ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 21, 2012
1:30 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator John Coghill
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
BOARD AND COMMISSION CONFIRMATIONS
Parole Board
Michael Stark, Juneau, AK
- CONFIRMATION ADVANCED
Violent Crimes Compensation Board
Dr. Regina Chennault, Anchorage, AK
- CONFIRMATION ADVANCED
Police Standards Council
Gustaf Sandahl, Kenai, AK
Sheldon Schmitt, Sitka, AK
Ronald Taylor, Anchorage, AK (
- CONFIRMATIONS ADVANCED
HOUSE BILL NO. 80
"An Act relating to self defense in any place where a person has
a right to be."
- MOVED HB 80 OUT OF COMMITTEE
SENATE BILL NO. 7
"An Act relating to the civil rights of felons."
- MOVED SB 7 OUT OF COMMITTEE
SENATE BILL NO. 110
"An Act relating to human trafficking; and relating to
sentencing and conditions of probation in criminal cases
involving sex offenses."
- MOVED CSSB 110(JUD) OUT OF COMMITTEE
SENATE BILL NO. 151
"An Act relating to mitigation at sentencing in a criminal case
for a defendant found by the court to have been affected by a
fetal alcohol spectrum disorder."
- MOVED CSSB 151(JUD) OUT OF COMMITTEE
SENATE BILL NO. 198
"An Act establishing procedures relating to issuance,
suspension, or revocation of certification of police officers by
the police standards council; making certain court service
officers subject to certification by the police standards
council; making confidential certain information that personally
identifies a police officer; relating to requesting or requiring
police officers to submit to lie detector tests; repealing a
provision exempting certain police officers from a prohibition
against requiring certain employees to submit to lie detector
tests; and providing for an effective date."
- HEARD & HELD
CS FOR HOUSE BILL NO. 6(JUD) am
"An Act authorizing the governor to remove or suspend a member
of the Board of Regents of the University of Alaska for good
cause; and establishing a procedure for the removal or
suspension of a regent."
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 200
"An Act establishing certain procedures related to the
identification of suspects by eyewitnesses to criminal
offenses."
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 210
"An Act relating to crimes against children; establishing a new
aggravating factor at sentencing in certain crimes against
children; relating to criminal nonsupport; adding to the list of
crimes against children that bar the Department of Public Safety
from issuing to a person a license to drive a school bus; adding
an exception to a provision that requires the Department of
Health and Social Services to make timely, reasonable efforts to
provide family support services to prevent out-of-home placement
of a child; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 80
SHORT TITLE: SELF DEFENSE
SPONSOR(s): REPRESENTATIVE(s) NEUMAN, FEIGE, LYNN, COSTELLO
01/18/11 (H) PREFILE RELEASED 1/14/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) JUD, FIN
02/09/11 (H) JUD AT 1:00 PM CAPITOL 120
02/09/11 (H) Heard & Held
02/09/11 (H) MINUTE(JUD)
02/11/11 (H) JUD AT 1:00 PM CAPITOL 120
02/11/11 (H) Moved Out of Committee
02/11/11 (H) MINUTE(JUD)
02/14/11 (H) JUD RPT 4DP 1DNP 1NR
02/14/11 (H) DP: KELLER, THOMPSON, LYNN, GATTO
02/14/11 (H) DNP: HOLMES
02/14/11 (H) NR: GRUENBERG
03/08/11 (H) FIN AT 9:00 AM HOUSE FINANCE 519
03/08/11 (H) Heard & Held
03/08/11 (H) MINUTE(FIN)
03/30/11 (H) FIN AT 5:00 PM HOUSE FINANCE 519
03/30/11 (H) -- MEETING CANCELED --
04/04/11 (H) FIN AT 6:00 PM HOUSE FINANCE 519
04/04/11 (H) Moved Out of Committee
04/04/11 (H) MINUTE(FIN)
04/05/11 (H) FIN RPT 5DP 3NR
04/05/11 (H) DP: FAIRCLOUGH, T.WILSON, COSTELLO,
STOLTZE, THOMAS
04/05/11 (H) NR: GUTTENBERG, JOULE, DOOGAN
04/09/11 (H) TRANSMITTED TO (S)
04/09/11 (H) VERSION: HB 80
04/11/11 (S) READ THE FIRST TIME - REFERRALS
04/11/11 (S) JUD, FIN
03/07/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/07/12 (S) Heard & Held
03/07/12 (S) MINUTE(JUD)
03/16/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/16/12 (S) Heard & Held
03/16/12 (S) MINUTE(JUD)
03/21/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 7
SHORT TITLE: FELONS' RIGHT TO VOTE OR BE JURORS
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, JUD
02/03/11 (S) STA AT 9:00 AM BUTROVICH 205
02/03/11 (S) Heard & Held
02/03/11 (S) MINUTE(STA)
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
03/08/11 (S) Moved SB 7 Out of Committee
03/08/11 (S) MINUTE(STA)
03/09/11 (S) STA RPT 1DNP 4NR
03/09/11 (S) DNP: GIESSEL
03/09/11 (S) NR: WIELECHOWSKI, KOOKESH, PASKVAN,
MEYER
03/09/11 (S) FIN REFERRAL ADDED AFTER JUD
03/10/11 (S) STA AT 9:30 AM BUTROVICH 205
03/10/11 (S) <Moved Out 3/8/11>
03/10/11 (S) MINUTE(STA)
03/21/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/21/11 (S) Heard & Held
03/21/11 (S) MINUTE(JUD)
03/21/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 110
SHORT TITLE: HUMAN TRAFFICKING/SEX OFFENSES
SPONSOR(s): SENATOR(s) WIELECHOWSKI
03/21/11 (S) READ THE FIRST TIME - REFERRALS
03/21/11 (S) JUD, FIN
03/30/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/30/11 (S) Heard & Held
03/30/11 (S) MINUTE(JUD)
02/17/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/17/12 (S) Heard & Held
02/17/12 (S) MINUTE(JUD)
03/16/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/16/12 (S) Scheduled But Not Heard
03/21/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 151
SHORT TITLE: FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR
SPONSOR(s): SENATOR(s) MEYER
01/17/12 (S) PREFILE RELEASED 1/13/12
01/17/12 (S) READ THE FIRST TIME - REFERRALS
01/17/12 (S) HSS, JUD
03/05/12 (S) HSS AT 1:30 PM BUTROVICH 205
03/05/12 (S) Moved CSSB 151(HSS) Out of Committee
03/05/12 (S) MINUTE(HSS)
03/06/12 (S) HSS RPT CS 4DP NEW TITLE
03/06/12 (S) DP: DAVIS, DYSON, MEYER, EGAN
03/12/12 (S) JUD AT 12:30 AM BELTZ 105 (TSBldg)
03/12/12 (S) Heard & Held
03/12/12 (S) MINUTE(JUD)
03/21/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 198
SHORT TITLE: POLICE OFFICER PROTECTIONS/CERTIFICATION
SPONSOR(s): STATE AFFAIRS
02/17/12 (S) READ THE FIRST TIME - REFERRALS
02/17/12 (S) STA, JUD
03/01/12 (S) STA AT 9:00 AM BUTROVICH 205
03/01/12 (S) Heard & Held
03/01/12 (S) MINUTE(STA)
03/06/12 (S) STA AT 9:00 AM BUTROVICH 205
03/06/12 (S) Moved CSSB 198(STA) Out of Committee
03/06/12 (S) MINUTE(STA)
03/07/12 (S) STA RPT CS 1DP 2NR 1AM NEW TITLE
03/07/12 (S) DP: WIELECHOWSKI
03/07/12 (S) NR: MEYER, GIESSEL
03/07/12 (S) AM: PASKVAN
03/19/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/19/12 (S) Heard & Held
03/19/12 (S) MINUTE(JUD)
03/21/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
MICHAEL STARK, Appointee
State Board of Parole
Juneau, AK
POSITION STATEMENT: Testified as appointee to the State Board of
Parole.
DOCTOR REGINA CHENNAULT, Appointee
Violent Crimes Compensation Board
Anchorage, AK
POSITION STATEMENT: Testified as appointee to the Violent Crimes
Compensation Board.
RONALD TAYLOR, Appointee
Alaska Police Standards Council
Anchorage, AK
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
SHELDON SCHMITT, Appointee
Alaska Police Standards Council
Sitka, AK
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
ROBERT SHELDON, Appointee
Commission on Judicial Conduct
Anchorage, AK
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
ANNE CARPENETI, Assistant Attorney General
Criminal Division
Department of Law (DOL)
Juneau, AK
POSITION STATEMENT: Answered questions on HB 80 and delivered a
sectional analysis on SB 110.
KENDRA KLOSTER
Staff to Senator Bill Wielechowski
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Delivered a sectional analysis on SB 110.
CHRISTINE MARASIGAN
Staff to Senator Kevin Meyer
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Explained the changes in the CS for SB 151,
version U.
DAVE SEXTON, Executive Director
Alaska Police Standards Council (APSC)
Juneau, AK
POSITION STATEMENT: Testified in opposition to SB 198.
JOHN SKIDMORE, Director
Criminal Division
Department of Law (DOL)
Anchorage, AK
POSITION STATEMENT: Raised two concerns with SB 198.
JAKE METCALFE, Executive Director
Public Safety Employees Association (PSEA), Local 803
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 198.
ACTION NARRATIVE
1:30:02 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:30 p.m. Present at the call to
order were Senators Paskvan, Wielechowski, and Chair French.
Senator Coghill arrived soon thereafter.
^CONFIRMATION HEARING(S):
^Parole Board
1:30:22 PM
CHAIR FRENCH announced the first order of business would be the
confirmation of the reappointment of Michael Stark to the Parole
Board.
1:31:08 PM
MICHAEL STARK, Appointee, State Board of Parole, stated that
following a 27-year career with the Department of Law (DOL) he
served two five-year terms on the Parole Board, and was looking
forward to serving a third term.
CHAIR FRENCH asked what more he had to learn and why the
Legislature should send him back to serve another term.
MR. STARK replied he had more to learn about what makes people
who commit crimes tick. He noted that about one-third of the
board's work is devoted to entertaining applications for
discretionary parole and two-thirds is revocation hearings, most
of which is mandatory parole.
1:33:30 PM
CHAIR FRENCH asked what is most difficult about deciding to
revoke someone's parole or not.
MR. STARK replied it is the balance between public safety and
doing what will most likely help someone succeed upon release.
SENATOR COGHILL asked if anything could be done to make "good
time" [time off the sentence for good behavior] more
significant.
MR. STARK replied the current system acts as an incentive to
stay out of trouble, and he wouldn't recommend any changes at
this point.
SENATOR PASKVAN asked how the concept of "smart justice" fit
with his job on the Parole Board.
MR. STARK explained that the Parole Board and staff recently
attended training that touched on evidence-based practices. More
training is necessary, but the approach holds great promise, he
said.
1:36:51 PM
CHAIR FRENCH thanked Mr. Stark.
^Violent Crimes Compensation Board
CHAIR FRENCH announced the next order of business would be the
confirmation of the reappointment of Dr. Regina Chennault to the
Violent Crimes Compensation Board. He asked her to tell the
committee why she wanted to continue to serve.
1:37:00 PM
DOCTOR REGINA CHENNAULT, Appointee, Violent Crimes Compensation
Board, said she was a trauma surgeon in Anchorage and had served
as the physician member of the board for several terms. She
values the service the board provides would like to continue to
serve and take care of Alaskans in need.
CHAIR FRENCH thanked Dr. Chennault for her continued service and
stated that Alaska was lucky to have someone with her skills in
that position.
DR. CHENNAULT responded that the Legislature was always very
helpful and responsive to the board.
SENATOR WIELECHOWSKI expressed appreciation for Dr. Chennault's
advocacy.
1:38:38 PM
SENATOR COGHILL thanked Dr. Chennault for her service and asked
what the board could do to serve victims better.
DR. CHENNAULT said the board held one meeting in a Fairbanks
shelter, and it would probably be helpful to do more outreach
like that.
1:40:23 PM
CHAIR FRENCH thanked Dr. Chennault.
^Police Standards Council
1:41:47 PM
CHAIR FRENCH announced the next order of business would be the
confirmation of the appointment of Ronald Taylor to the Police
Standards Council. He asked Mr. Taylor to tell the committee why
he wanted to serve on the Alaska Police Standards Council.
RONALD TAYLOR, Appointee, Alaska Police Standards Council, said
he was the current division director for probation and parole,
and was eager to serve and represent corrections on the Alaska
Police Standards Council. He had not attended any meetings in
the past.
CHAIR FRENCH asked what he knew about what the Alaska Police
Standards Council does.
MR. TAYLOR said part of the council's role is to ensure
consistency and the equal application of standards throughout
the law enforcement community.
CHAIR FRENCH said he had known Mr. Taylor for over a decade and
was confident he was right for this position. He asked if the
members had any questions for Mr. Taylor.
1:43:44 PM
SENATOR WIELECHOWSKI said he did not want the public to think
that the lack of questions meant that the committee was not
exercising due diligence. Many of the appointees had previously
appeared before the committee and had done a good job.
CHAIR FRENCH agreed that when you know a person and trust their
judgment, you trust that they will make a fair decision.
SENATOR PASKVAN opined that Mr. Taylor's extensive resume and
impressive experience spoke volumes.
CHAIR FRENCH thanked Mr. Taylor.
1:45:20 PM
CHAIR FRENCH announced the next order of business would be the
confirmation of the reappointment of Sheldon Schmitt to the
Alaska Police Standards Council.
SHELDON SCHMITT, Appointee, Alaska Police Standards Council,
said he was the Chief of Police for Sitka and currently served
as chair of the Alaska Police Standards Council. He said he
believed in the mission statement of the council and was
interested in continuing to serve.
CHAIR FRENCH reviewed Mr. Schmidt's resume and noted that he
graduated Magna Cum Laude from the University of Minnesota with
a Bachelor of Science degree in criminal justice, and received a
master's degree from the University of Alaska, Fairbanks in
criminal justice. He spent 12 years in law enforcement, and was
currently the Chief of Police in Sitka. He thanked Mr. Schmitt..
CHAIR FRENCH announced the next order of business would be the
confirmation of the appointment of Gustaf Sandahl to the Alaska
Police Standards Council. He asked Chief Sandahl to tell the
committee why he wanted to serve on the council.
1:47:46 PM
Gustaf Sandahl, Appointee, Alaska Police Standards Council, said
he was the Chief of Police for Kenai, and had been a Kenai
police officer since 1995. He wanted to serve on the Alaska
Police Standards Council to do his part, as many other Kenai
chiefs of police had done. He said he had attended public
council meetings for the last several years. He listed 17 years
in law enforcement, 10 years as a police supervisor, experience
as a polygraph examiner, and personal integrity as an indication
of what he had would bring to the council.
CHAIR FRENCH asked if he was taking one of the four police chief
positions on the council.
MR. SANDAHL said that was correct.
CHAIR FRENCH asked if board appointees served as functioning
members prior to legislative confirmation.
MR. SANDAHL replied that was his understanding and experience.
CHAIR FRENCH reviewed Chief Sandahl's resume that included
commercial fisherman, construction laborer, associate board
member of the FBI national academy, sex assault response team
training, Crime Stoppers International training, and a host of
criminal justice related trainings. He found no further
questions and thanked Chief Sandahl.
^Commission on Judicial Conduct
CHAIR FRENCH announced the next order of business would be the
confirmation of the reappointment of Robert Sheldon to the
Commission on Judicial Conduct. He asked Mr. Sheldon to tell the
committee why he was interested in continuing to serve on the
commission.
1:51:42 PM
ROBERT SHELDON, Appointee, Public Member, Commission on Judicial
Conduct, said he was currently the vice chair of the commission.
He relayed that he was a third-generation Alaskan who followed a
family example of civil service volunteering. He explained that
his education, work, and interest in finance and economics
extend to understanding the interconnections with the judiciary.
The commission stands for the rule of law and by serving on the
commission he was doing his part to ensure recourse for anyone
who believed that a judge exhibited impaired conduct.
CHAIR FRENCH noted that he was a public member who was not a
judge, retired judge, or member of the state bar.
MR. SHELDON confirmed that was correct.
CHAIR FRENCH said it is important for the public to know that
the commission is an impartial body that looks at the behavior
of judges, and its actions could have a powerful effect on the
career of a judge.
MR. SHELDON agreed.
1:56:37 PM
SENATOR WIELECHOWSKI asked if he believed that there should be a
discussion about how Alaska selects its judges.
MR. SHELDON replied he did not have an opinion about whether the
current process was right or wrong, but it was structured
thoughtfully and it worked.
CHAIR FRENCH found no further questions and thanked Mr. Sheldon.
CHAIR FRENCH noted that Brad Reich, appointee to the Police
Standards Council, was not available, and that the committee
would consider his name at a later hearing.
1:58:50 PM
SENATOR WIELECHOWSKI moved to report the names Robert Sheldon,
Gustaf Sandahl, Sheldon Schmitt, Ronald Taylor, Regina
Chennault, and Michael Stark to a joint session of the Alaska
State Legislature for consideration.
CHAIR FRENCH announced that without objection the names would be
forwarded to the joint body for consideration.
At ease from 1:59 p.m. to 2:00 p.m. to sign paperwork.
HB 80-SELF DEFENSE
2:00:35 PM
CHAIR FRENCH reconvened the hearing and announced the
consideration of HB 80. He asked Ms. Carpeneti to come forward
to answer a question.
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law (DOL), introduced herself.
SENATOR WIELECHOWSKI asked if the testimony Mr. Fayette
presented during the previous hearing in any way changed DOL's
position on HB 80.
2:01:35 PM
MS. CARPENETI replied it was her understanding that the
administration of the State of Alaska supported HB 80.
SENATOR WIELECHOWSKI asked if that meant that DOL did not share
the concerns that Mr. Fayette raised.
MS. CARPENETI replied the Department of Law supported HB 80,
although individual people may feel differently.
SENATOR WIELECHOWSKI asked for confirmation that the department
assessed the concerns raised by Mr. Fayette and continued to
support the bill.
MS. CARPENETI confirmed that DOL continued to support the bill.
2:02:08 PM
SENATOR WIELECHOWSKI moved to report HB 80 from committee with
individual recommendations and attached fiscal note(s).
CHAIR FRENCH stated that he was not a huge fan of the bill, but
was honoring his pledge to allow it to move through the process.
Finding no objection, he announced that HB 80 moved from the
Senate Judiciary Standing Committee.
At ease from 2:02 p.m. to 2:03 p.m. to sign paperwork.
SB 7-FELONS' RIGHT TO VOTE OR BE JURORS
2:03:47 PM
CHAIR FRENCH reconvened the hearing and announced the
consideration of SB 7. He summarized that the bill had been in
the possession of the committee for about a year and had not
changed since it was heard last. He asked if there was any
discussion.
SENATOR COGHILL said he would not object to the bill because he
did not have a solution, but he continued to have the
reservations he expressed a year ago.
CHAIR FRENCH said he, too, had questions but the committee
worked on the bill and it was unfair to hold it further.
2:05:02 PM
SENATOR WIELECHOWSKI moved to report SB 7 from committee with
individual recommendations and attached fiscal note(s).
CHAIR FRENCH announced that without objection, SB 7 moved from
Senate Judiciary Standing Committee.
SB 110-HUMAN TRAFFICKING/SEX OFFENSES
2:05:47 PM
CHAIR FRENCH announced the consideration of SB 110 and asked for
a motion to adopt the proposed committee substitute (CS).
SENATOR WIELECHOWSKI moved to adopt the CS for SB 110, labeled
27-LS0646\X, as the working document.
CHAIR FRENCH announced that without objection, version X was
before the committee.
2:07:05 PM
KENDRA KLOSTER, staff to Senator Bill Wielechowski, explained
that version X combined provisions of SB 110 and SB 218. She
said that sections 1, 2, 11-15, 17, 20-29 were conforming
amendments to change the term "prohibiting prostitution" to "sex
trafficking." The change in terminology was part of SB 218.
Section 3 was part of SB 218. It adds the crime of human
trafficking in the first degree and sex trafficking in the first
degree to felonies described under "most serious felony
offenses."
CHAIR FRENCH asked Ms. Carpeneti the meaning of "serious felony
offense."
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law (DOL), explained that the crimes described as
serious felony offense are the ones that are subject to
conspiracy prosecution.
MS. KLOSTER said sections 4-8 were part of SB 110. [Section 4
adds new Sec. 11.41.355. Human trafficking in the first degree
would be an unclassified felony and apply to persons under age
18.] Section 5 [amends AS 11.41.360(a)] and would apply to
persons over age 18. It removes the phrase "come to this state
to" so that it addresses human trafficking both across state
lines and within the state.
2:09:49 PM
CHAIR FRENCH said the committee struggled to define movement and
finally decided that the idea of geography did not play in as
strongly as the act of forcing someone to engage in sexual
conduct, adult entertainment, or labor by force, threat of
force, or deception. Compelling someone to cross the street to
engage in sexual conduct is trafficking.
SENATOR COGHILL asked if, because of kidnapping, there would
still be some application in Section 3 under AS 11.31.120.
MS. CARPENETI explained that the bill provides that human
trafficking in the first degree, an unclassified felony, would
be subject to conspiracy prosecution. It would depend on the
facts whether it would also be a kidnapping offense, but
kidnapping is an offense under the conspiracy law.
SENATOR COGHILL said he wanted to make sure that Section 5 would
apply to someone lured from a village under false pretense.
CHAIR FRENCH responded that that was the intention, and asked
Ms. Carpeneti if that would be covered by Section 5.
MS. CARPENETI answered yes, but the current draft did not
require movement of a person from a village to Anchorage, for
example, as an element of the offense. It does require the other
elements of the offense, which is to compel or induce another
person to engage in the conduct by use of force, threat of
force, or deception.
SENATOR PASKVAN pointed out that conspiracy takes two or more
persons, and asked if it would still be a violation of human
trafficking if one person were to induce or coerce another
person.
MS. CARPENETI replied it could be a violation of human
trafficking, but it would not be conspiracy because that takes
two or more people agreeing and one person acting.
SENATOR PASKVAN said he did not want to create an exception if a
person acted alone.
CHAIR FRENCH clarified that Section 3 said the listed offenses
could be conspiracy.
2:13:32 PM
MS. CARPENETI added that the crimes listed were all very serious
offenses that could be subject to the conspiracy law.
SENATOR PASKVAN said he understood, but wanted the record to be
clear.
CHAIR FRENCH said it's worth taking time to articulate the
intent.
2:14:05 PM
MS. KLOSTER said Section 6 was part of the original SB 110. [It
amends AS 11.41.360(c)] to make human trafficking in the second
degree a class A felony.
Section 7 was from SB 110. [It amends AS 11.41.365 to make human
trafficking in the third degree a class B felony.]
Section 8 [amends AS 11.41.370] and defines "adult
entertainment" and "sexual conduct."
Section 9 was in the original SB 218. It raises the penalty for
a patron of prostitution from a class B misdemeanor to a class C
felony. Sections 9 and 10 also add an affirmative defense, which
was not in the original bill.
MS. CARPENETI added that it raises the penalty for being a
patron of a prostitute to a class C felony if the prostitute is
under age 18, or the patron is age 18 or older and at least
three years older than the prostitute is. Under other
circumstances, the offense is still a class B misdemeanor. The
affirmative defense of reasonable mistake of age would apply if
the defendant took reasonable steps to verify the age of the
prostitute.
CHAIR FRENCH asked the reasoning behind the age differential in
Section 10. Prostitution is a class B misdemeanor unless the
defendant is over age 18 and at least three years older than the
prostitute.
MS. CARPENETI related that the reason for the age differential
is the same as in the sexual abuse of a minor statute. An older
person generally has more influence and power over a teen,
making it easier to induce the teen to engage in certain
conduct.
2:17:04 PM
SENATOR COGHILL asked if it was previously a crime to be a
patron of prostitution.
MS. CARPENETI replied it became a crime to be a patron of a
prostitute in 2007. This is an improvement because the age
differential makes a big difference for a young victim.
MS. KLOSTER said sections 11-15 change the term "promoting
prostitution" to "sex trafficking."
Section 16 adds the crime of sex trafficking in the fourth
degree to those crimes that do not require corroboration of
testimony.
Section 17 amends AS 11.81.250(a) changing the term "promoting
prostitution" to "sex trafficking," and adding the crime of
"human trafficking in the first degree under AS 11.41.355."
Section 18 adds the crime of "sex trafficking in the first
degree under AS 11.66.110(a)(2)" to AS 11.81.250(b). This
provision was previously in SB 218.
2:20:08 PM
MS. CARPENETI suggested the committee add human trafficking in
the first degree to Section 18, because it is an unclassified
felony under this bill.
2:20:53 PM
CHAIR FRENCH moved Conceptual Amendment 1.
Conceptual Amendment 1
Page 8, line 24:
Following "AS 11.66.110(a)(2),"
Insert "human trafficking in the first
degree,"
SENATOR WIELECHOWSKI questioned the wisdom of stating the exact
location of the phrase.
CHAIR FRENCH said he was open to reasonable accommodation if the
drafter wanted to place it elsewhere within Section 18. Finding
no objection, he announced that Conceptual Amendment 1 was
adopted.
2:23:00 PM
MS. KLOSTER said Section 19 amends AS 12.55.035(b) changing the
term "promoting prostitution" to "sex trafficking," and adding
the crime of "human trafficking in the first degree under AS
11.41.355" to subsection (b)(1).
[Section 20 amends AS 12.55.085(f) adding AS 11.41.355 -
AS 11.41.365 to the list of violations in subsection (f)(1).]
MS. CARPENETI clarified that this adds human trafficking to
those crimes that do not qualify for a suspended imposition of
sentence (SIS).
MS. KLOSTER said Section 21 [amends AS 12.55.125] changing the
term "promoting prostitution" to "sex trafficking," and adding
the crime of "human trafficking in the first degree under AS
11.41.355."
CHAIR FRENCH directed attention to page 10, line 23, and
questioned why in this section human trafficking was modified by
the phrase "involving sexual conduct or adult entertainment."
2:24:12 PM
MS. CARPENETI explained that AS 12.55.125(i) deals with
heightened sentencing ranges for certain serious sex offenses.
Sexual conduct or adult entertainment probably was specified so
as to not import labor into these higher ranges, because it is
not really a sex offense.
CHAIR FRENCH summarized that while there is a law against
bringing someone to a fish plant, for example, to perform simple
labor, it is not a sex crime.
MS. CARPENETI said that is correct, and it should not be subject
to the sentencing ranges for serious sex offense.
2:25:24 PM
CHAIR FRENCH asked for an explanation of the provision in
Section 21 on page 11, lines 22-24.
MS. CARPENETI explained that the idea was the same as paragraph
(2). It adds "attempt, conspiracy, or solicitation to commit
human trafficking in the second degree" so as to not include
labor in the heightened ranges for sex offenses.
SENATOR COGHILL asked if conspiracy or solicitation becomes the
key element.
MS. CARPENETI explained that human trafficking under AS
11.41.360 is the target offense and a class A felony, but
subsection (i)(3) deals generally with class B felonies.
"Attempt, conspiracy, or solicitation to commit human
trafficking in the second degree under AS 11.41.360 involving
sexual conduct or adult entertainment," was added to the other
class B felonies in paragraph (3) within the larger group of sex
offenses, which are subject to a higher range under the law.
2:27:43 PM
MS. KLOSTER said Section 22 changes the term "promoting
prostitution" to "sex trafficking," and adds "online enticement
of a minor under AS 11.41.452(e)" as a most serious felony.
MS. CARPENETI explained that Section 23 corrects omissions made
when the sentencing law was changed several years ago. The
crimes of "human trafficking in the first degree, sex
trafficking in the first degree under AS 11.66.110(a)(2),"
"online enticement of a minor," and "human trafficking in the
second degree involving sexual conduct or adult entertainment"
were added to the definition of "sexual felony" under AS
12.55.185(16).
MS. KLOSTER said Section 24 adds "human trafficking in the first
degree under AS 11.41.355" and "sex trafficking in the first
degree under AS 11.66.110(a)(2) to the definition of "sex
offense" under AS 12.63.100(6).
Section 25 changes the term "promoting prostitution" to "sex
trafficking," and adds "human trafficking" to AS 15.80.010(9).
Section 26 changes the term "promoting prostitution" to "sex
trafficking," and adds "human trafficking in the first degree
under AS 11.41.355 and human trafficking in the second degree
involving sexual conduct or adult entertainment" to AS
28.15.046(c)
MS. CARPENETI noted that the provisions added to AS 28.15.046
included those offenses that preclude a person from being a
school bus driver.
MS. KLOSTER said Section 27 changes the term "promoting
prostitution" to "sex trafficking," and adds "human trafficking
in the first degree under AS 11.41.355" to AS 47.12.110(d).
MS. CARPENETI added that, in part, this section deals with the
public release of information about a delinquent minor.
Section 28 is a similar conforming amendment that deals with
public release of agency records for juveniles.
2:31:06 PM
SENATOR WIELECHOWSKI, speaking as the sponsor of SB 110,
explained that Section 29 repeals AS 11.41.360(b)(1) and AS
11.41.360(b)(3) because the definitions of "adult entertainment"
and "sexual conduct" are included elsewhere in the bill.
CHAIR FRENCH noted that both definitions were included in
Section 8.
MS. CARPENETI said Section 30 is the applicability section. The
bill is generally applicable to crimes committed before, on or
after the effective date, but to avoid constitutional concerns
with ex post facto laws, the bill applies on or after the
effective date for the new crimes.
Section 31 has instruction to the revisor of statutes to change
the catch lines and titles for certain crimes from "promoting
prostitution" to "sex trafficking."
Section 32 has an effective date of July 1, 2012.
2:34:18 PM
CHAIR FRENCH opined that SB 110 was largely a revisor's bill
that included a lot of what was in the Governor's sex
trafficking bill, SB 218. Senator Wielechowski filed his bill
last year.
SENATOR WIELECHOWSKI moved to report CS for SB 110, version X as
amended, from committee with individual recommendations and
attached fiscal note(s).
2:35:14 PM
SENATOR COGHILL objected to comment that the policy statement
was good, but he had lingering questions about how it would land
in process and whether it would work for people moved within the
state. He removed his objection.
CHAIR FRENCH encouraged him to talk to DOL or come by his office
for a chat about how this would work. He said not many people go
to prison under these laws, but everyone recognizes that these
are important tools to have available. It is wrong if even one
girl is moved across town or across the state to engage in sex
trafficking.
2:36:41 PM
SENATOR WIELECHOWSKI said the original intention was to change
the statute to eliminate discrimination against Alaskans.
Currently, it is a serious felony to move someone across state
lines to engage in sex trafficking, but it is not a similar
trafficking crime to move someone within the state for the same
purpose. SB 110 attempts to address this disparity. He offered
to work with the department or other committees as the bill
moves forward.
CHAIR FRENCH announced that without objection CSSB 110(JUD)
moved from the Senate Judiciary Standing Committee.
At ease from 2:38 p.m. to 2:39 p.m.
SB 151-FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR
2:39:08 PM
CHAIR FRENCH announced the consideration of SB 151 and asked for
a motion to adopt the proposed committee substitute (CS).
SENATOR WIELECHOWSKI moved to adopt the CS for SB 151, labeled
27-LS1132\U, as the working document.
CHAIR FRENCH announced that without objection, version U was
before the committee.
2:39:33 PM
CHRISTINE MARASIGAN, Staff to Senator Kevin Meyer, explained
that the version U makes two substantive changes. The phrases,
"and except as provided by (20) of this subsection," and "as
determined by a neuropsychological examination." were deleted
from sections 18 and 20 respectively. The first change maintains
the intent to apply the mitigater to lessor crimes, and the
second change alleviates confusion about who diagnoses fetal
alcohol spectrum disorder (FASD).
CHAIR FRENCH summarized that the idea was that it should apply
to crimes not committed against a person, and that there was no
need to place in statute how a judge should determine FASD.
SENATOR COGHILL expressed appreciation to the chair and sponsor
for their work on the bill.
2:42:44 PM
SENATOR WIELECHOWSKI moved to report CS for SB 151, version U,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR FRENCH announced that without objection, CSSB 151(JUD)
moved from the Senate Judiciary Standing Committee.
SB 198-POLICE OFFICER PROTECTIONS/CERTIFICATION
2:43:15 PM
CHAIR FRENCH announced the consideration of SB 198.
SENATOR BILL WIELECHOWSKI, sponsor of SB 198, explained that the
bill provides increased protections and basic due process rights
for police officers faced with potential revocation of their
certificates. Revocations would require a standard of clear and
convincing evidence and follow the Administrative Procedure Act.
The bill also allows the Alaska Police Standards Council to
suspend rather than revoke a certificate when the situation
warrants the lesser punishment. Additional provisions provide
increased protection of personal information and address the
issue of polygraph tests. He noted that the bill packet included
information on a U.S. Supreme Court decision on the
unreliability of polygraph tests.
2:45:36 PM
DAVE SEXTON, Executive Director, Alaska Police Standards Council
(APSC), said the mission statement of APSC is "To produce a
highly trained and positively motivated professional officers,
capable of meeting contemporary law enforcement standards of
performance." He listed the core services provided by APSC and
said SB 198 cuts to the heart of several of these. He
articulated three primary concerns.
MR. SEXTON said the first concern is that SB 198 would inhibit
APSC's ability to decertify an officer. This happens
infrequently, just six times in the last five years. He
explained that APSC staff investigates reported misconduct and
gives the matter to the full council if it is appropriate. The
full council reviews the facts before taking any action, and the
officer has the option of appealing the APSC action through the
court system. Requiring the council to give substantial weight
to prior decisions and to adopt a standard of clear and
convincing evidence singles out the APSC and holds it to a
different standard than the 48 other boards and commissions, he
said.
MR. SEXTON said the second area of concern relates to
restricting the use of polygraphs during a disciplinary
proceeding. Because polygraphs are allowed in both pre-
employment and in investigative situations, the APSC questions
lowering that standard. He said he was not aware of a single
decertification decision that hinged on a polygraph test.
MR. SEXTON said the third area of concern relates to the
requirement to stop providing photographs of officers in action.
The bill would prohibit showing pictures of police officers in
positive situations or hanging officers' pictures in city hall.
This strips APSC of management rights to run progressive,
community-oriented departments. Finally, he asked for a
discussion about a longtime goal of the APSC to remove the words
"full time" from the definition of "police officer." This would
bring part time, seasonal, and reserve officers under APSC
oversight, and protect cities and jurisdictions that try to do
the right thing by hiring additional help only to find that
their employees are operating outside regulations.
He concluded stating that APSC opposes much of SB 198.
2:53:12 PM
CHAIR FRENCH directed attention to Section 7, page 3, lines 28-
29, and asked if he thought that a police officer would object
to having his or her picture hung in city hall, and withhold
authorization.
MR. SEXTON replied that was the concern. If an officer withheld
his or her authorization there would not be a complete picture
of the department.
CHAIR FRENCH asked if he really thought a police officer would
object to having his or her picture displayed.
MR. SEXTON questioned why the provision was in the bill if that
was not the purpose.
SENATOR WIELECHOWSKI asked if he would object to keeping a
police officer's home address confidential.
MR. SEXTON said APSC believes that confidentiality is already
covered, but did not objection to restating it in the bill.
2:54:40 PM
JOHN SKIDMORE, Director, Criminal Division, Department of Law
(DOL), reviewed his professional credentials. Most recently, he
was in charge of special prosecutions that included conflict
cases dealing with peace officers. In his current position, he
provides legal advice to the Alaska Police Standards Council.
MR. SKIDMORE asked the committee to reconsider two provisions.
The first concern is that Section 3 would bind the APSC in an
employment action taken with an officer. He said the APSC
strives to set minimum standards across the state for all
officers to meet initially and after they become officers. The
APSC wants standards of conduct to be consistent, but this
provision requires the council to give substantial weight to the
significance of prior decisions by individual departments, their
lawyers, and court decisions. He questioned why the committee
would want to bind the council's decision-making about who is a
good, quality officer.
2:59:30 PM
SENATOR WIELECHOWSKI asked if he believes that the council
should give some weight to prior arbitrations and court appeals
that found in favor of an officer if that officer is the subject
of a subsequent termination case.
MR. SKIDMORE said it is not a problem if the intent is for the
council to consider that something occurred in the past. The
problem is that the legislative intent and meaning of
"substantial weight" is not clear. If the council's decision has
to mirror something that happened in the past, that interferes
with the ability of the council to have consistency across the
state. He said he gets nervous when he does not know the
legislative intent.
SENATOR WIELECHOWSKI responded that this was establishing the
legislative intent.
SENATOR PASKVAN opined that nothing in the language would bind
the council. To the contrary, the council would simply have to
explain why the appellate procedure or administrative hearing
officer decision is or is not significant.
MR. SKIDMORE said he was comfortable with that reading. He was
testifying to achieve the legislative intent to ensure that
someone could not come back and argue the opposite. The council
is capable of articulating a difference, he said.
SENATOR PASKVAN reiterated that he did not perceive the language
to include a binding requirement.
3:04:14 PM
MR. SKIDMORE said a second concern relates to Section 2 that
requires the council to use the clear and convincing evidence
standard to prove the alleged conduct. He said he believes that
people in public service and law enforcement ought to be held to
a higher standard, because of their position of trust. This
society trusts that people are not going to break the law. If
they do, society trusts that law enforcement will help hold
those people accountable. When someone breaks the law, there is
a breakdown in some trust, and when it is a law enforcement
officer or someone in that public service the violation of trust
is twofold. The law was broken, and the person who was supposed
to be upholding law is the one who broke it. That is significant
and very offensive because it infringes upon the trust and
credibility that society holds in those institutions that are
supposed to provide protection.
He said he heard the sponsor say that some organizations have a
higher standard of evidence than clear and convincing, but he
did not know which ones.
SENATOR WIELECHOWSKI relayed that his staff asked Legislative
Research to provide that information, but his understanding is
that the Alaska Bar Association (ABA) uses the clear and
convincing evidence standard. He offered to follow up with
clarifying information.
MR. SKIDMORE pointed out that the ABA was not one of the
organizations listed under AS 44.62.330-44.62.630, the governing
Act set forth in the bill. To increase the burden of proof
indicates that the Legislature does not trust the credibility
and discretion of the council. That seems counterproductive, he
said.
3:09:04 PM
JAKE METCALFE, Executive Director, Public Safety Employees
Association (PSEA) Local 803, said he represents about 800
certified and non-certified police department employees. He
briefly reviewed his legal career and said he wanted to talk
specifically about the burden of proof, consideration of prior
arbitration decisions, and why PSEA supports the bill.
He described three PSEA termination cases where the arbitrators
ruled that the employees should get their jobs back. The state
challenged each ruling in superior court and lost. Two of the
cases went to the state supreme court that upheld both
decisions. Two of the cases went to the Police Standards
Council, and the council revoked one certificate. The hearing
officer challenged the decision because there was not a
preponderance of proof.
MR. METCALFE said that when the facts do not change between the
arbitration hearing and council hearing, it is reasonable to ask
the council to pay attention to those decisions and then require
the same standard that has been followed through the employment
procedure.
3:14:14 PM
SENATOR WIELECHOWSKI expressed a desire to hear different views
on the display of photographs, and weighing the public trust
against the employee's right to due process.
CHAIR FRENCH suggested that dialogs could happen in offices and
over the telephone. He held SB 198 in committee.
3:15:38 PM
There being no further business to come before the committee,
Chair French adjourned the Senate Judiciary Standing Committee
meeting at 3:15 p.m.