Legislature(1995 - 1996)
05/07/1995 12:40 PM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 159(JUD)
An Act allowing a person under age 21 to be arrested by
a peace officer without a warrant for illegal
possession, consumption, or control of alcohol;
relating to the offenses of driving while intoxicated
and failure to submit to a chemical test of breath or
blood; and providing for an effective date.
Co-chairman Halford directed that CSHB 159 (Jud) be brought
on for discussion. He noted that the bill was held from a
previous meeting for development of a fiscal note showing
potential revenues from increased fines as well as a new
note from the Dept. of Corrections evidencing reduced costs
in the initial year of implementation. The Co-chairman
referenced information indicating that while fines might
total $760.0, 80% to 90% will be uncollectible for lack of
financial resources on the part of defendants. That reduces
possible revenue to $114.0. The new note for the Dept. of
Corrections reduces costs to $540.0 for the first year.
That cost is based on the same number of convictions used in
estimating revenues.
Senator Sharp remarked that although $114.0 in revenue is
anticipated, and the fiscal note for the Dept. of
Corrections has been cut in half, costs associated with the
bill total approximately $1.2 million and will result in
incarceration of an additional 300 people. He then voiced
reluctance to pass the bill until day-fine legislation is
brought in line.
Senator Phillips suggested that a lien for the unpaid fine
be placed against other property if the defendant's
automobile is not of sufficient value.
Co-chairman Halford asked that legislative staff and
representatives of impacted departments come before
committee. JERRY SHRINER, Special Assistant, Dept. of
Corrections; JUANITA HENSLEY, Chief, Driver Services,
Division of Motor Vehicles, Dept. of Public Safety; and
DANIELLA LOPER, aide to Representative Porter, came forward.
Senator Phillips suggested that defendants covered by the
proposed bill traditionally drive junker cars with little
worth. They cannot afford to pay their fines, and it costs
too much to put them in jail. He then suggested that other
property be seized. Juanita Hensley concurred in
frustration associated with definitive action against drunk
drivers. Experience over the past 15 years evidences that
the majority of the defendants are third, fourth, and
subsequent offenders who do not own their own cars. They
drive automobiles of little value or borrow from friends.
In applying its motor vehicle forfeiture law, the City of
Anchorage found that many confiscated vehicles do not pass
emission control inspection. The city then has to pay to
have the vehicles destroyed. Mrs. Hensley deferred comment
on seizure of other property to the Dept. of Law.
Mr. Shriner commented on information from the court system
indicating little ability to collect fines or the cost of
care from third and subsequent offenders. Senator Phillips
reiterated need to seize something of value from defendants.
Ms. Loper stressed that the proposed bill would commence
evaluation of alcohol screening. That has never been done
before. It is intended to provide evaluation regarding how
to combat fourth and fifth repeat offenders. Suspended jail
time will also be imposed upon the convicted felon in the
hope that it will be a deterrent. The bill also authorizes
the Court System to utilize rehabilitative measures such as
drug therapy, etc.
Discussion of application of subsection (q) followed between
Senator Rieger and Ms. Loper. Ms. Loper explained that the
fine would be equal across the board, regardless of whether
the defendant is indigent or wealthy. Mrs. Hensley
concurred that the Court System assesses a fine for
everyone. However, it also determines whether a person can
pay the fine. If found to be indigent, the defendant does
not pay. A finding of indigency is a separate proceeding.
Language in the proposed bill says that the court may not
suspend imposition of sentence on these defendants. It must
assess the $5,000 fine and impose jail time.
Senator Rieger next directed attention to page 1 of the bill
and attested to ongoing discussion of the difference between
"reasonable" and "probable" cause. He then attested to a
greater level of comfort with "probable cause" and MOVED to
substitute "probable" for "reasonable" at page 1, line 8.
No objection having been raised, the AMENDMENT was ADOPTED.
Senator Zharoff voiced concern that abuse could result from
provisions allowing for arrest without a warrant for alcohol
related crimes. Co-chairman Halford remarked that the
standard of probable cause is the standard for initiating
action by a police officer for all crimes.
Referencing language at page 1, line 11, Senator Zharoff
raised a question concerning addition of "or an ordinance
with similar elements." Ms. Loper explained that the
language was added "so that municipalities may be able to
use this law." Juanita Hensley added that AS 04.16.050
relates to possession, control, and consumption of alcohol
by persons under twenty-one. It does not relate to sale of
alcohol.
Discussion of warrant arrest followed between Senator Rieger
and Ms. Loper. Senator Rieger asked if warrantless arrest
also allows for search. Ms. Loper responded negatively.
The Senator stressed that the bill should not provide a
loophole for warrantless searches.
Senator Rieger MOVED for passage of SCS CSHB 159 (Fin) with
individual recommendations. Senator Zharoff OBJECTED. Co-
chairman Halford acknowledged a bare quorum of four members
in attendance and objection to passage. He then directed
that the bill be held in committee for full attendance.
RECESS
The meeting was recessed at 1:25 p.m., subject to recall by
the chair, for possible continued discussion later in the
day.
| Document Name | Date/Time | Subjects |
|---|