ALASKA STATE LEGISLATURE  SENATE JUDICIARY STANDING COMMITTEE  April 4, 2022 1:36 p.m. MEMBERS PRESENT Senator Roger Holland, Chair Senator Mike Shower, Vice Chair Senator Shelley Hughes Senator Robert Myers Senator Jesse Kiehl MEMBERS ABSENT  All members present COMMITTEE CALENDAR  SENATE BILL NO. 189 "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to sentencing for sex trafficking and patron of a victim of sex trafficking; establishing the process for a vacatur of judgment for a conviction of prostitution; and providing for an effective date." - MOVED CSSB 189(JUD) OUT OF COMMITTEE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 157(FIN) "An Act requiring the disclosure of the identity of certain persons, groups, and nongroup entities that expend money in support of or in opposition to an application filed for a state referendum or recall election; relating to the location of offices for the Alaska Public Offices Commission and the locations at which certain statements and reports filed with the commission are made available; relating to the duties of the Alaska Public Offices Commission; clarifying the limits on making, accepting, and reporting certain cash campaign contributions; relating to campaign finance reporting by certain groups; increasing the time the Alaska Public Offices Commission has to respond to a request for an advisory opinion; repealing a reporting requirement for certain contributions; relating to contribution limits and recall campaigns; and providing for an effective date." - SCHEDULED BUT NOT HEARD PREVIOUS COMMITTEE ACTION  BILL: SB 189 SHORT TITLE: CRIME OF SEX/HUMAN TRAFFICKING SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR 02/15/22 (S) READ THE FIRST TIME - REFERRALS 02/15/22 (S) JUD, FIN 02/28/22 (S) JUD AT 1:30 PM BUTROVICH 205 02/28/22 (S) Heard & Held 02/28/22 (S) MINUTE(JUD) 03/02/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/02/22 (S) Heard & Held 03/02/22 (S) MINUTE(JUD) 03/04/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/04/22 (S) Heard & Held 03/04/22 (S) MINUTE(JUD) 03/07/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/07/22 (S) Heard & Held 03/07/22 (S) MINUTE(JUD) 03/09/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/09/22 (S) Heard & Held 03/09/22 (S) MINUTE(JUD) 03/11/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/11/22 (S) 03/14/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/14/22 (S) 03/16/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/16/22 (S) Heard & Held 03/16/22 (S) MINUTE(JUD) 03/25/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/25/22 (S) -- MEETING CANCELED -- 03/30/22 (S) JUD AT 1:30 PM BUTROVICH 205 03/30/22 (S) Heard & Held 03/30/22 (S) MINUTE(JUD) 04/04/22 (S) JUD AT 1:30 PM BUTROVICH 205 WITNESS REGISTER DIANE CASTO, Executive Director Alaska Council on Domestic Violence and Sexual Assault Department of Public Safety (DPS) Juneau, Alaska POSITION STATEMENT: Testified on Amendment 8 during the discussion of SB 189. JOHN SKIDMORE, Deputy Attorney General Office of the Attorney General Criminal Division Department of Law Anchorage, Alaska POSITION STATEMENT: Answered legal questions on amendments to SB 189. NANCY MEADE, General Counsel Administrative Offices Alaska Court System Anchorage, Alaska POSITION STATEMENT: Answered questions on amendments to SB 189. DAVID WILSON, Captain Alaska State Troopers Department of Public Safety Anchorage, Alaska POSITION STATEMENT: Answered questions on administrative subpoenas during the hearing on SB 189. SAMANTHA CHEROT, Director Public Defender Agency Department of Administration Anchorage, Alaska POSITION STATEMENT: Answered questions on administrative subpoenas during the hearing on SB 189. KACI SCHROEDER, Assistant Attorney General Legal Services Section Criminal Division Department of Law Juneau, Alaska POSITION STATEMENT: Answered legal questions on amendments to SB 189. CATHY SCHLINGHEYDE, Staff Senator Jesse Kiehl Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Explained amendments on behalf of the sponsor of the conceptual amendments to Amendment 21 of SB 189. ACTION NARRATIVE 1:36:55 PM CHAIR ROGER HOLLAND called the Senate Judiciary Standing Committee meeting to order at 1:36 p.m. Present at the call to order were Senators Myers, Hughes, Shower, Kiehl, and Chair Holland. SB 189-CRIME OF SEX/HUMAN TRAFFICKING  1:37:29 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 189 "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to sentencing for sex trafficking and patron of a victim of sex trafficking; establishing the process for a vacatur of judgment for a conviction of prostitution; and providing for an effective date." CHAIR HOLLAND noted that this was the ninth hearing and a committee substitute, Version I, was adopted. Amendments 1-17 were previously considered. He asked Senator Kiehl to reoffer Amendment 8. 1:37:57 PM SENATOR KIEHL moved to adopt Amendment 8, work order 32- GS2029\I.17. 32-GS2029\I.17 Radford 3/30/22 AMENDMENT 8 OFFERED IN THE SENATE BY SENATOR KIEHL TO: CSSB 189(JUD), Draft Version "I" Page 1, line 5, following "substance;": Insert "relating to the Council on Domestic  Violence and Sexual Assault;" Page 22, following line 25: Insert new bill sections to read:  "* Sec. 29. AS 18.66.010 is amended to read: Sec. 18.66.010. Council on Domestic Violence and  Sexual Assault; purpose. There is established in the Department of Public Safety the Council on Domestic Violence and Sexual Assault. The purpose of the council is to provide for planning and coordination of services to victims of domestic violence, sex  trafficking, or sexual assault or to their families and to perpetrators of domestic violence and sexual assault and to provide for crisis intervention and prevention programs.  * Sec. 30. AS 18.66.050 is amended to read: Sec. 18.66.050. Duties of the council. The council shall  (1) hire an executive director, and the executive director may hire staff; the executive director is in the exempt service under AS 39.25.110 and staff members are in the classified service under AS 39.25.100; (2) elect one of its members as presiding officer; (3) in consultation with authorities in the field, develop, implement, maintain, and monitor domestic violence, sexual assault, and crisis intervention and prevention programs, including educational programs, films, and school curricula on the cause, prevention, and treatment of domestic violence, sex trafficking, and sexual assault; (4) coordinate services provided by the Department of Law, the Department of Education and Early Development, the Department of Public Safety, the Department of Health and Social Services, the Department of Corrections, and other state agencies and community groups dealing with domestic violence, sex trafficking, sexual assault, and crisis intervention and prevention, and provide technical assistance as requested by those state agencies and community groups; (5) develop and implement a standardized data collection system on domestic violence, sex  trafficking, sexual assault, and crisis intervention and prevention; (6) conduct public hearings and studies on issues relating to violence, including domestic violence, sex trafficking, and sexual assault, and on issues relating to the role of crisis intervention and prevention; (7) receive and dispense state and federal money and award grants and contracts from appropriations for the purpose to qualified local community entities for domestic violence, sexual assault, and crisis intervention and prevention programs; (8) oversee and audit domestic violence, sexual assault, and crisis intervention and prevention programs that receive money under this chapter; (9) provide fiscal and technical assistance to plan, organize, implement, and administer domestic violence, sexual assault, and crisis intervention and prevention programs; (10) make an annual report to the governor on the activities of the council, plans of the council for new services and programs, and concerns of the council, including recommendations for legislation necessary to carry out the purposes of this chapter; the council shall notify the legislature that the report is available; (11) adopt regulations in accordance with AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter and to protect the health, safety, well-being, and privacy of persons receiving services financed with grants or contracts under this chapter; (12) consult with the Department of Health and Social Services in the formulation of standards and procedures for the delivery of services to victims of domestic violence by health care facilities and practitioners of healing arts and personnel in those facilities as required in AS 18.66.300; (13) consult with the Alaska Police Standards Council and other police training programs in the state to develop training programs regarding domestic violence for police officers and for correction, probation, and parole officers; (14) consult with public employers, the Alaska Supreme Court, school districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to provide continuing education courses in domestic violence to employees. * Sec. 31. AS 18.66.060 is amended to read: Sec. 18.66.060. Qualifications for grants and  contracts. A local community entity is qualified to receive a grant or contract under this chapter if it agrees to provide services approved by the council to victims of domestic violence, sex trafficking, or sexual assault or their families or to perpetrators of domestic violence or sexual assault without regard to ability to pay." Renumber the following bill sections accordingly. Page 23, following line 19: Insert a new bill section to read:  "* Sec. 34. AS 18.66.990(2) is amended to read: (2) "crisis intervention and prevention program" means a community program that provides information, education, counseling, and referral services to individuals experiencing personal crisis related to domestic violence, sex trafficking, or sexual assault and to individuals in personal or professional transition, excluding correctional half- way houses, outpatient mental health programs, and drug or alcohol rehabilitation programs;" Renumber the following bill sections accordingly. Page 29, line 19: Delete "sec. 32" Insert "sec. 36" Page 29, line 26: Delete "sec. 29" Insert "sec. 32" Page 29, line 27: Delete "sec. 30" Insert "sec. 33" Page 29, line 29: Delete "sec. 43" Insert "sec. 47" 1:38:26 PM CHAIR HOLLAND objected for discussion purposes. 1:38:34 PM SENATOR KIEHL reminded the committee that Amendment 8 would add the victims of sex trafficking to the duties of the Council on Domestic Violence and Sexual Assault (CDVSA). He stated that he had discussed the amendment with the council's executive director. He said if Amendment 8 were to pass, CDVSA would provide a fiscal note to identify the size and scope of victim services needed and to identify any potential federal funds. He suggested that the timing dovetails with the Governor's Council on Human and Sex Trafficking. He directed attention to the 2013 State of Alaska Task Force on the Crimes of Human Trafficking, Promoting Prostitution and Sex Trafficking recommendation that CDVSA would be the right agency to take on this task. 1:40:40 PM DIANE CASTO, Executive Director, Alaska Council on Domestic Violence and Sexual Assault, Department of Public Safety (DPS), Juneau, Alaska, stated that she was unsure of the impacts Amendment 8 would have on the Council on Domestic Violence and Sexual Assault (CDVSA). She wondered if the intent was for the council to disperse funding to other agencies to provide services or if CDVSA would take the lead to guide policies and practices moving forward. She acknowledged the 2013 State of Alaska Task Force on the Crimes of Human Trafficking, Promoting Prostitution and Sex Trafficking report that identified CDVSA as a potential agency to take on human and sex trafficking victims. MS. CASTO related that she reached out to colleagues throughout Alaska. She stated that sex trafficking is a federal crime, although some crimes are state crimes. However, the services that help victims reduce or manage their trauma and find jobs would be provided by the state. She reviewed the past data noting that currently, CDVSA serves 35 grantees, of which 26 offer shelter programs. The remaining grantees provide services, including Child Advocacy Centers. She reminded members that sex trafficking usually affects teenagers and young adults. 1:43:30 PM MS. CASTO reported that in FY 2020, the council assisted with 30 cases involving victims of human or sex trafficking, which represents a small fraction of CDVSA's overall services. For example, CDVSA had 5,836 domestic violence, 1,226 sexual assault, and 41 cases of human and sex trafficking, kidnapping, and child pornography. Thus, the agency does not currently handle significant numbers of human or sex trafficking cases. She highlighted that many staff had received additional training to handle sex trafficking victims, coordinating with the Federal Bureau of Investigation (FBI) and other task forces working on this issue. She summarized that human and sex trafficking is not the council's primary role, but it dovetails with the duties and goals of CDVSA. She expressed a willingness to carry out these duties, but the legislature must indicate the expectations explicitly. 1:45:11 PM CHAIR HOLLAND noted that she mentioned that CDVSA provides funding to other agencies for services to victims of domestic violence and sexual assault. MS. CASTO answered yes. She added that CDVSA provides funding to 35 agencies. 1:45:41 PM SENATOR SHOWER asked whether Amendment 8 would require CDVSA to request additional funding or staff. MS. CASTO answered yes. She offered her view that no one has a good idea of the number of sex trafficked victims. She suggested that many sex trafficking victims are not reporting, and there is insufficient data. She stated that some of the resources needed for this population are different than those the council provides for domestic violence and sexual assault victims. For example, sex trafficked victims do not have housing, need counseling, and must develop job skills to support themselves. She noted that housing is typically the most expensive services, so CDVSA does not provide much transitional housing. SENATOR SHOWER stated that the fiscal impact is indeterminate. He asked if CDVSA would provide these services or if some funding would go to other agencies. MS. CASTO agreed that the council would likely need to funnel funds to other agencies. Thus, CDVSA must develop strong relationships with corporations such as the Alaska Housing Finance Corporation to coordinate and not duplicate efforts. 1:48:52 PM SENATOR HUGHES said she was uncomfortable assigning this to CDVSA since the council lacks staff and funding to take on additional tasks. Further, she was unsure what the [Governor's Council on Human and Sex Trafficking] would recommend. She asked whether CDVSA serves on the council. MS. CASTO answered no. She explained that CDVSA serves on the Council on Missing and Murdered Indigenous Persons (MMIP). However, Brenda Stanfill, [Executive Director of Alaska Network on Domestic Violence and Sexual Assault], serves on the MMIP. 1:50:40 PM SENATOR HUGHES agreed with Senator Kiehl but suggested that this was premature. She indicated that CDVSA should participate with the council, develop a plan, and report to the legislature with a proposal. She reiterated her concern about adding duties to CDVSA if they cannot carry them out. 1:51:37 PM SENATOR KIEHL stated that he serves on that council. He pointed out that it has been nine years since the previous task force recommended changes, but no one has assigned the work. He offered to report to the committee on any [Governor's Council on Human and Sex Trafficking] recommendations. 1:52:24 PM SENATOR HUGHES reiterated her concern about bypassing the [Governor's Council on Human and Sex Trafficking] since the legislature does not know what recommendations will come from this new council. She suggested that perhaps adding assistance for human and sex trafficking victims should be introduced as a separate bill rather than to insert language in the crime bill. CHAIR HOLLAND was unsure that passing Amendment 8 would mean that CDVSA would violate the law by not taking action. He also remarked that no one knows the extent of human and sex trafficking in Alaska. 1:53:49 PM SENATOR HUGHES directed attention to page 1, line 14 of Amendment 8 to the 14 duties listed for the CDVSA. She maintained that this was premature. CHAIR HOLLAND pointed out that the 14 duties listed were ones CDVSA currently provides for domestic violence and sexual abuse. Amendment 18 would merely add sex trafficking to four of the 14 duties. He characterized Amendment 8 as a good fit. 1:55:04 PM SENATOR SHOWER suggested making it clear in the legislative intent that the committee does not intend to hold CDVSA accountable until the Governor's Council on Human and Sex Trafficking recommends actions. 1:55:36 PM SENATOR HUGHES objected. A roll call vote was taken. Senators Shower, Kiehl, and Holland voted in favor of Amendment 8, and Senator Hughes voted against it. Therefore, Amendment 8 was adopted by a 3:1 vote. CHAIR HOLLAND stated that Amendment 8 was adopted on a vote of 3 yeas and 1 nay. He asked Senator Kiehl to reoffer Amendment 17. 1:56:21 PM SENATOR KIEHL moved to adopt Amendment 17, work order 32- GS2029\I.18. 32-GS2029\I.18 Radford 3/29/22 AMENDMENT 17 OFFERED IN THE SENATE BY SENATOR KIEHL TO: CSSB 189(JUD), Draft Version "I" Page 5, lines 2 - 6: Delete all material and insert: "violates AS 11.41.365 and the victim is  (1) under 20 years of age; or  (2) in the legal custody of that person [COMPELS OR INDUCES ANOTHER PERSON TO ENGAGE IN SEXUAL CONDUCT, ADULT ENTERTAINMENT, OR LABOR IN THE STATE BY FORCE OR THREAT OF FORCE AGAINST ANY PERSON, OR BY DECEPTION]." Page 5, lines 16 - 31: Delete all material and insert: "force or threat of force against any person [OBTAINS A BENEFIT FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE TRAFFICKING]." Page 6, line 4, following "if": Insert "(1) under circumstances not proscribed under AS 11.41.340 - 11.41.355, and with the intent to promote human trafficking, induces or causes another person to engage in adult entertainment or labor by (A) exposing or threatening to expose confidential information, whether true or false, that would subject a person to hatred, contempt, or ridicule; (B) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person; (C) threatening to report a person to a government agency for the purpose of arrest or deportation; (D) threatening to collect a debt; (E) instilling in a person a fear that lodging, food, clothing, or medication will be withheld from any person; (F) providing a controlled substance or withholding a controlled substance from the other person; or (G) deception; or (2)" Page 6, line 8, following "if": Insert "(A) the person violates (a)(1) of this section; (B)" 1:56:30 PM CHAIR HOLLAND objected for discussion purposes. 1:56:33 PM SENATOR KIEHL reminded the committee that Amendment 17 would provide a tiered structure to the human trafficking penalties as in the sex trafficking penalties in Version I. It relates to the level and severity of human trafficking crimes. He expressed concern that without this amendment, all levels of human trafficking would not take a tiered approach as in the sex trafficking statutes. It should be a more serious crime to force someone to have sexual contact for money than to induce someone without force to engage in nude dancing. Amendment 17 creates a tiered classification of crimes for human trafficking. It would increase the penalties for some crimes, including creating an unclassified felony to engage in human trafficking if the victim was under 20 years of age or in the human trafficker's legal custody. He believed that Amendment 17 would provide precise language for some crimes but still maintain the same level of class A and B felonies as in current law. CHAIR HOLLAND solicited comments from the Department of Law. 1:59:04 PM JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney General, Criminal Division, Department of Law, Anchorage, Alaska, responded that there were several nuances. First, human trafficking criminalizes the use of force or deception as a class A felony under current law. This bill shifts the use of force to a more serious offense than the use of deception. Under SB 189, Version I, the use of force was increased to an unclassified felony subject to sentencing provisions from 5-99 years. He clarified that it does not equate to force for sex trafficking. He related that sex trafficking as an unclassified felony is subject to sentencing provisions under AS 12.55.125(i), which is for sex offenses. The penalty for a first offense is 20 to 30 years with a maximum of 99 years. Second, under current law, deception is classified as a class A felony with a sentencing range of 4-7 years for the first offense with a maximum of 20 years. SB 189 retains the penalty. Under Amendment 17, deception would be reduced from a class A felony to a class B felony, subject to 1-3 years for the first offense with a maximum of 10 years. It does not maintain but alters current law. The administration's intent for human trafficking was to bring clarity and identify that when force is used, it is more significant than deception. MR. SKIDMORE said he agrees with Senator Kiehl that offenders should be treated more severely when force is used. However, the department does not believe the penalties for deception should be reduced, so the administration is opposed to Amendment 17. 2:02:41 PM SENATOR HUGHES noted that she appreciated the administration clarifying its opposition. 2:03:01 PM SENATOR MYERS stated that Amendment 17 addresses the circumstance when a victim is in the legal custody of the perpetrator. He asked whether that was new language in the bill or covered in existing law. MR. SKIDMORE responded that someone in the individual's legal custody is not expressly called out in current law or in SB 189, Version I. He related his understanding that a subsequent amendment in the members' packets was designed to address that concern. Without the subsequent amendment, under the language of Amendment 17, it would be a crime of human trafficking if the victim was in the perpetrator's legal custody. However, it would also make it a crime of human trafficking if a parent told their children they would withhold food or clothing unless they did their chores, which was not the sponsor's intent. He noted that the department avoided discussions about custody due to the confusion it might cause. He clarified that the bill would cover if anyone were forced, induced, or caused to engage in human trafficking. 2:06:06 PM SENATOR KIEHL noted that the same issue that relates to custody in human trafficking also relates to sex trafficking, which should be addressed outside Amendment 17. SENATOR KIEHL acknowledged that he had missed the separate treatment for deception in the human trafficking statutes. He considered deception as a form of inducement. He welcomed a conceptual amendment to Amendment 17 to increase the penalty for inducement to a class A felony. He suggested that it could be considered now or in subsequent committee. 2:07:22 PM At ease 2:07:53 PM CHAIR HOLLAND reconvened the meeting. 2:08:13 PM MR. SKIDMORE responded that the challenges remain. One problem was that the use of force was not increased to a higher offense in Amendment 17. Instead, the use of force and deception were treated the same. Although there should be a difference in penalties for force and deception, the department does not want to see the penalty reduced for the use of deception. He cautioned that leaving the use of force and deception at the same level means considering that conduct at the same level as a person who provides assistance but does not directly induce or cause the victim to be engaged in adult entertainment or labor. Thus, the amendment would result in losing the tiered approach. While he understands the proposal in Amendment 17, it would create challenges structurally. 2:09:45 PM SENATOR HUGHES pointed out that some may think of sex trafficking as worse than human trafficking, but victims of either could be miserable. 2:10:18 PM CHAIR HOLLAND maintained his objection. 2:10:24 PM SENATOR KIEHL stated that none of the tiering of penalties in criminal law was perfect. Ultimately, it was important to look at the underlying issues. He agreed with Senator Hughes that forced labor was awful, but the bill compares levels of awful. However, force is applied in every assault, so it was essential to have some level of severity. 2:11:01 PM A roll call vote was taken. Senators Kiehl and Shower voted in favor of Amendment 17, and Senators Hughes, Myers, and Holland voted against it. Therefore, Amendment 17 failed by a 2:3 vote. CHAIR HOLLAND stated that Amendment 17 failed on a vote of 2 yeas and 3 nays. 2:11:46 PM CHAIR HOLLAND moved to adopt Amendment 18, work order 32- GS2029\I.22. 32-GS2029\I.22 Radford 3/31/22 AMENDMENT 18 OFFERED IN THE SENATE BY SENATOR HOLLAND TO: CSSB 189(JUD), Draft Version "I" Page 20, line 29: Delete "AS 11.41.340 - 11.41.350" Insert "AS 11.41.340 - 11.41.355" 2:11:47 PM SENATOR SHOWER objected for discussion purposes. 2:11:53 PM CHAIR HOLLAND explained that Amendment 18 contains language from the first part of Amendment 13, which the committee considered on 3/30/22. It would make the patron of a victim of sex trafficking a registerable offense. 2:12:25 PM SENATOR MYERS wondered if the department could discuss the level of proof for a patron of sex trafficking and a patron of prostitution. 2:12:54 PM CHAIR HOLLAND asked Mr. Skidmore to respond. 2:12:58 PM MR. SKIDMORE responded that proof beyond a reasonable doubt would be required for both offenses. The department would need to prove beyond a reasonable doubt that a patron of a victim of sex trafficking purchased sex from the person and that the individual was reckless of the fact that this was a victim of sex trafficking. As a refresher, he stated that reckless is a mental state defined in law that says the individual must be aware of and consciously disregard a substantial and unjustifiable risk that the circumstance exists. MR. SKIDMORE explained that the person would purchase sex from the victim but must be aware of and consciously disregard a substantial and unjustifiable risk that the individual is sex trafficked instead of a worker voluntarily engaging in prostitution. He noted that the definition also states that it must be a gross deviation from the standard of conduct that a reasonable person would observe. 2:14:37 PM MR. SKIDMORE said this does not relate to a mistake made or the person missed a clue, but rather that it constitutes a gross deviation from a substantial and unjustifiable risk. He offered his view that the crime of a patron of a victim of sex trafficking is not a crime that the Department of Law believes will be easy to prove. He noted that purchasing sex from a prostitute is a class A misdemeanor, not subject to the enhanced penalties for a patron of a victim of sex trafficking. 2:15:57 PM CHAIR HOLLAND asked whether the department had a position on Amendment 18. MR. SKIDMORE answered that the department believes a patron of a victim of sex trafficking should be required to register as a sex offender since that person helps support the predatory nature of sex trafficking. 2:16:52 PM SENATOR SHOWER removed his objection. CHAIR HOLLAND found no further objection, and Amendment 18 was adopted. 2:17:24 PM CHAIR HOLLAND moved to adopt Amendment 19, work order 32- GS2029\I.24. 32-GS2029\I.24 Radford 3/31/22 AMENDMENT 19 OFFERED IN THE SENATE BY SENATOR HOLLAND TO: CSSB 189(JUD), Draft Version "I" Page 26, line 12: Delete "AS 11.41.340 - 11.41.350" Insert "AS 11.41.340 - 11.41.355" 2:17:25 PM SENATOR SHOWER objected for discussion purposes. 2:17:28 PM CHAIR HOLLAND explained that Amendment 19 contained the second half of the language from Amendment 13, which the committee considered on 3/30/2022. It would make the patron of a victim of sex trafficking an eligible offense for an administrative subpoena. 2:17:45 PM SENATOR KIEHL noted that some confusion arose about what crimes or investigations require an investigative subpoena. He offered his view that adding sex trafficking to administrative subpoenas makes excellent sense. However, adding the patron concerns him somewhat. He related his understanding that administrative subpoenas do not go before a judge and that the attorney general can issue them. He stated that the investigations of a patron of a victim of sex trafficking would be similar to the initial crime of prostitution. He expressed concern that there would be too much potential overlap. CHAIR HOLLAND asked Mr. Skidmore for the department's position on Amendment 19. 2:19:43 PM MR. SKIDMORE responded that an administrative subpoena statute gives the attorney general the authority to subpoena an internet service provider for crimes that require a faster response time, which is beneficial to law enforcement. He stated that the other types of crimes are sex-related crimes where the internet plays a significant role. He agreed with Senator Kiehl that the internet plays a substantial role in sex trafficking. However, he draws the distinction and does not want it to apply to crimes committed by patrons. However, the Department of Law believes that the person attempting to purchase sex is engaging in the crime related to sex trafficking, as is the sex trafficker. He acknowledged that the department has a higher accountability since they induce or cause someone to engage in the conduct. However, the buyer participates equally. He noted that an investigation in sex trafficking also includes investigating a patron. He said it makes sense to have the administrative subpoena available for both participants because it relates to the same transaction on the internet. 2:22:01 PM SENATOR SHOWER removed his objection. 2:22:12 PM SENATOR KIEHL objected. He stated that it becomes the question of how widely to allow law enforcement to search internet records and emails without going before a judge. He envisioned that law enforcement would likely have probable cause to go before a judge; however, the time-sensitive element is online sex trafficking. 2:23:07 PM SENATOR HUGHES offered her view that sex trafficking would not exist without patrons. She said she is supportive of using administrative subpoenas since they provide investigators with a faster approach. She surmised that as more patrons realize the law will be coming after them, it will reduce sex trafficking in the state. 2:24:01 PM SENATOR MYERS wondered whether the court system had any insight into administrative subpoenas. 2:24:37 PM SENATOR MYERS asked whether a judge having the ability to throw out evidence obtained via an administrative subpoena would provide a check on the prosecution. 2:25:14 PM NANCY MEADE, General Counsel, Administrative Offices, Alaska Court System, Anchorage, Alaska, responded that the court system does not work with administrative subpoenas. She related that the attorney general or his designee issues administrative subpoenas without any involvement by the court. She envisioned that these requests would come from Department of Law attorneys via Mr. Skidmore. She stated that the statute says that the superior court could issue an order requiring the internet service provider to appear with the information described if the internet service provider refuses to obey it. Thus, the court could require the subject of the administrative subpoena to obey it. SENATOR MYERS asked whether a judge might find evidence provided by the internet via an administrative subpoena inadmissible in a case. MS. MEADE anticipated that if the evidence were produced pursuant to this statute, the court would likely not find it inadmissible since the Department of Law would have the legal authority to issue the subpoena. She noted that law enforcement could still come to the court to request a subpoena to obtain the information from the internet provider. She acknowledged that the standard of proof differs from a subpoena since the investigator would need to have probable cause to believe that a crime was about to be committed or was underway. The administrative subpoenas would be based on a reasonable cause to believe, which is a lower standard for acquiring the information. 2:28:00 PM SENATOR HUGHES asked how long it would take for a person to obtain a subpoena from the court. MS. MEADE answered that an application for a subpoena could be handled at any time since the court has magistrate judges on call 24 hours a day. 2:28:40 PMs SENATOR HUGHES asked whether weekends pose any delays. MS. MEADE answered no; magistrate judges provide service 24 hours a day. She said law enforcement routinely calls at all hours of the night and explains their probable cause orally. The magistrate judge routinely processes them right away. CHAIR HOLLAND related his understanding that the crime of being a patron of a victim of a sex worker is not an eligible offense for an administrative subpoena. 2:29:33 PM MR. SKIDMORE answered yes, because the crime of patron of a victim of sex trafficking does not yet exist. CHAIR HOLLAND asked whether Amendment 19 would assume the patron of a victim of sex trafficking would know that they were patrons of a sex trafficking incident or if the person would believe that they were a patron of a sex worker. He asked whether Amendment 18 would elevate the crime for "johns" to a different level. MR. SKIDMORE responded that the statute requires reasonable cause. He agreed that reasonable cause was not the same as probable cause for a search warrant. However, there would need to be some reason to believe the patron knew the individual was a victim of sex trafficking to obtain records of the owner of the specific IP address. He noted that the administrative subpoenas were to help identify who was at the computer. 2:31:17 PM SENATOR KIEHL maintained his objection. SENATOR HUGHES asked whether law enforcement or the attorney general would be applying for the administrative subpoena. MR. SKIDMORE answered that the process would require a law enforcement officer to make an application to the attorney general's office. These law enforcement officers often obtain assistance from the prosecutor, which would be referred to the Deputy Attorney General. He acknowledged that he serves in that capacity so he would issue the administrative subpoenas. He noted that the agency receives some requests, and some requests are denied due to insufficient information. 2:32:38 PM SENATOR HUGHES wondered if it would take longer to go through the administrative subpoenas process established in the attorney general's office than to use the magistrate judges. She recalled that in investigating online cases, it is possible to lose contact, which might mean that the victim was subjected to sexual contact. 2:34:23 PM DAVID WILSON, Captain, Alaska State Troopers, Department of Public Safety, Anchorage, Alaska, described the administrative subpoena process, which begins when information of value occurs online. The officer would initially issue a preservation request to the provider to secure the information so that it is not lost. The officer would begin the administrative subpoena to retrieve the information. If the administrative subpoena were denied, the officer would apply for a search warrant. He offered his view that the administrative subpoena process is usually more rapid, depending on the court's availability for a search warrant. He noted that typically law enforcement requests the search warrant in person. Thus, using the administrative subpoena process would depend on whether the preservation request secures the information. SENATOR HUGHES asked whether the time factor means that administrative subpoenas could help save victims more quickly. CAPTAIN WILSON explained that it would be faster to go through the administrative subpoenas, which could be helpful. 2:36:16 PM SENATOR SHOWER expressed concern about casting the net a little too wide. 2:36:49 PM SAMANTHA CHEROT, Director, Public Defender Agency, Department of Administration, Anchorage, Alaska, asked Senator Shower to restate his question. SENATOR SHOWER asked whether lowering the standard of proof by issuing administrative subpoenas instead of search warrants would create any concerns. MS. CHEROT answered that it would create concerns because the probable cause standard necessary to obtain a search warrant provides protections, and administrative subpoenas do not require judicial review. However, she deferred to the legislature regarding the policy decision. 2:38:07 PM SENATOR KIEHL maintained his objection. 2:38:18 PM A roll call vote was taken. Senators Hughes and Holland voted in favor of Amendment 19, and Senators Myers, Kiehl, and Shower voted against it. Therefore, Amendment 19 failed on a 2:3 vote. CHAIR HOLLAND stated that Amendment 19 failed on a vote of 2 yeas and 3 nays. 2:38:54 PM CHAIR HOLLAND moved to adopt Amendment 20, work order 32- GS2029\I.21. 32-GS2029\I.21 Radford 4/1/22 AMENDMENT 21 OFFERED IN THE SENATE BY SENATOR HOLLAND TO: CSSB 189(JUD), Draft Version "I" Page 6, following line 11: Insert a new section to read: "Sec. 11.41.367. Human trafficking applicability  of certain activities. A normal caretaker request of a child or a normal interaction with a child is not a violation of AS 11.41.360 - 11.41.366." Page 6, line 12: Delete "Sec. 11.41.367" Insert "Sec. 11.41.368" Page 6, line 16: Delete "Sec. 11.41.368" Insert "Sec. 11.41.369" Page 28, line 27: Delete "AS 11.41.366 - 11.41.368" Insert "AS 11.41.366 - 11.41.369" 2:38:57 PM SENATOR SHOWER objected for discussion purposes. 2:39:22 PM MR. SKIDMORE explained that Amendment 20 would clarify that requiring one's children to do chores does not constitute forced labor, and the parent is not guilty of human trafficking in AS 11.41.360-366. He stated that AS 11.41.360 establishes human trafficking in the first degree and AS 11.41.363 establishes human trafficking in the second degree. He said AS 11.41.366 relates to human trafficking in the third degree. He noted that this was not drafted to apply to sex trafficking, only human trafficking. He related that the amendment makes good sense. He referred to lines 7-17 of Amendment 20 as conforming changes, and that lines 3-5 provided the changes. 2:41:38 PM SENATOR HUGHES stated that the language refers to a child instead of a minor. She wanted to ensure that it covered teenagers. She asked whether using a caretaker would cover a situation in a school where students might have to pick up trash or mop the cafeteria floor if the students are misbehaving in the classroom. MR. SKIDMORE responded that he was not aware of a specific definition for a child so that it would cover anyone under the age of 18. He stated that Amendment 20 could include caretaker since it doesn't specify parent. He pointed out that one other element included in human trafficking does not mean someone is being told to engage in certain labor. Still, the statute provides a list of ways that specify how it would be inappropriate to coerce minors. For example, it includes exposing confidential information that would expose someone to ridicule, withholding passport identification documents, threatening to accuse someone of a crime, deception, and withholding food, clothing, or shelter. He highlighted these because he struggles to fathom a scenario in which a teacher or school administrator can engage in any of those things. However, if they did, it may go beyond their caretaker responsibilities in a school setting. 2:44:08 PM SENATOR KIEHL stated that the discussion helped. He characterized Amendment 20 as a good amendment. 2:44:24 PM SENATOR SHOWER removed his objection. 2:44:28 PM CHAIR HOLLAND found no further objection, and Amendment 20 was adopted. 2:44:51 PM CHAIR HOLLAND moved to adopt Amendment 21, work order 32- GS2029\I.20. 32-GS2029\I.20 Radford 4/4/22 AMENDMENT 21 OFFERED IN THE SENATE BY SENATOR HOLLAND TO: CSSB 189(JUD), Draft Version "I" Page 2, line 4: Delete "AS 11.41.340 - 11.41.355" Insert "AS 11.41.340 - 11.41.357" Page 2, line 19: Delete "commercial sexual conduct" Insert "a commercial sexual act" Page 2, line 23: Delete "commercial sexual conduct" Insert "a commercial sexual act" Page 2, line 25: Delete "commercial sexual conduct" Insert "a commercial sexual act" Page 2, line 30: Delete "(1)" Page 2, lines 30 - 31: Delete "commercial sexual conduct" Insert "a commercial sexual act" Page 3, line 1: Delete "(A)" Insert "(1)" Page 3, line 2: Delete "(B)" Insert "(2)" Page 3, line 3: Delete "(C) commercial sexual conduct involving" Insert "(3)" Page 3, line 4: Delete "; or" Insert "." Page 3, lines 5 - 20: Delete all material. Page 3, lines 25 - 26: Delete "commercial sexual conduct" Insert "a commercial sexual act" Page 3, line 31: Delete "commercial sexual conduct" Insert "a commercial sexual act involving sexual penetration or masturbation of one person by another person" Page 4, line 2: Delete "commercial sexual conduct" Insert "a commercial sexual act" Page 4, line 3: Delete "conduct" Insert "acts" Page 4, line 8, following "fee": Insert "; (3) "sexual conduct" means genital or anal intercourse, cunnilingus, fellatio, or masturbation of one person by another person" Page 4, lines 17 - 18: Delete "commercial sexual conduct" Insert "a commercial sexual act involving sexual penetration or masturbation of one person by another person" Page 4, line 20: Delete "conduct" Insert "act" Page 4, following line 29: Insert a new section to read: "Sec. 11.41.357. Inducing or causing a person to  engage in a commercial sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes another person to engage in a commercial sexual act by (1) exposing or threatening to expose confidential information, whether true or false, that would subject a person to hatred, contempt, or ridicule; (2) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of a person; (3) threatening to report a person to a government agency for the purpose of arrest or deportation; (4) threatening to collect a debt; (5) instilling in a person a fear that lodging, food, clothing, or medication will be withheld; (6) providing a controlled substance to or withholding a controlled substance from the other person; or (7) deception." Page 5, line 1: Delete "AS 11.41.340 - 11.41.355" Insert "AS 11.41.340 - 11.41.357" Page 5, line 13: Delete "AS 11.41.340 - 11.41.355" Insert "AS 11.41.340 - 11.41.357" Page 10, line 21: Delete ""commercial sexual conduct" means sexual conduct" Insert ""commercial sexual act" means a sexual act" Page 10, line 31, through page 11, line 1: Delete all material and insert: "(72) "sexual act" means sexual penetration or sexual contact;" Renumber the following paragraph accordingly. Page 11, line 3: Delete "commercial sexual conduct" Insert "a commercial sexual act" Page 26, line 22: Delete "AS 11.41.340 - 11.41.355" Insert "AS 11.41.340 - 11.41.357" Page 28, line 11: Delete "commercial sexual conduct prohibited by  AS 11.41.340 - 11.41.355" Insert "a commercial sexual act prohibited by  AS 11.41.340 - 11.41.357" Page 28, line 16, following "AS 11.41.360(b)": Insert ", 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3)" Page 28, line 23: Delete "AS 11.41.340 - 11.41.355" Insert "AS 11.41.340 - 11.41.357" 2:44:55 PM SENATOR SHOWER objected for discussion purposes. 2:45:17 PM KACI SCHROEDER, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law, Juneau, Alaska, explained that Amendment 21 was a clean-up amendment. It addresses confusion caused by pulling the definition of sexual conduct into AS 11.81.900, which created an unintended consequence. The intent was to leave the statutes relating to prostitution and revise the sex trafficking statutes. Under Amendment 21 if a person were sex trafficked, it would relate to a sexual act, which is sexual penetration or sexual contact. However, prostitution, prostitution enterprise, and place of prostitution would remain the same; they relate to engaging in sexual conduct. Although the definitions are largely the same, some differences are quite important. 2:46:28 PM SENATOR KIEHL indicated that he had prepared several conceptual amendments to address drafting errors. 2:46:53 PM SENATOR KIEHL moved to adopt Conceptual Amendment 1 to Amendment 21, which read: Amendment pg 2, ln. 24-27: Delete all material Amendment pg.3, ln. 13-14: Delete "involving sexual penetration or masturbation of one person by another person" [The committee treated it as though Chair Holland had objected for discussion purposes.] 2:47:05 PM CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State Legislature, Juneau, Alaska, stated that Conceptual Amendment 1 to Amendment 21 would make two technical corrections. She directed attention to page 2, lines 24-27. Conceptual Amendment 1 would delete the language so that the definition of a place of prostitution or a prostitution enterprise remains sexual conduct. She said this matches with the definition of a place of prostitution in this bill and the new definition of sexual conduct added by Amendment 21. MS. SCHLINGHEYDE explained that the second change on page 3, lines 13-14, changes the definition of patron of a victim of sex trafficking, so that crime will match the other sex trafficking statutes and not be covered in the prostitution statutes. 2:48:11 PM MS. SCHROEDER agreed with Ms. Schlingheyde that Conceptual Amendment 1 cleans up drafting mistakes. 2:48:47 PM CHAIR HOLLAND objected for discussion purposes. 2:49:28 PM CHAIR HOLLAND removed his objection; he found no further objection, and Conceptual Amendment 1 to Amendment 21 was adopted. 2:49:43 PM SENATOR KIEHL moved Conceptual Amendment 2 to Amendment 21, which read: Amendment pg.3 ln. 24: after "sexual act' insert 'including' 2:49:55 PM CHAIR HOLLAND objected for discussion purposes. 2:50:08 PM MS. SCHLINGHEYDE explained that Conceptual Amendment 2 to Amendment 21 would add language to Amendment 21 on page 3, line 24, to Sec. 11.41.357, after "act," add "including." It would then read, "... a person induces or causes another person to engage in a commercial sexual act including by ...." A list of ways to induce or cause another person to engage in a commercial sexual act follows. Thus, the list will become nonexclusive to allow the Department of Law to include other examples using the totality of the circumstances to induce. 2:50:39 PM MS. SCHROEDER agreed that Conceptual Amendment 2 to Amendment 21 would allow the Department of Law to argue things not on the list. CHAIR HOLLAND noted that the Department of Law was in favor of Conceptual Amendment 2 to Amendment 21. 2:50:54 PM SENATOR KIEHL explained Conceptual Amendment 2 to Amendment 21. He stated that during one of the early discussions on the bill, the Department of Law stated the intent to create a nonexclusive list of the ways that a person could be induced or caused. Thus, if a perpetrator withheld or provided alcohol to someone with alcohol addiction to induce the person to engage in a commercial sex act, the department could argue that the victim was not acting voluntarily but was caused to engage in prostitution. He offered his view that this language was valuable. 2:51:59 PM CHAIR HOLLAND asked if Conceptual Amendment 2 to Amendment 21 adding the language "including" would be considered an unlawful delegation. MS. SCHROEDER deferred to Mr. Skidmore. MR. SKIDMORE answered no. He stated that this acknowledges that other conduct is not expressed in the list. The difference between sex trafficking and human trafficking is that human trafficking pertains to labor. Sex trafficking relates to purchasing sex in exchange for something of value which is illegal. An individual could attempt to woo someone or develop a romantic relationship with the victim that could result in obtaining intimate images of an individual and then threatening to expose them. Although it could qualify as exposing confidential information, it was not exactly the same thing. He said that is the reason the department would prefer adding the language "including" instead of "buying." The perpetrator could offer the victim housing, food, clothing, and a better life. He clarified that although it would not be withholding anything, they are similar concepts. Further, someone might threaten to harm a person's pet, or withhold affection. He cautioned there are myriad ways in which sex traffickers induce or cause someone to engage in this conduct, so it isn't possible to create an all-inclusive list. Instead, the bill provides examples of the types of threats, but it was never intended to be a complete list. 2:55:29 PM CHAIR HOLLAND removed his objection; he found no further objection and Conceptual Amendment 2 to Amendment 21 was adopted. CHAIR HOLLAND stated that Amendment 21, as amended, was before the committee. 2:56:05 PM SENATOR SHOWER removed his objection. CHAIR HOLLAND found no further objection, and Amendment 21, as amended, was adopted. 2:56:42 PM SENATOR KIEHL moved to adopt Amendment 22, work order 32- GS2029\I.23. 32-GS2029\I.23 Radford 4/2/22 AMENDMENT 22 OFFERED IN THE SENATE BY SENATOR KIEHL TO: CSSB 189(JUD), Draft Version "I" Page 3, line 18, following both occurrences of "a": Insert "schedule IA, IIA, IIIA, IVA, or VA" Page 5, line 27, following both occurrences of "a": Insert "schedule IA, IIA, IIIA, IVA, or VA" 2:56:44 PM CHAIR HOLLAND objected for discussion purposes. 2:56:43 PM SENATOR KIEHL explained that Amendment 22 relates to the list MR. Skidmore just described. He stated that human trafficking and sex trafficking specifically identify providing a controlled substance or withholding a controlled substance as a means to control victims. This bill specifies all of the controlled substances except for cannabis. However, cannabis is legal under Alaska law. Amendment 22 would not make providing cannabis an automatic qualifier for inducing or causing victims. Instead, it would treat cannabis in the same manner as alcohol when sex traffickers use it to entice or cause victims to engage in certain conduct, by allowing the investigator to consider it in the totality of circumstances. 2:58:02 PM CHAIR HOLLAND asked Mr. Skidmore to comment on Amendment 22. MR. SKIDMORE replied that the Department of Law defers to the legislature on how to address marijuana. He said he agrees with Senator Kiehl's analysis that it treats marijuana in much the same way it treats alcohol. It acknowledges that someone could be so addicted to marijuana that withholding it may cause them to engage in this conduct. Further, it recognizes that both substances are legal, but cannabis alone would not automatically qualify as the cause or inducement. The Department of Law has no position on Amendment 22 because it is a policy call for the committee. 2:59:06 PM SENATOR HUGHES asked whether the department was confident that nothing is excluded from the list of controlled substances and that Amendment 22 would only remove marijuana from the list. MR. SKIDMORE answered that schedule VI only applies to marijuana. 2:59:42 PM CHAIR HOLLAND removed his objection; he found no further objection, and Amendment 22 was adopted. 3:00:03 PM CHAIR HOLLAND asked Nancy Meade if she had any comment on the new fiscal note from the Alaska Court System. 3:00:45 PM SENATOR SHOWER stated that the legislature understood that there would be additional costs when it repealed Senate Bill 91. He viewed SB 189 as addressing some concerns. He said he viewed the costs of implementing human trafficking and sex trafficking as a necessary burden. He remarked that this process is not over because rehabilitation will require some additional costs. MS. MEADE explained that the fiscal note related to the vacatur of judgment reflects the additional work for the court system. She noted that the court system had developed a preliminary way to handle the vacatur of judgments. 3:02:26 PM CHAIR HOLLAND solicited the will of the committee. 3:02:31 PM SENATOR SHOWER moved to report the committee substitute (CS) for SB 189, work order 32-GS2029\I, as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR HOLLAND found no objection, and CSSB 189(JUD) was reported from the Senate Judiciary Standing Committee. SENATOR HUGHES thanked the Alaska Court System and the Department of Law for their efforts on SB 189. She noted that this important topic was often mentioned in the last few years. She offered her view that SB 189 was a good bill. 3:04:00 PM There being no further business to come before the committee, Chair Holland adjourned the Senate Judiciary Standing Committee meeting at 3:04 p.m.