SB 35-CRIMES;SEX CRIMES;SENTENCING; PAROLE  2:42:07 PM CHAIR HUGHES reconvened the meeting and announced that the final order of business would be SENATE BILL NO. 35, "An Act eliminating marriage as a defense to certain crimes of sexual assault; relating to enticement of a minor; relating to harassment in the first degree; relating to harassment in the second degree; relating to indecent viewing or production of a picture; relating to the definition of 'sexual contact'; relating to assault in the second degree; relating to sentencing; relating to prior convictions; relating to the definition of 'most serious felony'; relating to the definition of 'sexual felony'; relating to the duty of a sex offender or child kidnapper to register; relating to eligibility for discretionary parole; and providing for an effective date." 2:42:59 PM KEVIN CLARKSON, Attorney General Designee, Department of Law (DOL), related that SB 35 addresses the disturbing rates of sexual assault. He said that Alaska Native females have the highest victimization rate of any gender or racial group, comprising 42 percent of sexual assault victims in Alaska. He reported sexual assault statistics, such that the median age of victims is 19 years old, the most common age is 15 years old, and most victims know their offenders. In fact, only 2.5 percent of offenders were strangers, which drops to 0.3 percent for victims under the age of 18. This means that young Alaskan women are being assaulted by men that they knew. 2:44:38 PM COMMISSIONER DESIGNEE CLARKSON explained that SB 35 would address sexual offenses in Alaska. First, it would fill the gap such as the one in the Justin Schneider case. He said this bill is similar to SB 12, since the loopholes in the law allowed Justin Schneider to receive punishment well below what many public members believe he should have received. He reviewed bulleted points in the document in members packets titled, "SB 35 Sex Offenses Highlights," and made comments. • Unwanted Contact with Semen - Amends the definition of "sexual contact" to include contact with semen making unwanted contact with semen a sex offense. COMMISSIONER DESIGNEE CLARKSON said the new law would allow the court to require sex offender treatment, sex offender registration, and would increase the penalty for the first offense from 30 days to 2-12 years. • Strangulation Sentencing - Creates an enhanced sentencing structure for assault in the second degree thus increasing the sentencing range for strangulation from 0-2 to 1-3 years. He said that SB 35 would eliminate credit for pretrial monitoring against the ultimate sentence. Unlike Justin Schneider, who spent so much time on electronic monitoring pre- trial that he did not serve prison time, this bill would eliminate that possibility. COMMISSIONER DESIGNEE CLARKSON said that SB 35 would strengthen sex offense laws by increasing penalties for sexual predators who target children. • Sexual Abuse of a Minor Sentencing - Makes sexual abuse of a minor in the third degree a sexual felony when there is a 6-year age difference, thus increasing the sentencing range from 0-2 to 2-12 years He said the penalty is unchanged for sexual abuse of a minor if the age difference is only 4-5 years and the victim is 13,14, or 15 years old. • Soliciting Sex from A Minor - Deletes "online" from the crime of "online enticement of a minor" making any solicitation of a minor for sex a B felony. COMMISSIONER DESIGNEE CLARKSON said that SB 35 would make solicitation of a minor a felony in all circumstances. This bill would make it illegal to ask a child to engage in sexual conduct, regardless of the method of communication, whether it is a note, a call, an in-person conversation, or any other means. Current law only makes it crime to solicit via a computer. This will fill in gaps, he said. • Indecent Viewing - Makes indecent viewing or production of a picture of a child a registerable sex offense. This conduct will also be sentenced as a sexual felony. Conduct involving the production of a picture of an adult would be a registerable sex offense but sentenced as a regular class C felony. COMMISSIONER DESIGNEE CLARKSON offered an example of indecent viewing, when a person places a camera in a place where the child is unaware the viewing is occurring and does not give consent to being photographed. 2:47:27 PM COMMISSIONER DESIGNEE CLARKSON explained that under existing law, someone who is required to register as a sex offender outside of Alaska only must register in Alaska if the sex offense matches the sex crime in Alaska. Under the bill, if the offender is required to register in another state, the offender is required to register in Alaska. • Out of State Sex Offender Registration - Requires anyone convicted of a registerable sex offense in another state to register in Alaska if they are present in the Alaska. COMMISSIONER DESIGNEE CLARKSON reviewed presumptive sentencing: • Presumptive Sex Offense Sentencing - Clarifies that any prior felony counts as a prior felony for presumptive sentencing purposes in sex cases. This means prior felonies, even when they are a non-sex felony, trigger an increased presumptive range for a sex offense. Additional highlights included: • Unwanted Images of Genitalia - Makes repeatedly sending unsolicited and unwanted images of genitalia to another person harassment in the second degree (B misdemeanor). • Sex Offender Parole Eligibility - Clarifies that sex offenders who are ineligible for good time credit are also ineligible for discretionary parole. • Marriage Defense to Sexual Assault - Repeals marriage as a defense to sexual assault except in cases where there is consent and the conduct is illegal due to the nature of the relationship but-for the marriage (probation officer/probationer, peace officer/person in custody, DJJ officer/person 18 or 19 an under the jurisdiction of the Division of Juvenile Justice). COMMISSIONER DESIGNEE CLARKSON said that the governor's crime package would reset the stage. The state needs to better its efforts to protect Alaska's women and children from sexual assault. 2:48:32 PM AMANDA PRICE, Commissioner Designee, Department of Public Safety, Anchorage, testified in support of SB 35. She said that this is a difficult conversation. She thanked the committee and the public for engaging in the process. She said that the culture that surrounds sexual violence in the state needs to change. She said that this sends a clear message that the state is changing the culture. COMMISSIONER DESIGNEE PRICE said that Alaska has unacceptably high rates of sexual violence. Alaska's rates far exceed rates in other states. The crime of sexual violence does not know any boundary. Certain races are disproportionately impacted; however, no socioeconomic group, or any ethnicity is not impacted by sexual violence. This bill would strengthen public safety in Alaska by closing loopholes, but it also ensures that Alaska is not a state where registered sex offenders can escape the knowledge of their crimes by moving to Alaska. 2:51:00 PM COMMISSIONER DESIGNEE PRICE related statistics, stating that the department receives and fields between 8-10 calls per month from individuals inquiring if they would need to register as a sex offender if they move to Alaska. She said that data is critical for members to understand. She interpreted the data to mean that registered sex offenders were actively looking for a state that they may not need to register. COMMISSIONER DESIGNEE PRICE said the bill identifies ways victims can be hurt today and it criminalizes that conduct, for example, unsolicited and unwanted photographs of genitalia. SB 35 gives victims a mechanism to engage with law enforcement and the state the opportunity to provide protection. She said that the statistics of crime against children show how these crimes devastate our communities. She said that this bill would enhance protections for Alaskans by giving law enforcement tools necessary to intervene, support, and improve public safety through its communities. For example, SB 35 would introduce a new crime of enticement of a minor. This responds to the reality that Alaskan children are enticed by predators in all arenas, not just online. She stated that this language will allow law enforcement to intervene before a child is hurt. The Department of Public Safety (DPS) emphatically supports SB 35. The department acknowledges the governor's commitment to respond to and prevent crimes of sexual assault and abuse, holding those offenders accountable and strongly believes that this bill will support and improve public safety. 2:53:53 PM NANCY DAHLSTROM, Commissioner Designee, Department of Corrections, Anchorage, introduced herself as a member of the public safety team. 2:54:15 PM SENATOR REINBOLD said that she supports this bill. She said she did not support Walt Monegan, the former DPS commissioner, during his confirmation because he indicated only one percent of rapists in Alaska are convicted, but he did not offer any solutions. She said that she asked some victims and prosecutors the reasons they did not pursue their cases. She recalled that they expressed concern that graphic photographs would be shown in the courtroom. She wanted to make sure women can press charges and be protected. She raised the issue of penalties for police officers engaging in sexual contact with persons in their custody, which was raised earlier, which is a big issue in her community. She expressed concern that cases are dropped due to a lack of integrity in the state's crime lab and referenced the scathing audit of the lab. She said she did not understand why the sexual assault/rape kits were not being processed. 2:57:18 PM SENATOR REINBOLD expressed concern that women have no place to escape due to an insufficient number of shelters. She offered her interest in strengthening sex trafficking laws and her willingness to work with agencies, nonprofits, and the public on these issues. 2:58:39 PM SENATOR MICCICHE asked Mr. Clarkson for clarification on underage minors not giving consent for photos. He offered his belief that underage minors cannot give consent. 2:59:19 PM MR. SKIDMORE answered that the crime of indecent viewing sets up conditions for ages of consent. This language states that a person under the age of 16 must have parental consent but the person over the age of 13 must also consent. He explained that there is an overlap of ages 13-15, in which both the parent and child must consent. He said that parents must consent to photographs for those under the age of 13. He acknowledged that for the crime of sexual abuse of a minor, people under a certain age cannot consent. 3:00:37 PM SENATOR MICCICHE remarked that he needs more time to discuss this because it seemed troubling. CHAIR HUGHES agreed it seemed troubling for a parent to give consent for a 13-year-old to have that type of photography done. She said it seems as though the parent should be charged with some crime. 3:01:09 PM SENATOR MICCICHE asked whether the out-of-state sex registry is for a new entrant or if it could be retroactive. MR. SKIDMORE offered to provide more detail during the sectional analysis; however, it would apply to people coming forward, but it would not be retroactive.