ALASKA STATE LEGISLATURE  HOUSE JUDICIARY STANDING COMMITTEE  February 5, 2024 1:32 p.m. DRAFT MEMBERS PRESENT Representative Sarah Vance, Chair Representative Ben Carpenter Representative Craig Johnson Representative Jesse Sumner Representative Andrew Gray Representative Cliff Groh MEMBERS ABSENT  Representative Jamie Allard, Vice Chair COMMITTEE CALENDAR  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." - HEARD & HELD HOUSE BILL NO. 97 "An Act relating to self-storage facilities for personal property, including vehicles and watercraft; distinguishing self-storage facility liens from another type of storage lien; and excluding self-storage liens from the treatment of certain unclaimed property." - HEARD & HELD PREVIOUS COMMITTEE ACTION  BILL: HB 67 SHORT TITLE: HARASSMENT; SEX OFFENDERS & OFFENSES SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR 02/08/23 (H) READ THE FIRST TIME - REFERRALS 02/08/23 (H) JUD, FIN 03/03/23 (H) JUD AT 1:00 PM GRUENBERG 120 03/03/23 (H) Heard & Held 03/03/23 (H) MINUTE(JUD) 03/27/23 (H) JUD AT 1:00 PM GRUENBERG 120 03/27/23 (H) Heard & Held 03/27/23 (H) MINUTE(JUD) 02/05/24 (H) JUD AT 1:30 PM GRUENBERG 120 BILL: HB 97 SHORT TITLE: SELF-STORAGE UNITS: LIENS; SALES SPONSOR(s): PRAX 03/06/23 (H) READ THE FIRST TIME - REFERRALS 03/06/23 (H) L&C, JUD 03/24/23 (H) L&C AT 3:15 PM BARNES 124 03/24/23 (H) Heard & Held 03/24/23 (H) MINUTE(L&C) 04/14/23 (H) L&C AT 3:15 PM BARNES 124 04/14/23 (H) Heard & Held 04/14/23 (H) MINUTE(L&C) 05/01/23 (H) L&C AT 3:15 PM BARNES 124 05/01/23 (H) Heard & Held 05/01/23 (H) MINUTE(L&C) 05/03/23 (H) L&C AT 3:15 PM BARNES 124 05/03/23 (H) Moved CSHB 97(L&C) Out of Committee 05/03/23 (H) MINUTE(L&C) 05/08/23 (H) L&C RPT CS(L&C) 4DP 2AM 05/08/23 (H) DP: PRAX, WRIGHT, SADDLER, RUFFRIDGE 05/08/23 (H) AM: FIELDS, CARRICK 02/05/24 (H) JUD AT 1:30 PM GRUENBERG 120 WITNESS REGISTER ANGIE KEMP, Director Criminal Division Department of Law Juneau, Alaska POSITION STATEMENT: Gave an overview of HB 67, on behalf of the House Rules Standing Committee, sponsor by request of the governor. ERIN WALKER-TOLLES, Executive Director Catholic Community Services Juneau, Alaska POSITION STATEMENT: Testified in support of HB 67. KATI COPOZZI, representing self Eagle River, Alaska POSITION STATEMENT: Testified in support of HB 67. BRENDA STANFILL, Executive Director Alaska Network on Domestic Violence and Sexual Assault Juneau, Alaska POSITION STATEMENT: Testified in support of HB 67. KEELEY OLSON, Executive Director Standing Together Against Rape Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 67. STACI YATES, Director of Human Trafficking Recovery Services My House Wasilla, Alaska POSITION STATEMENT: Testified in support of HB 67. BETTY JO MOORE, representing self Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 67. ADRIENNE BERGONZINI, representing self Soldotna, Alaska POSITION STATEMENT: Testified in support of HB 67. THOMAS GARBER, representing self Anchorage, Alaska POSITION STATEMENT: Testified during the hearing on HB 67. CORELLA BAGGEN, representing self Sitka, Alaska POSITION STATEMENT: Testified in support of HB 67. ED MARTIN, representing self Kenai, Alaska POSITION STATEMENT: Testified in support of HB 67. JESSICA VAUDREUIL, representing self Shishmaref, Alaska POSITION STATEMENT: testified during the hearing on HB 67. SUKI MILLER, Executive Director Victims for Justice Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 67. ROBERT BALLINGER, Staff Representative Sarah Vance Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Gave an explanation of Amendment 1 to HB 67, on behalf of Representative Vance. REPRESENTATIVE MIKE PRAX Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Presented CSHB 97(L&C), as the prime sponsor. DANIEL BRYANT, Legal/Legislative Counsel Self Storage Association Alexandria, Virginia POSITION STATEMENT: gave invited testimony during the hearing on CSHB 97(L&C). MARGARET ELLIOT, Staff Representative Mike Prax Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Gave a summary of changes in CSHB 97(L&C), on behalf of Representative Prax, prime sponsor. ACTION NARRATIVE 1:32:39 PM CHAIR VANCE called the House Judiciary Standing Committee meeting to order at 1:32 p.m. Representatives Carpenter, C. Johnson, Sumner, Gray, Groh, and Vance were present at the call to order. 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. HB 97-SELF-STORAGE UNITS: LIENS; SALES  2:22:36 PM CHAIR VANCE announced that the next order of business would be HOUSE BILL NO. 97, "An Act relating to self-storage facilities for personal property, including vehicles and watercraft; distinguishing self-storage facility liens from another type of storage lien; and excluding self-storage liens from the treatment of certain unclaimed property." [Before the committee was CSHB 97(L&C).] 2:23:19 PM The committee took a brief at-ease. 2:24:34 PM REPRESENTATIVE MIKE PRAX, Alaska State Legislature, prime sponsor, presented CSHB 97(L&C). He read the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: 49 states and the District of Columbia have self storage lien statutes. Alaska is the last remaining state without a self storage lien statute. These laws provide for a non-judicial foreclosure process to address and remedy nonpayment issues between the facility owner and the unit renter. Storage liens are the national standard for settling disputes between facility owners and unit renters. Self storage lien laws provide protections for unit renters. HB 97 would require facility owners to include specific information regarding the facility owner's lien rights in the rental agreement. HB 97 would also require the facility owner to wait at least ten (10) days after the unit renter's default to begin lien enforcement. After ten (10) days, the facility owner would be required to send a default notice to the unit renter. If the unit renter does not cure the default, the facility owner would then be required to send a second notice of default to the unit renter that provides an additional 20-day window for the unit renter to cure the default. If the payment issue is not remedied, then HB 97 would permit the facility owner to proceed with a sale. The bill details that process and how proceeds from that sale must be applied. HB 97 also provides certainty and protection for storage facility owners. The bill would provide a specific statutory process for facility owners to follow to enforce their lien rights in the state. 2:27:40 PM DANIEL BRYANT, Legal/Legislative Counsel, Self Storage Association, gave invited testimony during the hearing on CSHB 97(L&C), which would require owners to follow a unified procedure after default. He provided information on the [storage] industry's background, noting that Alaska is the only state without a self-storage statute addressing liens. Statutory lien laws are important, he said, because they provide a basic legal framework and guardrails to protect both owners and occupants. The bill would ensure that several steps were taken before a sale, starting with a written rental agreement that informs the occupant of the lien and the inevitable sale or disposal of the property upon default. He noted that the law would not apply to active-duty service members, as they are protected under the Servicemembers Civil Relief Act (SCRA). Should default occur, the owner must send at least two notices to the occupant and provide an opportunity to cure. The first notice may be sent by email or First-Class Mail; the second notice may be sent by email, Certified Mail, or US mail with a certificate of mailing at least 10 days after the first notice and provide a minimum of 20 days to cure the default. If the occupant is generally unresponsive, the owner would be afforded three remedies: tow certain titled property, proceed with the sale, or dispose of property that receives no bid or offer. 2:33:32 PM MR. BRYANT explained that national lien sales are not money makers for storage owners. The primary objective of those sales is to return the unit back to inventory and re-rent the unit to a paying customer. He noted that all occupants may exercise their redemption rights until the sale is final. Lastly, the bill outlines the order of payment from proceeds obtained from the sale. After paying the facility owner and lien holders, any excess balance would be held by the facility owner for three years, and if unclaimed, the money would be remitted to the state. He opined that HB 97 strikes an appropriate balance between facility owners and unit renters and asked the committee's support to bring a self-storage lien statute to Alaska. CHAIR VANCE sought questions from committee members. 2:36:02 PM REPRESENTATIVE C. JOHNSON asked whether all states allow email notifications. REPRESENTATIVE PRAX deferred to Mr. Bryant. MR. BRYANT answered yes, email is an extraordinarily common means of effectuating the notice. More than 40 states expressly permit that form of notification in statute. 2:37:15 PM REPRESENTATIVE GRAY asked why Alaska was so far behind. REPRESENTATIVE PRAX did not know the answer. 2:37:51 PM CHAIR VANCE asked whether the timeframe outlined in the bill was sufficient to notify someone about the loss of their property given the unreliability of timely mail in Alaska. REPRESENTATIVE PRAX said yes, 30 days seemed reasonable. CHAIR VANCE asked what kind of notification would be provided to a renter when making the agreement and whether expectations would be clearly communicated. MR. BRYANT confirmed that the agreement would be written, informing the occupant of the lien's existence and ultimately, what would transpire should monetary default occur. 2:40:53 PM CHAIR VANCE questioned the sale and disposal of property in Section 34 and asked Mr. Bryant to describe the notification of sale, as proposed in the bill. MR. BRYANT shared his understanding that as a matter of practice, every facility owner goes above and beyond the statutory minimum to remedy the payment dispute in a manner that does not require sale of the property. Nonetheless, he acknowledged that the bill required nothing more of facility owners subsequent to the second notice being sent. REPRESENTATIVE PRAX directed attention to page 3, line 15, which described the second notice of default. 2:44:27 PM REPRESENTATIVE C. JOHNSON asked whether there would be recourse for disposing of illegal property or property that is costly to dispose of, such as batteries. REPRESENTATIVE PRAX said the bill does not address those scenarios; nonetheless, he shared his understanding that the facility owner would be liable. 2:47:03 PM REPRESENTATIVE GRAY questioned the magnitude of this issue in Alaska. REPRESENTATIVE PRAX did not know the answer. He directed the question to Mr. Bryant. MR. BRYANT did not have specific data on Alaska. Nationally, approximately 1 to 3 percent of units go through the sale and auction process. In other words, 97 to 99 percent of unit renters follow the terms and conditions of the rental agreement. REPRESENTATIVE PRAX shared a personal anecdote. 2:49:51 PM REPRESENTATIVE CARPENTER inquired about a scenario in which a vehicle with a lien was stored in a unit under default. REPRESENTATIVE PRAX explained that as written, the facility owner's lien would supersede the bank's lien. He shared his understanding that a forthcoming amendment would make it so the bank's lien would supersede the facility owner's lien. 2:52:28 PM The committee took a brief at-ease. 2:53:24 PM REPRESENTATIVE PRAX clarified his misstatement, acknowledging that CSHB 97(L&C) was before the committee. He asked his staff, Ms. Elliot, to explain the changes from the original version of the bill. 2:53:47 PM MARGARET ELLIOT, Staff, Representative Mike Prax, Alaska State Legislature, on behalf of Representative Prax, prime sponsor, presented a summary of changes in CSHB 97(L&C) [included in the committee packet], which read as follows [original punctuation provided]: Section 3, page 2, lines 19-20: • Adds language requiring the unit renter to disclose on the rental agreement any lien holders that may have an interest in the stored property. Section 3, page 3, lines 5-6: • Adds the following language: "and any other lien holder identified in the rental agreement". Requires a facility owner to notify any lien holders that a unit renter is in default in the same manner the unit renter is notified. All other sections remain unchanged. 2:55:02 PM REPRESENTATIVE CARPENTER reaffirmed that CSHB 97(L&C) was before the committee, not the original version of the bill. 2:55:39 PM The committee took a brief at-ease. 2:56:17 PM CHAIR VANCE announced that CSHB 97(L&C) would be held over. 2:57:20 PM ADJOURNMENT  There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 2:57 p.m.