. SENATOR COGHILL said he wanted to make sure that Section 5 would apply to someone lured from a village under false pretense. CHAIR FRENCH responded that that was the intention, and asked Ms. Carpeneti if that would be covered by Section 5. MS. CARPENETI answered yes, but the current draft did not require movement of a person from a village to Anchorage, for example, as an element of the offense. It does require the other elements of the offense, which is to compel or induce another person to engage in the conduct by use of force, threat of force, or deception. SENATOR PASKVAN pointed out that conspiracy takes two or more persons, and asked if it would still be a violation of human trafficking if one person were to induce or coerce another person. MS. CARPENETI replied it could be a violation of human trafficking, but it would not be conspiracy because that takes two or more people agreeing and one person acting. SENATOR PASKVAN said he did not want to create an exception if a person acted alone. CHAIR FRENCH clarified that Section 3 said the listed offenses could be conspiracy. 2:13:32 PM MS. CARPENETI added that the crimes listed were all very serious offenses that could be subject to the conspiracy law. SENATOR PASKVAN said he understood, but wanted the record to be clear. CHAIR FRENCH said it's worth taking time to articulate the intent. 2:14:05 PM MS. KLOSTER said Section 6 was part of the original SB 110. [It amends AS 11.41.360(c)] to make human trafficking in the second degree a class A felony. Section 7 was from SB 110. [It amends AS 11.41.365 to make human trafficking in the third degree a class B felony.] Section 8 [amends AS 11.41.370] and defines "adult entertainment" and "sexual conduct." Section 9 was in the original SB 218. It raises the penalty for a patron of prostitution from a class B misdemeanor to a class C felony. Sections 9 and 10 also add an affirmative defense, which was not in the original bill. MS. CARPENETI added that it raises the penalty for being a patron of a prostitute to a class C felony if the prostitute is under age 18, or the patron is age 18 or older and at least three years older than the prostitute is. Under other circumstances, the offense is still a class B misdemeanor. The affirmative defense of reasonable mistake of age would apply if the defendant took reasonable steps to verify the age of the prostitute. CHAIR FRENCH asked the reasoning behind the age differential in Section 10. Prostitution is a class B misdemeanor unless the defendant is over age 18 and at least three years older than the prostitute. MS. CARPENETI related that the reason for the age differential is the same as in the sexual abuse of a minor statute. An older person generally has more influence and power over a teen, making it easier to induce the teen to engage in certain conduct. 2:17:04 PM SENATOR COGHILL asked if it was previously a crime to be a patron of prostitution. MS. CARPENETI replied it became a crime to be a patron of a prostitute in 2007. This is an improvement because the age differential makes a big difference for a young victim. MS. KLOSTER said sections 11-15 change the term "promoting prostitution" to "sex trafficking." Section 16 adds the crime of sex trafficking in the fourth degree to those crimes that do not require corroboration of testimony. Section 17 amends AS 11.81.250(a) changing the term "promoting prostitution" to "sex trafficking," and adding the crime of "human trafficking in the first degree under AS 11.41.355." Section 18 adds the crime of "sex trafficking in the first degree under AS 11.66.110(a)(2)" to AS 11.81.250(b). This provision was previously in SB 218. 2:20:08 PM MS. CARPENETI suggested the committee add human trafficking in the first degree to Section 18, because it is an unclassified felony under this bill. 2:20:53 PM CHAIR FRENCH moved Conceptual Amendment 1. Conceptual Amendment 1  Page 8, line 24: Following "AS 11.66.110(a)(2)," Insert "human trafficking in the first degree," SENATOR WIELECHOWSKI questioned the wisdom of stating the exact location of the phrase. CHAIR FRENCH said he was open to reasonable accommodation if the drafter wanted to place it elsewhere within Section 18. Finding no objection, he announced that Conceptual Amendment 1 was adopted. 2:23:00 PM MS. KLOSTER said Section 19 amends AS 12.55.035(b) changing the term "promoting prostitution" to "sex trafficking," and adding the crime of "human trafficking in the first degree under AS 11.41.355" to subsection (b)(1). [Section 20 amends AS 12.55.085(f) adding AS 11.41.355 - AS 11.41.365 to the list of violations in subsection (f)(1).] MS. CARPENETI clarified that this adds human trafficking to those crimes that do not qualify for a suspended imposition of sentence (SIS). MS. KLOSTER said Section 21 [amends AS 12.55.125] changing the term "promoting prostitution" to "sex trafficking," and adding the crime of "human trafficking in the first degree under AS 11.41.355." CHAIR FRENCH directed attention to page 10, line 23, and questioned why in this section human trafficking was modified by the phrase "involving sexual conduct or adult entertainment." 2:24:12 PM MS. CARPENETI explained that AS 12.55.125(i) deals with heightened sentencing ranges for certain serious sex offenses. Sexual conduct or adult entertainment probably was specified so as to not import labor into these higher ranges, because it is not really a sex offense. CHAIR FRENCH summarized that while there is a law against bringing someone to a fish plant, for example, to perform simple labor, it is not a sex crime. MS. CARPENETI said that is correct, and it should not be subject to the sentencing ranges for serious sex offense. 2:25:24 PM CHAIR FRENCH asked for an explanation of the provision in Section 21 on page 11, lines 22-24. MS. CARPENETI explained that the idea was the same as paragraph (2). It adds "attempt, conspiracy, or solicitation to commit human trafficking in the second degree" so as to not include labor in the heightened ranges for sex offenses. SENATOR COGHILL asked if conspiracy or solicitation becomes the key element. MS. CARPENETI explained that human trafficking under AS 11.41.360 is the target offense and a class A felony, but subsection (i)(3) deals generally with class B felonies. "Attempt, conspiracy, or solicitation to commit human trafficking in the second degree under AS 11.41.360 involving sexual conduct or adult entertainment," was added to the other class B felonies in paragraph (3) within the larger group of sex offenses, which are subject to a higher range under the law. 2:27:43 PM MS. KLOSTER said Section 22 changes the term "promoting prostitution" to "sex trafficking," and adds "online enticement of a minor under AS 11.41.452(e)" as a most serious felony. MS. CARPENETI explained that Section 23 corrects omissions made when the sentencing law was changed several years ago. The crimes of "human trafficking in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2)," "online enticement of a minor," and "human trafficking in the second degree involving sexual conduct or adult entertainment" were added to the definition of "sexual felony" under AS 12.55.185(16). MS. KLOSTER said Section 24 adds "human trafficking in the first degree under AS 11.41.355" and "sex trafficking in the first degree under AS 11.66.110(a)(2) to the definition of "sex offense" under AS 12.63.100(6). Section 25 changes the term "promoting prostitution" to "sex trafficking," and adds "human trafficking" to AS 15.80.010(9). Section 26 changes the term "promoting prostitution" to "sex trafficking," and adds "human trafficking in the first degree under AS 11.41.355 and human trafficking in the second degree involving sexual conduct or adult entertainment" to AS 28.15.046(c) MS. CARPENETI noted that the provisions added to AS 28.15.046 included those offenses that preclude a person from being a school bus driver. MS. KLOSTER said Section 27 changes the term "promoting prostitution" to "sex trafficking," and adds "human trafficking in the first degree under AS 11.41.355" to AS 47.12.110(d). MS. CARPENETI added that, in part, this section deals with the public release of information about a delinquent minor. Section 28 is a similar conforming amendment that deals with public release of agency records for juveniles. 2:31:06 PM SENATOR WIELECHOWSKI, speaking as the sponsor of SB 110, explained that Section 29 repeals AS 11.41.360(b)(1) and AS 11.41.360(b)(3) because the definitions of "adult entertainment" and "sexual conduct" are included elsewhere in the bill. CHAIR FRENCH noted that both definitions were included in Section 8. MS. CARPENETI said Section 30 is the applicability section. The bill is generally applicable to crimes committed before, on or after the effective date, but to avoid constitutional concerns with ex post facto laws, the bill applies on or after the effective date for the new crimes. Section 31 has instruction to the revisor of statutes to change the catch lines and titles for certain crimes from "promoting prostitution" to "sex trafficking." Section 32 has an effective date of July 1, 2012. 2:34:18 PM CHAIR FRENCH opined that SB 110 was largely a revisor's bill that included a lot of what was in the Governor's sex trafficking bill, SB 218. Senator Wielechowski filed his bill last year. SENATOR WIELECHOWSKI moved to report CS for SB 110, version X as amended, from committee with individual recommendations and attached fiscal note(s). 2:35:14 PM SENATOR COGHILL objected to comment that the policy statement was good, but he had lingering questions about how it would land in process and whether it would work for people moved within the state. He removed his objection. CHAIR FRENCH encouraged him to talk to DOL or come by his office for a chat about how this would work. He said not many people go to prison under these laws, but everyone recognizes that these are important tools to have available. It is wrong if even one girl is moved across town or across the state to engage in sex trafficking. 2:36:41 PM SENATOR WIELECHOWSKI said the original intention was to change the statute to eliminate discrimination against Alaskans. Currently, it is a serious felony to move someone across state lines to engage in sex trafficking, but it is not a similar trafficking crime to move someone within the state for the same purpose. SB 110 attempts to address this disparity. He offered to work with the department or other committees as the bill moves forward. CHAIR FRENCH announced that without objection CSSB 110(JUD) moved from the Senate Judiciary Standing Committee.