Committee advances bill to add sexual orientation and gender identity to sentencing aggravators
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Summary
The House Judiciary Committee on Jan. 28 advanced House Bill 24, which would add sexual orientation and gender identity to the list of aggravating factors prosecutors may present to juries; the committee reported the bill out with individual recommendations and attached fiscal notes.
The Alaska House Judiciary Committee on Wednesday advanced legislation that would add sexual orientation and gender identity to the state’s list of sentencing aggravators, sponsor Representative Andy Josephson said.
Josephson, sponsor of House Bill 24, told the committee the measure is intended to give prosecutors and juries an option to account for crimes that target people because of sexual orientation or gender identity. He cited a 2019 assault on a woman identified in prior hearings as Tammy Willis and said the bill is meant to reflect the public harm when an offender singles out a victim because of who they are. "The four words are sexual orientation and gender identity," Josephson said during his remarks.
The bill would insert those classifications into the statutory list of aggravating circumstances judges may rely on after a jury finds an aggravator proven. Josephson said the change is not designed to create new crimes but to allow prosecutors to present evidence that an offense was motivated by a victim’s characteristic so a judge may consider an enhanced sentence. He noted similar provisions exist in other aggravator lists and cited the U.S. Supreme Court case Wisconsin v. Mitchell when addressing constitutional concerns raised by committee members.
Committee members asked whether multiple aggravators can be pursued simultaneously; Josephson replied prosecutors can present multiple aggravators when the evidence supports discrete findings. He told the committee that the proposal has been considered in prior legislative sessions, that the victim has testified repeatedly, and that local governments and legal advocates have supported the change.
No members of the public testified at the committee hearing. After final comments from members who expressed support for the measure, Representative Copp moved to report HB24 (work order 34-LS0250 ) out of committee with individual recommendations and attached fiscal notes; Chair Gray heard no objection and announced the bill reported out.
The committee did not take a roll-call recorded vote on the motion during the hearing; the chair announced the bill was reported out "with individual recommendations and attached fiscal notes." The committee said it would sign paperwork and proceed with next steps outside the hearing record.
The next procedural steps for HB24 will follow the Judiciary Committee’s report; the committee did not schedule further action during the Jan. 28 hearing.
