YOUR CELLS IS GOOD
FELLOW CITIZENS
TO OTHERS HERE. WITH THAT; REPRESENTATIVE STEPHENSON
COME I THINK OF A MOTION BEFORE US. HOUSE
FILE 15 AND THE MOTION IS TO
HAVE THIS BILL REFERRED TO THE WAYS AND MEANS WITH A RECOMMENDATION
TO BE REFERRED TO THE
JUDICIARY COMMITTEE IS A MOTION >>
REPRESENTATIVE STEPHENSON: I'M NOT A MEMBER OF THE COMMITTEE ON MUCH I CAN MAKE A MOTION I
THINK REPRESENTATIVE TRAN 11 MAKE
A MOTION >> CHAIR MARIANI: YOU
ARE RIGHT. >> REPRESENTATIVE STEPHENSON: I WISH I WAS A MEMBER OF THE COMMITTEE >> CHAIR MARIANI: I
THINK REPRESENTATIVE URDAHL MIGHT HAVE
EMOTIONS BELONG YES OR COULD I MOVE HOUSE FILE 15 BE REFERRED TO WAYS AND MEANS WITH A RECOMMENDATION TO REFERRAL TO
JUDICIARY DIVISION AND I WOULD NOTE OUR ON REMEMBER STEVENS
IS ABOUT OREOS
BEFORE US >>
REPRESENTATIVE STEPHENSON: MR. CHAIR MY FIRST APPEARANCE BEFORE YOUR
COMMITTEE AND HONORING THE TRADITIONS OF THE GREAT BUT I DO BRING
AREAS TO I WOULD NOTE TO PRESENT ANOTHER BILL THIS AFTERNOON TO THE COMMERCE COMMITTEE OR SOME SO I'VE ASKED ALL
THE FOLLOWING REPUBLICAN COLLEAGUES WOULD BE CONSERVATIVE IN YOUR TAKING OF
THE OREOS.
>> CHAIR
MARIANI: REPRESENTATIVE STEPHENSON
WERE GLAD THIS COMMITTEE GETS
FIRST DIBS. PLEASE PROCEED >> REPRESENTATIVE STEPHENSON:
MR. CHAIR MEMBERS THE COMMITTEE ALSO WANT TO THANK THE CHAIR FOR HAVING
ADVOCATES PRESENT IN THE COMMITTEE HEARING ROOM TODAY BUT I THINK IT'S VERY IMPORTANT THAT THIS IS A VERY DIFFICULT CONVERSATION AND ALSO
JUST WANT PEOPLE IN A GALLERY PEOPLE WHO ARE WATCHING
AWARE THAT
THE COMMENTS I WILL MAKE IN
THE COMMENTS OF TESTIFIERS WILL MAKE ON THIS BILL WILL
BE DIRECT AND IT MAY BE DIFFICULT FOR SOME PEOPLE TO HEAR AND
I PARTICULARLY TO KNOW THERE
ARE SOME YOUNGER PEOPLE IN THE AUDIENCE HERE. I JUST WANT EVERYONE TO BE AWARE THAT WE ARE GOING TO HAVE A REALLY DIRECT
CONVERSATION HERE. SO HAVING SAID THAT; I
WILL PROCEED. MR. CHAIR; MEMBERS OF THE COMMITTEE; UNDER EXISTING MINNESOTA LAW IF
A MAN [INAUDIBLE] HIS WIFE
AND RAPES HER WHILE SHE IS UNCONSCIOUS; HE CANNOT BE PROSECUTED FOR RAPE IN MINNESOTA. WE LIKE TO
THINK OF MARITAL RAPE
EXCEPTIONS AS AN ARTIFACT
OF HISTORY; AS A RELIC OF A TIME WHEN A WOMAN WAS CONSIDERED THE PROPERTY OF
HER HUSBAND. BUT WE STILL HAVE A LIMITED
MARITAL RAPE EXCEPTION ON THE BOOKS IN
MINNESOTA TODAY.
THE BILL THAT IS BEFORE YOU TODAY; HOUSE FILE 15; WOULD REPEAL
THAT LIMITED MARITAL RAPE EXCEPTION IN
ITS ENTIRETY.
THIS BILL PASSED IN THIS COMMITTEE LAST YEAR. IT
HAS PASSED THE SENATE PUBLIC SAFETY COMMITTEE EARLIER
THIS SESSION IN A
SEPARATE BILL. I ALSO WANT TO NOTE THE BILL
IS SUPPORTED
BY BOTH THE COUNTY ATTORNEYS ASSOCIATION AND
ALSO BY MN CASA WHO YOU WILL BE
HEARING FROM SHORTLY. I WANT TO
POINT OUT THAT THIS IS NOT AN ACADEMIC DISCUSSION ABOUT
A PIECE OF LAW THAT'S ON OUR BOOKS THAT IS A LITTLE AFFECTED.
THIS HAPPENS. THIS LAW HAS AN EFFECT ON OUR CRIMINAL JUSTICE SYSTEM
TODAY AND
YOU DON'T HAVE TO TAKE MY WORD FOR IT. IF YOU LOOK IN YOUR PACKETS FOR TODAY; YOU WILL FIND A FISCAL NOTE THAT WAS PREPARED WITH THIS BILL WAS CONSIDERED LAST SESSION AND IF YOU READ THE ANALYSIS FROM THE FISCAL NOTE YOU'LL SEE THE SENTENCING GUIDELINE COMMISSION
ESTIMATED THAT APPEAL OF THIS PROVISION PARTICULARLY AS RELATES TO THE
MENTALLY IMPAIRED MENTALLY INCAPACITATED AND PHYSICALLY
HOPELESS PROVISION IN THE VOLUNTARY
RELATIONSHIP DEFENSE WOULD
RESULT IN
SEVEN ADDITIONAL CONVICTIONS EACH YEAR. SO
THIS EXISTING LANGUAGE IS
PREVENTING JUSTICE FOR AT LEAST SEVEN PEOPLE
A YEAR. I ALSO WANT TO NOTE A RECENT MINNESOTA COURT OF APPEALS DECISION WHI
CH WAS [INAUDIBLE] WHICH CAME OUT ON DECEMBER 31 OF 2018. IN
THAT CASE; A MAN HAD SEX ON
MULTIPLE DATES THE
WOMAN WHO I'M GOING TO QUOTE FROM
THE DECISION ACCORDING TO THE PSYCHOLOGICAL ASSESSMENT FUNCTIONS OF THE MENTAL CAPACITY OF A
7-8-YEAR-OLD CHILD. HE WAS CHARGED BY THE BROWN
COUNTY ATTORNEY BUT JUST SIX WEEKS BEFORE TRIAL THE MAN MARRIED
THE VICTIM.
HE MOVED TO HAVE THE TRIAL COURT DISMISSED THE
CASE CITING FOR THE VOLUNTARY
RELATIONSHIP DEFENSE STATUTE AND WAS SUCCESSFUL. THE TRIAL COURT DISMISSED THE CASE.
FORTUNATELY; THE COURT OF APPEALS REVERSED THAT DECISION.
CITING; IN PART; THE
POSSIBILITY THAT
INTERPRETING THE VOLUNTARY
RELATIONSHIP DEFENSE
IS APPLYING TO A MARRIAGE IS A CRANE AFTER
THE FACT WOULD; QUOTE; PERMIT OR EVEN ENCOURAGE AN ACTOR TO MARY IN ORDER TO AVOID
CULPABILITY FOR
CRIMINAL CONDUCT WE VICTIMIZING
THE VICTIM. THE COURT OF APPEALS
WAS WISE TO THINK ABOUT THE INCENTIVES
THAT COULD BE CREATED BY A
BROAD INTERPRETATION OF VOLUNTARY RELATIONSHIP DEFENSE AND I WOULD ENCOURAGE THE COMMITTEE TO THINK ABOUT THE
POSSIBILITY CONSEQUENCES
OF EXISTING VOLUNTARY
RELATIONSHIP DEFENSE. AS AN ASIDE;
THAT COURT OF APPEALS DECISION WAS TO-ONE. SO THERE WAS ONE JUDGE; ONE VOTE AWAY FROM THE COURT UPHOLDING
THE DISMISSAL. YOU HAVE TO TAKE MY WORD FOR IT THOUGH OR THE SENTENCING BALANCE COMMISSION WITH THE COURT OF APPEALS TO PLAY WHAT IF
WITH THE COURT OF APPEALS DECISION IN A FEW MINUTES YOU WILL HEAR FROM KENNY KEYS AND LIVE THIS
NIGHTMARE HERSELF.
I CAN RECALL LEARNING IN LAW SCHO
OL ABOUT 17TH-CENTURY ENGLISH
COMMON LAW PRINCIPLE THAT A HUSBAND
COULD NEVER
BE CONVICTED OF RAPING HIS WIFE BECAUSE BY CONSENTING TO MARY; QUOTE;
THE WIFE HAS GIVEN UP HERSELF TO
HER HUSBAND. I'M SURE THAT MANY
OF US
; I HOPE ALL THIS; SITTING HERE TODAY FINALS WERE REPUGNANT AND I THINK
IT'S TIME FOR OUR LAWS TO MATCH
OUR VALUES. SO NOW I WOULD
WITH THE CHAIR'S PERMISSION I'LL TURN
IT OVER
TO LINDSAY [INAUDIBLE] FROM
MN CASA >> CHAIR MARIANI: WELCOME
THIS PRICE
>> TESTIFIER: THANK YOU. MR. CHAIR MEMBERS OF THE COMMITTEE THANK YOU FOR HAVING ME OR TO THE NAME OF LINDSAY BRYCE.
I'M THE POLICY DIRECTOR FOR THE MINNESOTA
COALITION OF [INAUDIBLE] YOU PROBABLY MANY OF YOU PROBABLY MET MY
PREDECESSOR CAROLINE WHO HAS BEEN HERE A FAIR AMOUNT. I'VE
WORKED
WITH -- I AM NEWER TO MN CASA BUT I WORKED WITH AN
D FOR AN NEXT TO VICTIMS AND SURVIVORS OF GENDER VIOLENCE FOR OVER 20 YEARS AND AM ACTUALLY A FORMER PROSECUTOR AS
WELL. MINNESOTA LAW ON SOCIAL
SELF PREVENTS [INAUDIBLE] ON PROGRAMS AND OUR ALLIES
TO PRESENT
[INAUDIBLE] WHILE PROMOTING A CONFERENCE OF
SOCIALLY RESPONSIBLE FOR ALL VICTIMS AND SURVIVORS BUT I WOULD LIKE TO THANK THE CHAIR FOR YOUR COMMENTS ABOUT
INCLUSIVITY BECAUSE IT'S ONE OF THE CONVERSATIONS THAT WE ARE HAVING IS THAT IT'S
CRUCIAL THAT OUR LAWS WORK FOR
THE MOST MARGINALIZED IN THE MOST
HEAVILY IMPACTED BECAUSE IF THEY WANT FOR
THOSE FOLKS THAN THE WORKING FOR EVERYBODY.
THAT IS JUST CRUCIAL. I'M GOING TO KEEP MY COMMENTS BRIEF TODAY AS YOU WILL BE HEARING
FROM SOMEONE WHO HAS BEEN
PERSONALLY IMPACTED BY
THE STATUTE AND BY THE LANGUAGE
IS BUILT WOULD BE REPEALED. BUT I'M HERE TO SPEAK IN SUPPORT OBVIOUSLY OF THEIR APPEAL AND
TO
THINK THANK BOTH REPRESENTATIVE STEPHENSON THE CO-AUTHORS AND MR. CHAIR
FOR ADVANCING THIS CONVERSATION.
THE REPEAL OF
THIS BILL -- THIS IS THE SAME LANGUAGE THAT MN CASA SUPPORTED
LAST YEAR. THIS IS PART OF THE LARGE OMNIBUS BILL AND A PRIORITY FOR MN CASA LEGISLATIVE AGENDA
IN 2019. JUST A LITTLE
BIT ABOUT OUR PROCESS. WE HAVE A PUBLIC
POLICY COMMITTEE AND A NUMBER OF SUBCOMMITTEES THAT
REACH OUT TO A NUMBER OF DIFFERENT PARTNERS AS WE WORK THROUGH WHAT WE ARE GOING
TO SUPPORT AND WHAT MAKES THE MOST SENSE OF MOVING FORWARD. IN
THIS CASE;
WITH CONVERSATIONS WITHIN THE
POLICY COMMITTEE AND WE ACTUALLY; ONE OF
THE CONCERNS IS WHETHER OR NOT THERE WAS SOME UNINTENTIONAL
NEGATIVE IMPACT
ON FOLKS WITH DISABILITY. I WAS ONE OF THE CONCERNS THAT WAS RAISED.
SO WE REACH OUT TO THE LEGAL DIRECTOR
TO MINNESOTA DISABILITY
LAW CENTER AND BROUGHT THEM INTO THE CONVERSATION; AND THEY
ALSO SUPPORTED THE REPEAL
OF THIS AND THANK YOU FOR
BEING CONCERNED.. WE DON'T SEE
ANY CLEAR UNINTENDED CONSEQUENCES. SO OUR PROCESS IS BOTH MN
CASA AND
[INAUDIBLE] AND PARTNERS AND WE FULLY
SUPPORT THIS. I GIVE YOUR TIME AND ATTENTION IT >> CHAIR MARIANI:
THANK YOU. REPRESENTATIVE STEPHENSON >> REPRESENTATIVE STEPHENSON: THANK YOU; MR. CHAIR I WANT TO TURN IT OVER TO
JENNY'S PEOPLE [INAUDIBLE] SITTING TO MY RIGHT AND IN DOING SO I WANT TO SAY I THINK ARE ABOUT
TO HEAR THE TERRIBLE ORDEAL SHE'S BEEN THROUGH AND JUST
REALLY REMARKABLE THE STRENGTH
AND TENACITY THAT SHE IS BROUGHT THROUGH THIS
ENTIRE PROCESS TO BE SITTING HERE TODAY ENSURING THE STORY JUST REALLY COMMENDABLE. I WANT TO THANK YOU FOR YOUR LEADERSHIP ON THIS FOR COMING OUT AND BEING ON THE SPEAK YOU WANT TO SPEAK ABOUT THE STATE. >> CHAIR MARIANI: WELCOME TO THE COMMITTEE. WE APPRECIATE YOUR PRESENCE WITH US >> TESTIFIER: THANK YOU.
MR. CHAIR; THANK YOU FOR HEARING
HOUSE FILE 15 TODAY IN MY PERSONAL TESTIMONY. SPEEDING
JENNY HAGER
SOON TO BE THISSEN AND I FEEL GRATEFUL TO BE ABLE TO ADDRESS YOU AND THE ENTIRE COMMITTEE TODAY.
LAST YEAR THIS BILL WAS BROUGHT BEFORE
THE COMMITTEE I WAS SITTING IN THE
ROOM LISTENING.. HOWEVER; I WAS UNABLE TO TESTIFY AS
CRIMINAL CHARGES ARE
STILL PENDING AGAINST MY
FORMER SPOUSE REGARDING HIS ACTION.
SINCE THEN; HE HAS
PUBLICLY ADMITTED THAT HE
DRUGGED ME. HE RAPED TO ME AND HE
VIDEOTAPED IT. IN OUR ANDOVER HOME. IN MARCH
IN OUR ANDOVER HOME. IN MARCH 2016 I DISCOVERED A FLASH DRIVE CONTAINING SEVERAL VIDEOS OF MY FORMER
SPOUSE REPORTING HIS COWORKERS IN
THE PRIVATE STAFF BATHROOM AT HIS PLACE
OF EMPLOYMENT AND TWO ADDITIONAL VIDEOS OF ME IN OUR HOME THAT I WAS UNAWARE OF.
TWO MONTHS AFTER SERVING MY HUSBAND'S
DIVORCE PAPERS PREPARING
MY AFFIDAVIT FOR DIVORCE; I WAS TASKED WITH REVIEWING EVERY PHOTO AND VIDEO
FROM A COPY OF OUR FAMILY
LAPTOP COMPUTER. I CAME ACROSS TWO VIDEOS
THAT FOREVER CHANGED MY LIFE.
THEY WERE THE USE OF
MY HUSBAND WHEN RECORDED IN OUR
BED [INAUDIBLE] 2002ND AT FIRST THE O
STARTS OUT WITH A FULL SCREENSHOT OF
MY REGINA MY FORMER SPOUSE
[INAUDIBLE] INSERTING A SYNTHETIC PENIS IN
MY REGINA FOR SEVERAL SECONDS FOR
MY BODY WEIGHT LIFELESS
HE PAUSES THE FORCEFUL PENETRATION
AND CAREFULLY
CROSS WITH THE COVERS TO REVEAL MY FACE. MY MOUTH IS
WIDE OPEN AND IT IS CLEAR THAT I AM UNCONSCIOUS.
HE STARTS TO MOVE THE CAMERA BACK DOWN TO MY
LOWER BODY AND IN THAT
WIDER SCREENSHOT MY
FOUR-YEAR-OLD SON IS LAYING NEXT TO ME IN BED..
HE CAME BACK AN HOUR LATER AND
STARTED RECORDING A SE
COND TIME. HE PUT NOT ONLY MY LIFE
IN DANGER BUT
POTENTIALLY EXPOSING OUR SON TO
SOMETHING UNTHINKABLE. THE WORST PART OF
THAT DAY WAS MY MOM WAS AT
MY HOUSE WHEN I DISCOVERED THE
RAPE VIDEOS. MY MOM
AND I SAT AND CRIED AS I DISCOVERED I HAVE BEEN DRUGGED AND RAPED BY
MY HUSBAND. NO PARENT
SHOULD EVER HAVE TO EXPERIENCE
[INAUDIBLE] COMPLETE
AND OTHER SHAME; DECEPTION;
CONFUSION; DISBELIEF.
IMMEDIATELY; AFTER DISCOVERING
THESE VIDEOS I CALL THE ANOKA COUNTY
SHERIFF DEPARTMENT WAS THE MAIN POINT
OF CONTACT IN THE
ACT OF A CRIMINAL INVESTIGATION
REGARDING MY FORMER SPOUSE. I
WAS INFORMED THAT SOMEONE WOULD BE FOLLOWING UP WITH ME SOON
TO TAKE MY STATEMENTS. SADLY; THAT WAS NOT THE CASE. IT TOOK OVER
TWO MONTHS OF ME CALLING THE
SHERIFF'S OFFICE
TALKING TO MANY DIFFERENT
PEOPLE BEFORE I WAS FINALLY SCHEDULED TO GIVE
MY STATEMENT. IN SEPTEMBER
IN SEPTEMBER 2017 RECEIVED A CALL FROM A VICTIM WITNESS SPECIALIST THE ANOKA COUNTY
ATTY.'S OFFICE
. SHE CALLED TO INFORM ME THAT MY
FORMER SPOUSE HAVE BEEN FORMALLY CHARGED WITH ONE COUNT FELONY CRIMINAL SEXUAL CONDUCT IN THE 3RD°. TO
BE HONEST; I HAVE MIXED EMOTIONS WHEN I HEARD THIS NEWS.
THE STRONGEST EMOTION
I HAD WAS A FEELING OF SENSE OF SAFETY
.. NOT ONLY FOR MYSELF BUT MY
TWO YOUNG CHILDREN IN OU
R COMMUNITY. KNOWING THAT JUSTICE WAS GOING TO BE SERVED. LATER
THAT AFTERNOON; JUST AS I WAS ABLE TO A DOWN TO THE BUS STOP TO GET MY KIDS OFF
THE SCHOOL BUS I RECEIVED ANOTHER CALL FROM THAT SAME WOMAN. TO TELL
THE SHAKINESS IN HER VOICE AND SHE CALLED TO INFORM ME
THAT SHE HAD
SOME NEWS SHE SAID SHE WAS AT A LOSS
FOR WORDS. BUT WHAT SHE TOLD ME IT
WAS LIFE-CHANGING.
SHE EXPLAINED THAT MY
FORMER SPOUSES THE ONLY 3RD° CRIMINAL SEXUAL ASSAULT CHARGE
WAS DROPPED BECAUSE HIS CRIMINAL
DEFENSE ATTORNEY MADE THEM AWARE OF THE COUNTY OF A LAW ON THE MINNESOTA BOOKS THAT STATES A PERSON CANNOT
BE CHARGED WITH
THIS CRIME IF THEY WERE MARRIED AT THE TIME OF
THE CRIME. SHE SAID THE
ENTIRE STAFF OF ATTORNEYS IN
THE OFFICE; THE
JUDGE; SHERIFF; NO ONE KNEW THAT THIS LOT
EVEN EXISTED.. WE WERE
ALL SHOCKED AND SHE SAID; THIS NEEDS TO
BE CHANGED. I WAS DEVASTATED
AND SCARED. BY NIGHT
I STRUGGLED WITH THE NEWS I RECEIVED. I WANT SOME HARRY POTTER WITH MY KIDS BY THE NEXT MORNING I WAS READY TO GO TO WORK TO
MAKE SURE THAT NO ONE IN A
SIMILAR SITUATION HEARS; I AM SORRY
; THE CHARGES HAVE
BEEN DROPPED. THE COUNTY WAS ABLE TO CHARGE THIS DEGREE CRIMINAL SEXUAL
CONDUCT AND INVASION OF PRIVACY WHICH IS FINALLY SENTENCED LAST MONTH. MY FORMER SPOUSE
BUT GUILTY
TO ENGAGING INVASION OF PRIVACY AND HOME. WHAT HE DID
TO ME WAS SEXUAL ASSAULT YE
T NOTHING SHOWS ON
HIS RECORD OF THE CRIMES HE COMMITTED
AGAINST ME. HAD HE
BEEN CHARGED WITH A 3RD°; ONE OF THE
REQUIREMENTS WAS REGISTRATION AS A SEX OFFENDER. YET; NOTHING
SHOWS CRIMINAL SEX ON
HIS RECORD. IN AN EXCERPT FROM THE SENTENCING COURT TRANSCRIPT FROM LAST MONTH; ANOKA COUNTY PROSECUTOR ATTORNEY PAUL YOUNG IS QUOTED
AS SAYING; THIS COURT KNOWS THAT THE PSYCHOLOGICAL EVALUATIONS THAT WERE DONE ON MY FORMER SPOUSE AND
THE RECOMMENDATION
SITE FOUND HIM TO BE A MODERATE TO HIGH RISK
TO REOFFEND. WHAT WAS THE
OTHER OFFENDERS THAT IT'S CONCERNING
GIVEN THAT BEFORE EVEN REACHING
THOSE CONCLUSIONS THIS IS A PERSON THAT HAS BEEN SEX
OFFENDER COUNSELING;; THERAPY;
MARRIAGE COUNSELING; AND IS STILL AT A STAGE AFTER ALL THE TIME A HIGH RISK TO
THE COMMUNITY. SINCE FELONY CHARGES WERE DROPPED BECAUSE WE
WERE MARRIED; BUT ONLY MYSELF BUT OUR COMMUNITY
IS BEING PUT AT RISK FROM
SEXUAL PREDATORS LIKE MY
FORMER SPOUSE. IN CLOSING; I WOULD LIKE TO REDO
AN EXCERPT FROM A VICTIM
IMPACT STATEMENT THAT IN COURT
AT SENTENCING FOR THE INVASION OF PRIVACY LAST MONTH.
IN SEPTEMBER 2017 I FOR SPOUSE
WAS CHARGE WITH HER DEGREE CRIMINAL
SEXUAL ASSAULT IN THOSE CHARGES WERE
DROPPED BECAUSE IN THE STATE OF MINNESOTA IF YOU
ARE MARRIED YOU CANNOT BE CHARGED WITH
SEXUAL ASSAULT DEGREES 1-4 EVEN IF YOUR SPOUSE IS INCAPACITATED WITH THE SEXUAL ASSAULT TAKES PLACE.
IN TODAY HE'S ENTERED A PLEA OF 45 DAYS JAIL AND INVASION OF PRIVACY
AT A MINIMUM HE SHOULD HAVE TO REGISTER AS A SEX OFFENDER
MORE JAIL TIME IS
ALSO WARRANTED. THE STAR TRIBUNE RECENTLY RAN A SERIES TITLE;
JUSTICE DENIED
;; THAT EXAMINES HOW MINNESOTA'S CRIMINAL JUSTICE SYSTEM
OFTEN FAILS VICTIMS OF RAPE AND
SEXUAL ASSAULT. WITH A PLEA AGREEMENT THAT WAS REACHED
THIS BECOMES ONE MORE STORY OF
A VICTIM THAT HAS BEEN FAILED. I WOULD RATHER BE IN THE VICTIM HEARD JUSTICE
SERVED CATEGORY THANK
YOU CHAIR. >> CHAIR MARIANI: THANK
YOU MS. THISSEN AND WANT TO STRESS
THE IMPORTANCE TO ASSERT YOUR PERSONAL DIGNITY AND
YOUR HUMANITY AND I WANT YOU TO KNOW I SEE IT AND I ACKNOWLEDGE IT.
THANK YOU.
>> TESTIFIER: THANK YOU >>
CHAIR MARIANI: REPRESENTATIVE STEPHENSON >> RE
PRESENTATIVE STEPHENSON: THANK YOU; MR. CHAIR I'LL BE HAPPY TO TAKE ANY QUESTIONS FROM THE COMMITTEE ON
THE SUBJECT AT
THIS TIME. >> CHAIR MARIANI: COMMITTEE MEMBERS; ARE THERE QUESTIONS?
REPRESENTATIVE
EDELSON >> REPRESENTATIVE EDELSON: OUR THINK OF YOUR TESTIMONY.
I'M SURE WAS NOT EAST TO COME
HERE TODAY. WOULD THERE BE ANY
RETROACTIVE? IS THERE ANY LOANS THAT CAN BE ADDED TO THIS?
HAVE YOU THOUGHT
ABOUT THAT? >> REPRESENTATIVE STEPHENSON:
THE BILL AS IT STANDS OUT IS NOT RETROACTIVE. IT WOULD APPLY
TO INSTANCES OCCURRING
I BELIEVE AFTER
JULY 1. YES; JULY 1 OF 2019. I'M NOT SURE WE
COULD GO RETROACTIVE ON THIS
PARTICULAR PIECE. >> CHAIR MARIANI:
REPRESENTATIVE --
>> REPRESENTATIVE: I WANT TO THANK YOU FOR YOUR POWERFUL TESTIMONY THE PLAYERS ABOUT THEIR BEHALF OF OTHER PEOPLE IN OUR STATE THANK YOU FOR THAT. I WANT TO THANK MS.
[INAUDIBLE] I WAS INVOLVED IN THOSE EARLIER
POSITIONS YEARS AGO AND
THE CONCERN [INAUDIBLE]
RELATIONSHIP THAT CONSENT
RELATION TO
INVOLVING THE [INAUDIBLE] AT SOME TROUBLE WITH THAT AT THE TIME AND I'M
SO GLAD WE CAN COLLECTIVELY WORK TO
THAT AND WAS THAT'S NOT A CONCERNING THIS IS REALLY A MATTER OF JUSTICE. SO THANK YOU. THANK YOU
REPRESENTATIVE STEPHENSON. LIFTED UP THE ORIGINAL OFFER OF THIS BILL FROM LAST SESSION ON HOUSE
SPEAKER MELISSA HORTMAN HAS BEEN A CHAMPION THIS OF COURSE
CHAIR JOHNSON CHOSE TO INCLUDE THIS IN THE OMNIBUS LASTED AND SO THIS IS REALLY GROUP EFFORT BUT I APPRECIATE
THAT THE SESSION REPRESENTATIVE STEPHENSON AZTECA LEON. SO THANK YOU. THANK YOU MR. CHAIR. >> CHAIR MARIANI: THANK YOU
REPRESENTATIVE PINTO.
REPRESENTATIVE JOHNSON >> REPRESENTATIVE JOHNSON:
RESEARCHER THIS BILL IS HEADED TO THE JUDICIARY NEXT. IS THAT CORRECT? >> CHAIR MARIANI: THE MOTION IS REFERRED TO WAYS AND MEANS.
THE MOTION INVOLVES
A RECOMMENDATION THAT A B REFER TO DIGESTION. >> REPRESENTATIVE JOHNSON: THANK YOU. MR.
CHAIR; REPRESENTATIVE; I DO HAVE
A AMENDMENT AND WE SHOULD CONSIDER PUTTING ON JUDICIAL BUT THIS IS IMPORTANT ISSUE BUT INSTEAD OF WAITING UNTIL
AUGUST 1 THIS HAVE AN AMENDMENT TO PUT ON IT TO UPON THE
FINAL ENACTMENT GOES
INTO EFFECT >> REPRESENTATIVE STEPHENSON:
MR. CHAIR REPRESENTATIVE I WOULD AGREE TO THAT AMENDMENT >> CHAIR MARIANI: WE HAVE
[INAUDIBLE] LISTING ON
THE CONVERSATION
I SAID THAT WILL BE GIVEN SOME
SERIOUS CONSIDERATION. AT THAT TIME. THE SPIRIT
REPRESENTATIVE JOHNSON; THANK YOU.
REPRESENTATIVE O'NEILL SPINELLI
THANK YOU; MR. CHAIR I JUST WANT TO ACKNOWLEDGE HOW DIFFICULT AND CHALLENGING AND BRAVE IT WAS FOR YOU TO BRING TESTIMONY TODAY AND HOPEFULLY THIS
IS ANOTHER IT ALONG THE ROAD OF
HEALING AND YOU ARE A BRAVE WOMAN. SO I WANT TO
THANK YOU AND THANK YOU FOR
BRINGING THIS FOR. THIS IS OVERDUE. I WISH WE COULD'VE ENACTED IT A
YEAR AGO.
IT'S VERY SAD THAT SOMETHING LIKE THIS DIDN'T GET SIGNED INTO LAW WHEN WE HAD IT
GO THROUGH BOTH BODIES
AND SADLY IT WAS VETOED. SO I WANT
TO ACKNOWLEDGE AND THANK YOU
FOR COMING AND SHARING
YOUR STORE. AS DIFFICULT AS IT WAS. >> CHAIR MARIANI:
THANK YOU REPRESENTATIVE O'NEILL COULD AND REPRESENTATIVE STEPHENSON I SUSPECT
THIS YEAR WILL PURSUE A DIFFERENT STRATEGY IN TERMS OF TRYING TO GET THIS BILL IN FRONT OF THE GOVERNOR'S DESK AND HOPEFULLY WE CAN DO THAT SOON.. REPRESENTATIVE
GROSSELL >>
REPRESENTATIVE GROSSELL: THANK YOU; MR. CHAIR.
REPRESENTATIVE THANK YOU FOR BRINGING THE LEGISLATION
FOUR. AGAIN
IT SOMETHING THAT NEEDS TO BE DONE. SOMETHING THAT NEEDS TO BE ADDRESSED AND I JUST WANT TO MAKE
ONE COMMENT ONE THING THAT REALLY CAUGHT
MY EAR;; VICTIMS HEARD;
VICTIMS SERVED THAT IS
SOMETHING THAT SINCE I WALK THROUGH THE FRONT DOOR IN 2016
BEEN WORKING ON LEGISLATION FOR THAT
VERY PURPOSE. SO THAT THESE
EDITORS; THE SEXUAL PREDATORS; AND THEY CALL THEM PREDATORS FOR
A REASON -- BECAUSE THEY
PREY UPON INNOCEN
T PEOPLE; PEOPLE THEY CAN MANIPULATE; PEOPLE THEY CAN HAVE AUTHORITY OVER
SO I WANT TO THANK YOU FOR YOUR STRENGTH TO COME FORWARD
AND TESTIFY TO IT WAS GOOD TO BE VERY
DIFFICULT BUT I'VE LEGISLATION THAT WILL ELIMINATE THESE VERY PEOPLE
WHO GET THESE PLEA DEALS. SO AGAIN; THANK YOU FOR BRINGING THIS
LEGISLATION FOUR. >> CHAIR MARIANI: THANK YOU REPRESENTATIVE GROSSELL.
REPRESENTATIVE CONSIDINE >> REPRESENTATIVE CONSIDINE: THANK YOU; MR. CHAIR. TO
THE TESTIFIER; YOUR COURAGE IS AMAZING AND I'M REALLY SORRY THAT HAPPENED TO YOU.
REPRESENTATIVE STEPHENSON IF
THE SPOUSE SAY;
HAS ALZHEIMER'S AND IS IN AN INSTITUTION DOES THIS BILL COVER THAT AND WHO
WOULD THEN FRANKLY; SPEAK FOR
THE SPOUSE? >>
REPRESENTATIVE STEPHENSON: WITH THIS BILL WOULD DO THAT SITUATION IS MAKE THE MERE FACT OF THE MARRIAGE
BETWEEN THE PERSON AND THE PERSON
WITH ALZHEIMER'S
NOT CONTROLLING. IF THE SEXUAL CONDUCT
BETWEEN SPOUSES IS STILL CONSENSUAL THEN
IT'S NOT ILLEGAL. CONSENT IS STILL A DEFENSE IN THAT
INSTANCE. SO IN THAT COME I BELIEVE IS WHY THE
DISABILITY COMMUNITY DOESN'T HAVE A PROBLEM WITH THIS BILL BECAUSE IT STILL ALLOWS
THE PEOPLE WHO ARE DISABLED OR OTHERWISE
IMPACTED TO ENGAGE IN SEXUAL RELATIONS PROVIDED THERE
IS CONCERN.
>>
REPRESENTATIVE CONSIDINE: THANK YOU; MR. CHAIR. I
AM GUESSING
UNFORTUNATELY I'M THINKING OF A CASE DOWN IN MY AREA ABOUT 15 YEARS AGO WITH
A WOMAN WAS INCAPACITATED AND
HER HUSBAND WOULD COME AND PICK
HER UP AND TAKE HER OUT FOR
A VISIT
. SHE WASN'T CAPABLE OF CONSENT AT THIS POINT IN
HER LIFE.
IN FACT THE TRAGEDY WAS THEY BOTH FROZE
TO DEATH AT THE END OF A LONG
DIRT ROAD. SOMEBODY
THAT'S INCAPACITATED IS NOT ABLE TO GIVE CONSENT IS WHAT
I'M THINKING. >>
REPRESENTATIVE STEPHENSON: MR. CHAIR
REPRESENTATIVE CONSIDINE I THINK
ULTIMATELY CONSENT IS A BIG PART OF THE
TOUCH ON OR
SHOULD BE THE TOUCH ON A MARKABLE SEXUAL
CONDUCT LAWS. I WOULD ALSO
NOTE FOR YOU THAT THERE IS
AN ELEMENT OF PROSECUTORIAL DISCRETION THAT EXISTS IN OUR LAWS BUT IS MEANT TO COVER VERY
EXTREME CIRCUMSTANCES. THAT MIGHT BE APPLICABLE TO A SITUATION LIKE THE ONE THAT YOU ARE DISCUSSING. >> CHAIR MARIANI:
CHAIR CONSIDINE >> REPRESENTATIVE CONSIDINE: THANK YOU FOR YOUR ANSWER >>
CHAIR MARIANI: CHAIR LESCH I SUSPECT THESE ARE SOME OF
THE ISSUES THAT YOUR COMMITTEE
WILL DIG DEEPER INTO IF THERE'S A
TECHNICAL APPLICATION AND CONSIDERATION IN TERMS OF
PROSECUTING PROCEDURES. SO I LOOK FORWARD TO
THE CONVERSATION. MR
. CHAIR >> REPRESENTATIVE LESCH: THANK YOU FOR THAT. WE WILL LOOK AT IT IN CLOSING THE PROPOSED AMENDMENT THAT CAME UP
A CHAIR CONSIDINE HAS A QUESTION HE SITS ON
THE COMMITTEE IS WHAT I'LL LEAVE IT UP TO REPRESENTATIVE STEPHENSON AND
YOU MS. THISSEN IF YOU WANT TO INTO ANOTHER COMMITTEE.
I KNOW THAT'S DIFFICULT BUT I WILL TELL YOU YOU DID AND ASCENDING
JOB
TODAY AND I KNOW IT'S DIFFICULT. THOSE OF US AROUND
HERE HAVE QUESTIONS ABOUT
THE EYE IDEAL RE-VICTIMIZING
THE VICTIM..
THAT'S THE WORD YOU WANT TO USE
OR NOT BUT I WILL TELL YOU A LOT OF TIMES
YOU HAVING TO ENDURE
THIS AGAIN MAKE A HUGE DIFFERENCE FOR EVERYONE HERE MAKES FOR MORE
SOLID LEGISLATION COUL
D IT ABSOLUTELY DOES. SO I WANT TO THANK YOU FOR BEING WILLING TO TAKE THIS ON YOUR SHOULDERS FOR EVERYONE
WHO IS IN A POSITION TO SPEAK UP. THANK YOU FOR THAT. SO BETWEEN HERE AND THERE; MR. CHAIR; WE WILL DECIDE HOW REPRESENTATIVE STEPHENSON
WANT TO DO THIS. OKAY; THANK
YOU GOOD
>> CHAIR MARIANI: THANK YOU CHAIRMAN LESCH. IS THERE ANYONE
THE PUBLIC
OR AUDIENCE THAT WISHES TO TESTIFY FOR OR AGAINST THE BILL? IF NOT; THEN
REPRESENTATIVE STEPHENSON I THINK WE ARE READY TO ACT ON YOUR BILL DID SO
REPRESENTATIVE LONG RENEWS HIS MOTION THAT
HOUSE FILE 15 B REFER TO THE WAYS AND MEANS COMMITTEE WITH
A RECOMMENDATION THAT IT BE
RE-REFERRED TO THE JUDICIARY COMMITTEE. ALL THOSE IN FAVOR
SAY; AYE.
[CHORUS OF AYES.] OPPOSED;
SAME SIGN. MOTION PREVAILS IN >> [GAVEL] >> CHAIR MARIANI: THANK YOU REPRESENTATIVE STEPHENSON CAN
THANK
YOU MS. THISSEN. THANK YOU MS. BRYC
E WE SEE YOU AND WE HURRY. THANK YOU
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