Legislature(2019 - 2020)BUTROVICH 205
05/16/2019 11:00 AM House CONFERENCE COMMITTEE ON HB49
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| Audio | Topic |
|---|---|
| Start | |
| HB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 49 | TELECONFERENCED | |
HB 49-CRIMES; SENTENCING;DRUGS;THEFT; REPORTS
12:05:37 PM
CHAIR CLAMAN announced that the only order of business would be
HOUSE BILL NO. 49, "An Act relating to criminal law and
procedure; relating to controlled substances; relating to
probation; relating to sentencing; relating to reports of
involuntary commitment; amending Rule 6, Alaska Rules of
Criminal Procedure; and providing for an effective date."
[Before the committee were CSHB 49(FIN) am and SCS CSHB 49(FIN)
am S.]
12:05:56 PM
REPRESENTATIVE KOPP moved that the Conference Committee on HB 49
adopt CSHB 49(FIN) am, as a working document.
12:06:04 PM
CHAIR HUGHES objected.
12:06:15 PM
A roll call vote was taken. Representatives Kopp voted in favor
of adopting CSHB 49(FIN) am, as a working document.
Representatives Pruitt and Claman and Senators Wielechowski,
Shower, and Hughes voted against it.
12:06:43 PM
REPRESENTATIVE KOPP asked for a reconsideration on his vote.
CHAIR CLAMAN [voided the roll].
12:06:50 PM
A roll call vote was taken. Representatives Kopp, Pruitt, and
Claman voted against adopting CSHB 49(FIN) am, as a working
document. Senators Wielechowski, Shower, and Hughes voted
against adopting CSHB 49(FIN) am, as a working document.
Therefore, the motion failed by a vote of 0:3 {House) and 0:3
(Senate).
12:07:33 PM
CHAIR HUGHES moved to adopt SCS CSHB 49(FIN) am S, as a working
document.
12:07:37 PM
REPRESENTATIVE CLAMAN objected.
12:07:44 PM
A roll call vote was taken. Representative Pruitt voted in
favor of the motion to adopt SCS CSHB 49(FIN) am S, as a working
document. Representatives Kopp and Claman voted against it.
Senators Shower and Hughes voted in favor of the motion to adopt
SCS CSHB 49(FIN) am S, as a working document. Senator
Wielechowski voted against it. Therefore, the motion failed by
a vote of 1:2 (House) and 2:1 (Senate).
12:08:22 PM
CHAIR HUGHES moved to adopt SCS CSHB 49(FIN) am S, Version 31-
GH1029\R.A [as modified - details follow below] as a working
document. There being no objection, Version R.A [with the
following modifications] was before the committee.
12:08:50 PM
REPRESENTATIVE CLAMAN announced that the Conference Committee on
HB 49 would use Version R.A as its working document, with the
following modifications and changes, which he listed from a
script that read as follows [original punctuation provided]:
1.) The Pretrial Division will remain as set forth in
existing statutes.
2.) The House version of the bill establishing that the
court shall consider the pretrial risk assessment in making
bail decisions so long as the assessment is available.
3.) The terroristic threatening definition in the House
version section 31 as amended to correct technical and
drafting issues.
4.) The disorderly conduct provisions in section 40 as
amended to include a sentence of not more than 72-hours for
the first offense and a sentence of not more than 10 days
on all subsequent convictions.
5.) The 2nd time drug possession offense in section 51 as
amended to add a 10-year look back provision.
6.) Modifications to the felony presumptive sentencing
structure with regard to class A, B, & C felonies in
sections 72, 73, and 74 to reflect the sentencing structure
as follows:
• Class A felony (1st conviction): 4-7 years
• Class A felony (2nd conviction): 10-14 years
• Class A felony (3rd conviction): 15-20 years
• Class B felony (1st conviction): 1-3 years
• Class B felony (2nd conviction): 3-7 years
• Class B felony (3rd conviction): 6-10 years
• Class C felony (1st conviction): 0-2 years
• Class C felony (2nd conviction): 2-4 years
• Class C felony (3rd conviction): 3-5 years
7.) The DWLS provisions in sections 94 & 95 as amended to
provide that first time incidents involving an
administrative suspension is a violation and all subsequent
incidents are a crime.
8.) The parole restructuring in sections 108, 109, 112,
124, and 125 as amended to remove manslaughter from the
subject offenses that are not eligible for discretionary
parole and good time credit.
9.) The limitation on pretrial rehabilitation credit in
section 68 as amended to establish a 1-year limit replacing
the 180-day limit. The amendment will be 1 year and not 165
days as noted on the annotated bill.
10.) The House version regarding section 144, which means
no change to Criminal Rules 45 and a defendant's right to
waive their speedy trial rights and the section will not be
in the bill.
11.) Section 77 in the house version regarding applications
for discretionary parole.
12.) Section 101 of the bill regarding use of headlights as
amended to correct technical and drafting issues.
13.) Section 157 as amended to remove the reference to
"section 101" of the bill.
14.) Section 145 of the bill and section 99 of the house
version as amended to accurately reflect sections repealed.
15.) All sections in the bill and the House version
regarding applicability as amended.
16.) Section 55 will be amended to add references as
necessary to conform to changes in this bill. This change
will require limited powers of free conference.
12:12:22 PM
REPRESENTATIVE CLAMAN relayed that there had been committee
consideration about whether to [seek] powers of free conference
to address final regulations for the pretrial assessment tool,
as well as amendments for a peer review of the tool. He said
the decision was made not to seek powers of free conference, but
there have been questions about the Department of Corrections
and its plans to get the pretrial risk assessment tool
regulations in place. Chair Claman invited Kelly Goode to come
before the committee to speak on this issue.
12:13:23 PM
KELLY GOODE, Deputy Commissioner, Department of Corrections
(DOC), stated that both she and the commissioner of the
department have been on the record that the department will
establish the regulations necessary to comply with the law. She
said, "We understand that those were not done previously, and
we'll correct that." In response to Chair Claman, she said she
could not give an exact timeline for completion of the
regulations, but she said it is the commissioner's desire to
work on them immediately, "once we've got everything in place."
She said this would be done "as efficiently and as quickly as
possible."
CHAIR CLAMAN asked if Ms. Goode could offer reasonable
confidence that by the time the legislature convenes in January
2020 the regulations would be in place.
MS. GOODE answered, "That is definitely our hope, yes."
12:14:20 PM
CHAIR HUGHES noted there had been an agreement to add peer
review language for the assessment tool; however, because that
would be complicated, there was agreement not to include that
language. She said there has been discussion about putting
forth a bill in which "the particulars of that could be worked
out." She asked Ms. Goode for comment.
MS. GOODE said the only language pertaining to this issue that
she had seen was perhaps in an amendment in the House Judiciary
Standing Committee. She said the department would be willing to
look at the issue with legislative members to "see how that
could maybe positively affect it." She added, "But we don't
have any position on that right now."
CHAIR HUGHES clarified, "We're not wanting a fiscal note with
this study; ... we just wanting to make sure we have something
as accurate as possible." She said this could be something to
work on in the next session.
12:15:42 PM
REPRESENTATIVE CLAMAN noted that Representative Shaw had offered
an amendment [in the House Judiciary Standing Committee], and
although the amendment was defeated, Representative Claman
expressed his support "of that same direction."
12:16:20 PM
SENATOR SHOWER, regarding driving with license revoked (DWLR)
and driving with license suspended (DWLS), stated for the record
that an agreement had been reached that first-time offenses -
administrative offenses - would be violations, while all court
revocations - criminal offenses - would be a Class A
misdemeanor.
REPRESENTATIVE CLAMAN confirmed that is correct. He added that
only administrative revocations would get a first-time
violation; anything that is a court revocation would be a
misdemeanor. He added, "It's only that first administrative ...
suspension that could be a violation, and the second time, that
would be a crime."
12:17:28 PM
REPRESENTATIVE KOPP elucidated that administrative suspensions
are usually four points or a lapse in insurance, versus
suspensions - revocations for criminal offenses - like driving
under the influence (DUI).
12:17:47 PM
CHAIR HUGHES stated that the authorization for the pretrial
services program is being added, but this would do nothing to
prohibit the current administration from operating the pretrial
services program as it currently has been doing under the
probation and parole program.
12:18:17 PM
SENATOR SHOWER noted there had been "a lot of consternation
about the risk assessment tool," but it has been agreed that
while the tool stays, it would not be required of a judge to use
that tool.
12:19:02 PM
CHAIR HUGHES clarified the tool would be on a list of things the
judge considers, but would absolutely have "no weight or power
or authority."
12:19:16 PM
REPRESENTATIVE KOPP confirmed the correctness of Chair Hughes'
statement. He said, "It is something the court will consider,
but it is no longer directly a trump card, if you will, on the
decision to release or not."
12:19:35 PM
SENATOR SHOWER clarified, "There's no longer any weight to this;
it's just a list of 12 different items that a judge may look
at." He explained that that had been "a big point of
contention," so he wanted the public to have this information.
12:20:04 PM
REPRESENTATIVE CLAMAN expressed interest in seeing the research
and data by the University of Alaska - Anchorage Justice Center
regarding the pretrial assessment tool, and he said that
information would most likely be available by the end of June
[2019].
12:20:36 PM
REPRESENTATIVE KOPP expressed his pleasure in the combined
efforts of both minority and majority members in the House and
Senate in coming forward with a joint proposal. He emphasized
the role played by minority members and highlighted in
particular the role that Senator Wielechowski played in
facilitating discussion. He opined that it is good to have
skilled attorneys involved in the dialogue. Referring to
legislative members again, he stated, "It's a stronger proposal
because it is joint."
12:21:25 PM
CHAIR HUGHES thanked the public for weighing in and putting
pressure on the legislature to overhaul the criminal statutes.
She then thanked staff members who worked tirelessly to "help
get us to this point." She noted that agreement had been
reached to create an informal working group to look at ways to
reduce recidivism and give the Department of Corrections the
necessary tools to help offenders be in better shape when they
exit the system. She concluded, "That is step two of making
Alaska a safer place."
12:22:36 PM
SENATOR WIELECHOWSKI thanked Senator Hughes and Representative
Claman for their leadership. He said, "This was truly a
bipartisan/bicameral effort. Everyone was involved." He said
there were heated discussion in the creation of a "tough on
crime" bill that he called "an absolute repeal and replacement
on Senate Bill 91 [passed during the Twenty-Ninth Alaska State
Legislature]." He thanked staff for their input and expressed
support of Version R.A [as modified].
REPRESENTATIVE CLAMAN thanked all members of the Conference
Committee on HB 49 for their efforts to do what is right for
Alaska in increasing public safety. He thanked staff for their
help.
12:24:06 PM
CHAIR HUGHES moved to request limited powers of free conference
for HB 49 on: Sections 31, 50, 99 (House); and Sections 39, 40,
51, 55, 68, 72, 73, 74, 94, 95, 101, 108, 109, 112, 124, 125,
145, 157, 158 (Senate); any remaining sections related to
pretrial services: 62, 67, 104, 105, 106, 107, 128, 149, 150
(Senate). There being no objection, it was so ordered.
CHAIR CLAMAN noted members must sign a letter.
12:25:03 PM
The committee took an at-ease from 12:25 p.m. to 12:27 p.m.
12:27:01 PM
SENATOR SHOWER thanked Senators Peter Micciche and Lora
Reinbold, in the audience, for their efforts on this
legislation. He further thanked Majority Leader, Senator Mia
Costello as an "outspoken voice of the victim."
12:27:53 PM
CHAIR HUGHES moved that pursuant to receiving the power and the
suspension of the Uniform Rules as requested, the Conference
Committee on HB 49 adopt the conference committee substitute
(CCS) for HB 49, as described by [Chair Claman], with attached
and forthcoming fiscal notes.
CHAIR CLAMAN stated that the motion before the committee was to
send a report to the respective bodies recommending the approval
of CCS HB 49.
12:28:15 PM
A roll call vote was taken. Representatives Pruitt, Kopp, and
Claman voted in favor of adopting the CCS for HB 49. Senators
Wielechowski, Shower, and Hughes voted in favor of adopting the
CCS for HB 49. Therefore, by a vote of 3:0 (House) and 3:0
(Senate), it was so ordered.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2019.05.16 Conference Committee Description of Changes.pdf |
JHB49 5/16/2019 11:00:00 AM |
HB 49 |