Alaska Legislature: Senate Judiciary, 4/24/26, 1:30pm

Let's call this meeting of the Senate Judiciary Committee to order. It is 1:31 PM on Friday, May— April 24th. I'm getting ahead of myself. 2026. Before we begin, I want to thank Juliana Singh, the Senate Judiciary Secretary, who makes sure we have a transcript of our meetings, and Doug Bridges from the Juneau LEO, who makes sure we have sound.

At this time, I want I want to remind committee members and all those in the room to please silence your cell phones. Present today we have Senator Tilton, Senator Stevens, Senator Tobin, my vice chair Senator Keele, myself Senator Clayman. We have a quorum to conduct business.

The first item on our agenda today is House Bill 239, criminally negligent homicide, failure to assist, sponsored by Representative Kopp. This is the 6th hearing of the bill in the Senate. Senate Judiciary Committee. Today we'll be taking invited and public testimony. Here for invited testimony first is Brenda Stanfield, Executive Director of the Alaska Network on Domestic Violence and Sexual Assault.

Ms. Stanfield, if you please come forward, identify yourself for the record, and, and since you're invited, you get 3 minutes.

Thank you. My name is Brenda Stanfield. I'm the Executive Director of the Alaska Network on Domestic Violence and Sexual Assault. I thank you for the opportunity to testify regarding our support for HB 239, also known as the Omnibus Crime Bill. We appreciate the Judiciary Committee for bringing the many crime bills that were going through their process into one bill so we could ensure they make it through the steps necessary to become law at the end of this legislative session.

We know this was no easy task. There are 5 specific bills that have been added to HB 239 that will create additional protections for victims of domestic violence and sexual assault. And increase safety for all Alaskans. With the addition of House Bill 101, we will now have a new age of consent for minors with a close-in-age exception. We believe this will create protections for minors that will ensure predators will not target them for sex and will act to reduce exploitation of minors.

With the addition of Senate Bill 247, we will hold offenders accountable for using AI to generate child sexually abused materials regardless of whether it depicts an actual child or an AI-generated child. This will assist law enforcement by not having to figure out if the child abuse materials are generated with AI, and it will hold child predators accountable for possessing and sharing these materials. It will also ensure that they are not employed in positions where they would have unfettered access to children.

With the addition of HB 242, we will ensure that healthcare providers who sexually assault patients during the course of their treatment will be charged with a crime. We saw the case here in Juneau where charges were dropped against the doctor because the patient knew they were being sexually assaulted. This was a terrible loophole that a doctor did not face prosecution over because the sexual assault patient knew they were being victimized. We thank you very much for the quick action after this happened to make sure that this was added in this legislative session. With the addition of HB 62, we will establish the sexual assault forensic examination kit tracking that's currently being offered by the DPS crime lab into statute.

We will shorten the time frame for each part of the criminal justice system to move the sexual assault forensic evidence kit forward, and most importantly, it adds a statutory right for victims to know where their evidence kit is throughout the process, from gathering evidence to completion and hopefully matching the DNA. This is a critical advance in strengthening a victim-centered criminal justice response. And with the addition of HB 84, we will also ensure that tribal victim service advocates will enjoy the same protections and privileges in law regarding confidentiality of victim statements as all other victim service advocates serving domestic and sexual violence victims. We appreciate the attention that has been given to these needed changes and additions to our laws so we can have a strong victim-centered criminal justice system that allows privileged access to the advocates in their communities will provide additional tools to hold offenders accountable. These changes will bring additional safety to all women, men, and children throughout Alaska, and we do appreciate your time and attention to this.

Thank you very much. I see no questions. Next, next we have for invited testimony Craig Orlin, Director of Government Affairs with Honda Motor Company, and I would note that Mr. Orlin is specifically here to provide invited testimony about Section 64 of the bill, which is the provisions regarding airbag fraud in Title 28. Mr. Orlin.

Thank you, Mr. Chair. I'd like to express my strong support for this bill, specifically the provisions relating to airbag fraud. This is a growing problem in the United States, and to be clear, this is not a problem with manufacturer supply chains. This is a problem with aftermarket replacement airbags.

We're seeing scammers primarily from China selling airbags online that are filled with debris such as t-shirts, trash bags, sawdust, and other debris, or nothing at all. The goal here is for these scammers to turn a profit at the expense of public safety. This is not a hypothetical problem. Thousands of these products have been seized by law enforcement, and unfortunately, we're aware of 10 fatalities and dozens of injuries nationwide that are the direct result of these products. Products.

Fortunately, we're not aware of any such incidents in Alaska, but given that this is an underground economy, we can't know that for sure. It's highly probable that there are Alaska voters out there with these counterfeit airbags in their vehicles, and they just don't know yet. The goal of this legislation is to be proactive, to try to stop these products from getting into the customers' vehicles in the first place. It'll encourage state and federal cooperation and provide law enforcement with the tools needed to target the criminals who are knowingly and intentionally looking to defraud the public. I'll mention that 40 other states have passed this legislation with overwhelming bipartisan support, and we strongly encourage Alaska to join them as well.

This language has been crafted with a number of stakeholders, including other auto manufacturers, dealers, insurers, safety groups, law enforcement, and other stakeholders. And with that, I'm happy to take any questions you guys might have. Thank you.

I don't see any questions for Mr. Orlin. Thank you very much for joining us today. Next, we're going to open public testimony. Is there anyone in the room who would like to provide public testimony on House Bill 239?

Seeing no one in the room, I'm going to go online. We have several folks that have called in. We're going to start with Kelly Trent. Ms. Trent, since you're on a phone, phone, please make sure you're not on a speakerphone, and because of the speakerphone often makes it hard to understand you. But please proceed, you have 2 minutes, and identify yourself before you go any further.

Thank you. Good afternoon, my name is Kelly Trent. My family and I have been fighting for justice for my son Chase Ballerson since we tragically lost him January 2nd, 2021. We did not get the justice deserve for Chase, so we now are fighting for others. This bill, House Bill 239, will bring justice to the victims and their families that doesn't exist for criminally negligent homicide failure to render aid.

To hit someone with their vehicle and then make the choice to leave them alongside the road cannot be tolerated. That choice has to have real consequences. What's in place now is not justice. No one deserves to have their life ripped away, left to die alongside a road or highway. These drivers are making the choice to leave them, treating them as if the victim's life was theirs to take.

Staying and rendering aid is the only choice, regardless of the particulars of the situation. Please stand with our family and fellow Alaskans in support of House Bill 239. Thank you. Thank you very much. Next we have Jeff Trent.

Mr. Trent, if you want to identify yourself for the record and Please proceed.

Hello. Thank you, Mr. Chair, for the opportunity to address the committee. For the record, my name is Jeff Trent, a lifelong Alaskan and father of 6. I wish I didn't have to be here offering testimony in support for common sense legislation, House Bill 239, but enduring the gross injustice of zero real consequences for the crime of my son being left to die on the roadside has led me here seeking justice for all Alaskans that this tragedy may befall.

That is, all Alaskans. I regretfully must ask the committee to imagine the tragic loss of a cherished loved one while walking, running, or rolling, innocent and defenseless, struck by a criminally negligent driver and abandoned and left to die injured and alone on the roadside. That's what happened to my family in the case of my youngest son, Chase Bowersen.

He was struck and left to die, found 4 hours later. The killer had fled the scene and evaded authorities and might not have been caught at all except for a license plate left at the scene.

An unending part of the torture of our grief is what if. Had the killer stopped and helped Chase, it might have changed everything. Imagine that. Because of concurrent sentencing, the consequences— or the consequence for the crime of failure to render aid is absorbed into the sentence for killing the person, negating any meaningful impact of the charge. That was something I could not imagine.

I'm here today to do what I can to make sure it doesn't happen anymore to anyone. It could have been you or yours. I strongly urge the committee and all senators to stand with us for justice and see that House Bill 239 is made into law. Thank you for your consideration, and thank you for your service to our state. Thank you very much.

Next in the queue, we've got Michael Garvey, and if you're affiliated with any group, please identify that group. Mr. Garvey.

Thank you. Good afternoon. For the record, I am Mike Garvey and I am policy director at the ACLU of Alaska. While the ACLU of Alaska does not have a position on the omnibus overall, we do have concerns that this late session push does not provide sufficient time to assess the impact it will have on the state's criminal legal system. As drafted, this package is likely to lead to an increase in rates of incarceration along with the workloads of agencies like law, corrections, public defenders, and OPA, something acknowledged in fiscal notes for bills in this omnibus.

Given how much time this legislature has spent discussing how to bring down the cost of corrections, we believe more time is needed to assess how this omnibus in its entirety would increase costs and strain state resources. With that said, if this bill is to represent justice for all Alaskans, and if the legislature seeks to tackle the cost of corrections, then we urge this committee to add critical reforms to the state's parole system, namely Senate Bill 62. In the last 5 years, the parole board has granted discretionary parole in about 31% of cases, far lower than historical trends and a decrease the board cannot explained in a recent legislative audit. This is concerning because it suggests the board is not upholding the constitutional principle of reformation. Adding SB 62 to this package would ensure that the board is comprised of people with expertise needed to fairly evaluate everyone it considers, including a licensed health practitioner with expertise in addiction and a member representing, representing victims.

It would also ensure the board has a member of a federally recognized Alaska tribe which is critical given how disproportionately Alaska Native people are incarcerated and how disproportionately they are denied parole. Enacting these reforms would allow the state to save money by ensuring Alaska is not needlessly incarcerating people who can be supervised on parole. It costs the state at least $223 per day to incarcerate a per— person inside a prison and just $13 per day on parole or probation. Costs to incarcerate severely disabled and older—. Mr. Garvey, you're at the 2-minute mark.

If you could conclude your remarks, that would be great. Yes, it is. Um, we urge you to include parole reforms in this bill and consider the true cost of it. Thank you for the opportunity. Thank you very much.

Next in the queue, we have Zee Van Dyke. Please identify yourself for the record and proceed. Hi, I'm Zee Van Dyke. I am an independent citizen. I'm not affiliated with any—.

Anyone. I was made aware of some of the bills that are wrapped up in this bill, and I did have concerns that are very similar to the previous speaker in how will these bills affect our criminal justice system and how will they also affect the victims themselves of sexual assault. As a survivor of sexual assault who never received justice for what happened to me, I'm concerned with whether we are going to act, the bill will actually address the root cause of these issues versus just putting more people in prison who will then be released on parole and allowed to reoffend, or whether we will actually push towards being able to solve the issue of why they are offending in such ways, why it is that our society has allowed such things to happen, and whether or not there is a way we can reform or fix it, if you would, to ensure that it will not happen to our children. As a mother myself, I am terrified of the thought that my child will ever experience what I experienced and not receive the justice that they deserve. I thank you for your time.

And—.

Thank you very much. Next in the queue, Maxine Fakhiti, and I apologize if I have mispronounced your last name.

Um, hi, my name is Maxine Fakhiti and I'm calling in support of House Bill 239, criminally negligent homicide with failure to assist. Um, my brother-in-law Chase Bowerson was murdered in a hit and run in 2021. My family has been working on this bill with Representative Kopp and Chase's Honor. We don't want other families to suffer through the same court failings that we have had to endure for 4 years. I believe this bill will be more proportionate—.

Will more proportionately punish those who have little to no regard for human life, and I urge you to pass HB 239 for the safety of the public in our communities. Thank you. Thank you very much. Next in the queue, Remy Spring. Please identify yourself and proceed.

Good afternoon, Chair and members of the Judiciary Committee. My name is Renee Spring. Thank you for your time today. I continue to oppose House Bill 47 and Senate Bill 247, uh, SB 247 being part of this package, uh, generated between CSAM. I gave testimony to this committee on April 15th challenging the validity of these bills and their application of insanity.

I mentioned the Supreme Court, excuse me, ruling in the Stanley versus Georgia and Ashcroft v. Free Speech Coalition cases, confirming that possession of obscene materials in the privacy of one's own home are protected under the First Amendment. Senator Keel rebutted my statements, and rightly so, saying the Supreme Court ruled in Osborn v. Ohio that child pornography, now called CSAM, is not protected under the First Amendment. This is true, and I agree with this statement. I also note this case involved imagery of a real minor. But I am not proposing that CSAM is protected under the First Amendment.

Instead, my reasoning and my concerns with this bill are that AI-generated imagery, when not using an actual minor, cannot be classified as CSAM. Just as a drawing, painting, or CGI-created image depicting a non-real child is not CSAM, no matter how real it looks, so too AI-generated images produced without using a real child are also not CSAM. As soon as a real minor is involved, yes, it is CSAM and should be prosecuted. But if no real child was used, there is no victim, there is no CSAM. The Supreme Court clarified in Ashcroft v. Free Speech Coalition that virtual images, when not involving a real minor, are First Amendment protected.

Punishing someone for a completely fake image is not justice. Who is being justified? There is no victim. Both Senator Keele and Representative Vance in their own statements have acknowledged that there is a difference between real and fake imagery, but they also say this distinction should not be made to allow for faster prosecutions. This bill will allow locking someone away for a fake image when no real minor is involved.

And saying this bill should pass to allow law enforcement agencies and prosecutors to get easier—. Mr. Spring, doesn't give— Mr. Spring, that's your truth. Mr. Spring, you're at the 2-minute mark. If you would please please conclude your remarks. Uh, it doesn't give me confidence true motivation is to protect children in those instances when no minors involved.

But what child are you protecting? Uh, in closing, this bill should reflect protecting real-world minors, protecting, prosecuting people who are creating actual victims, and preventing prosecutions of someone for fictitious and victimless addiction. Thank you for your time today. Thank you very much. Next in the queue, Laura Norton Cruz.

Please proceed. Hi, my name is Lauren Orton Cruz. I'm calling just to testify as a concerned resident of Alaska and mother. Um, I support many of the bills that are inside of this omnibus bill. I think the work done by Representative Kopp on his bill, by Representative Vance on the AI-generated child sexual abuse material, Representative O'Hannon on the healthcare provider assault and Representative Gray are very important, and I really want to see those pass.

And this is the current structure in which they will pass, so I support it. However, I have concerns about some of the less well-vetted pieces of this omnibus, and my ask to the committee would be to consider if there are pieces that need to be removed from the omnibus in order to make sure that it passes, because the longer that we wait on things like raising the age of consent or the AI/CSAM bill, the more victims there are. And so, it's very important that we get this through. My concern is that bills like SB 233 that were put in there haven't been properly vetted. There have been few hearings on it, few votes, very little public input on the move from— of the Controlled Substances Advisory Committee from DOL to the Department of Commerce, Community, and Economic Development.

It might be a good move, I don't know, but it hasn't had the proper vetting and the proper time. And so we're sticking something that's relatively unpopular and unvetted into an omnibus bill that has very vital things that many of us in the advocacy community are wanting to see passed. Um, I have this similar concern about the airbag fraud. It sounds like it's happened in other states, but our state hasn't had the chance to really weigh in on the specifics of that bill. So I hope that the committee would consider pulling the less well-vetted pieces.

I'm also concerned that SB 233 might violate— the inclusion of that might violate the single subjects law because it doesn't on the face appear to be about crime, and the rest of these bills are about crime. And I wouldn't want the entire omnibus bill to be put at risk because of the inclusion of something that violates the single subject. You're at the 2-minute mark. If you could please conclude. I'm all done.

Thank you. Thank you very much. Next in queue, we have Rick Haskins from, I believe, the Alaska Native Women's Resource Center. Thank you. For the record, Rick Haskins Garcia.

Good afternoon, Chair Klayman, Vice Chair Keel, and members of the Senate Judiciary Committee. Thank you for the opportunity to provide public testimony. In support of House Bill 239, and specifically Section 59, which contains improvements to Alaska statutes to protect confidential communications between tribal advocates working within tribal governments and survivors of domestic violence and sexual abuse. Currently, Alaska law protects confidential communications between survivors and victim counselors, but only if those counselors work for private organizations, military programs, or local government agencies. Tribal governments, which employ advocates to doing identical work with identical survivors are excluded.

This is a legal gap that directly harms survivors in our communities. The amendment and improvements found in HB 239 is straightforward. Adding two words, "or tribal," to the definition of victim counseling center found under Alaska law. Two words would extend the same protection Alaska already provides to other advocates. It requires no new appropriations and no new programs.

It simply recognizes that tribal governments are sovereign entities deserving equal legal standing as local governments under Alaska law. I urge this committee to support this bill. Tribal advocates deserve the same legal standing and protections as other advocates, and most importantly, survivors in Alaska Native communities deserve legal protection for their advocacy relationships. Thank you. Thank you very much.

I don't see anyone else online, but we had somebody join us in the room. If you would like to provide public testimony on the, on House Bill 239, please come forward.

Welcome. Hi, thank you. Um, I know this as HB 242. Please, please identify yourself. I'm getting there.

Okay, sorry. Yeah, I know this is HB 242, so I, I might say the, the wrong numbers, but my name is Jamie Ann Zechtin and I am Tlingit Deixítaan of Angoon, Alaska. I was born and raised here in Juneau, one block up from the state Capitol building, and I used to play in the parking lot as a child. I would roller skate around. There wasn't many places to roller skate that were— had flat surfaces, so I used to to do it in the garage here.

I also sat on the Senate floor for 2 years from 2002 to 2004 as the Alaska State, um, Sergeant at Arms with Gary Stevens was on the floor. And Jesse, you were still a staffer at the time and didn't come into office until around 2011, I believe. So good to see you guys. Um, I'm here to speak in support of HB 242, which is now— which number is it? 239.

239. Um, so I'm in favor of 239. I experienced sexual harm and by my healthcare provider, um, in a well-known case here in Juneau. The person who harmed me was acquitted on my charges because of a loophole in the law. What I learned from that is that the law does not reflect the reality of what happened to me.

It required that I be unaware that the harm was happening in order for it to be considered sexual assault. I want to be clear: knowing that something is happening to your body does not mean you agree to it. Awareness is not consent. Silence is not consent. And getting caught into a freeze mode is not consent.

In a medical setting, there is an inherent power imbalance. We are taught to trust our providers, and in those moments we are vulnerable and often alone. That trust between myself and my healthcare provider was violated. HB 242— 239 now— Closes that loophole. It brings the law closer to the truth of what people experience.

It recognizes that consent cannot be assumed simply because someone is aware of what is happening to them. There is still an ongoing case. This change in the law will not affect that case, but it will help protect people in the future. So I'd like to say to send out some strength to the women. There was at least a dozen of us who came forward in this case, and 2 of us who had charges that were acquitted because we were aware.

We didn't meet the, the law's definition of sexual assault by a healthcare provider, where we have to be unaware, basically saying we need to be asleep for, uh, that person to be held accountable and not know what's going on. So I am asking you all to support this and close that gap in the law. It will not help the women in the case, but it will help people in the future moving forward to hold those healthcare providers accountable for the harm that they have committed to their patients in trust that has been broken. I also want to thank Sarah Hannon and her staffer Hunter, who's been working real hard on this, and for bringing people together to I support it. Gunasheesh, thank you for your time.

Thank you. And I understand that the courage it takes after being in a jury trial that was acquitted to come forward and testify to us. So thank you very much. Thank you for recognizing that. I really appreciate it.

Is there anyone else in the room that would like to testify? Hearing and seeing no one, we're going to close public Would help if I roll down.

Way Bowerson, if you want to identify yourself for the record, please proceed. Yeah, I was just calling to urge you to pass this bill for public safety. HB 239 is something that my family and I were part of from the get-go, and that was just a giant omnibus bill. We just wanted to have as many people call in and urge you to pass this bill as possible. It makes a big difference for not just public safety but accountability and many other issues that are going on.

Thank you. Thank you very much.

Now I see no one else online, and is there anyone else in the room? Hearing and seeing no one, We're going to close public testimony on House Bill 239.

And any other final questions or comments before we put House Bill 239 aside for further review? I'd remind folks we've got an amendment deadline today at 5 o'clock. The goal is to move this out of committee on Wednesday next week. The second and last item on our agenda is Senate Bill 249, virtual currency kiosks, sponsored by Senator Tilton. This is the third hearing of the bill in the Senate Judiciary Committee.

Before hearing from the bill sponsor's office, I would like to look to the will of the committee to adopt work draft version H as our working document. Senator Keehl, may I have a motion? Thank you, Mr. Chairman. I move the Senate Judiciary Committee adopt Senate CS for— excuse me, Senate CS for Senate Bill 249 Judiciary, which is Work Draft 34LS1465/H, as in Haynes, as our working document. I'll object for purposes of discussion.

Here to explain the summary of changes is Senate Judiciary Committee aide Brianna Kakarek. Ms. Kakarek, please identify yourself for the record and begin your summary. Thank you. For the record, my name is Brianna Kakarik and I'm staff to Senator Clayman. Senate Bill 249, version I to version H, included the below changes.

There were conforming changes such as renumbering sections. In Section 1 specifically, Section 0655.160, Refunds, was amended. Subsection B was amended, and one of those major changes was deleting 72 hours. On page 7, line 11, we replaced 500 with 1,500. On page 7, line 14, replaced 5,000 with 10,500.

Um, and I'm going to note a typo I had in this, but in page 7, line 21, it should say line 21, we replaced 2 with 10. In page 9, lines 7 through 11, there's a new paragraph 7 defining virtual currency kiosk. In Section 4, it's a new section adding new paragraph 25 to define fraud. In Section 6, page 10, line 15, we set an effective date of October 1st, 2026. Thank you.

Any questions? Hearing and seeing none, I'm going to remove my objection. Is there any other objection? Hearing and seeing no objection, House Bill 249, version H, Pains is now adopted as our working document. Senator Tilton, would you or your staff like to make any, any comments before we look to the will of committee?

Uh, thank you, Chair Clayman. I, um, have, um, I'm very thankful that you brought this forward, and I'm hoping that we can move it out so that we can protect Alaskans from some of these, uh, scams and frauds that are happening. Thank Thank you very much, Senator Keogh. Any other comments from members of the committee? Hearing and seeing none, Senator Keogh.

Thank you, Mr. Chairman. I move the Senate Judiciary Committee report out, CS, for Senate Bill 249 Judiciary, which is version H as in Haines, with individual recommendations and any attached fiscal notes. Hearing and seeing no objection. Senate Bill 249 has moved from committee. Please stay afterwards to fill out the paperwork.

We'll now adjourn for the day. Our next meeting will be on Monday, April 27th at 1:30 PM. We will be continuing confirmation hearings at that time. I would also note House Bill 20, a bill presented by Representative Sadler. We're setting an amendment deadline for 5 PM on Thursday April 30th.

I know we usually do Monday, Wednesday, Friday in this committee, but for this one we're doing Thursday just because getting closer and closer to May every day. So that's your deadline if you have amendments on House Bill 30. With that, we will stand adjourned. The time is now 2:03 PM.