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Senate Extends Legal Authority to Ships, Planes
HB 405 Applies State Law to Crimes at Sea or in the Air

(JUNEAU) - The Senate today unanimously passed House Bill 405, which would give the state statutory authority to prosecute crimes that occur on state-owned watercraft and aircraft operating outside Alaska waters.

Rep. Kevin Meyer (R-Anchorage) introduced HB 405 in response to a court's dismissal of a case in which a woman traveling on a state ferry between Bellingham and Ketchikan was sexually assaulted. Though the offense took place on a state owned- and -operated vessel, it was in Canadian waters at the time.

While a Ketchikan grand jury indicted the defendant on two felony and four misdemeanor charges in connection with the attack, the Alaska Superior Court dismissed the indictment, saying Alaska had no jurisdiction without a statute specifically authorizing the state to prosecute under such circumstances.

"I was very concerned with the court's dismissal because this crime is unlikely to be prosecuted by the federal government or the Canadian government," Meyer said. "The federal government does not generally prosecute offenses such as sexual assault, and the Canadian government has little interest in pursuing charges involving an Alaska victim."

While HB 405 will not affect this particular case, Meyer said he was pleased to help close a legal loophole and to allow the state jurisdiction to prosecute such crimes in the future. He also said he is not abandoning his efforts to bring the perpetrators of last summer's ferry attack to justice.

"I have written letters to the members of our federal delegation encouraging them to ask the federal district attorney to intervene on behalf of the young woman who was assaulted last summer," he said.

HB 405 moves next to the governor to be signed into law.

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