03/09/2011 01:00 PM House JUDICIARY

         HB 175 - COURT APPEARANCES; ARSON; INFRACTIONS                                                                     
                                                                                                                                
1:37:31 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced  that the  only order  of business                                                               
would be  HOUSE BILL NO. 175,  "An Act relating to  an appearance                                                               
before  a judicial  officer after  arrest; relating  to penalties                                                               
for  operating  a  vehicle  without  possessing  proof  of  motor                                                               
vehicle liability  insurance or  a driver's license;  relating to                                                               
penalties  for certain  arson  offenses;  amending Rule  5(a)(1),                                                               
Alaska Rules of Criminal Procedure,  and Rule 43.10, Alaska Rules                                                               
of Administration; and providing for an effective date."                                                                        
                                                                                                                                
1:38:41 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal Division,  Department  of  Law (DOL),  relayed                                                               
that HB  175 would address  four inconsistencies in  current law.                                                               
She  explained   that  Sections   1,  2,   and  6   -  pertaining                                                               
respectively to  AS 12.25.150, rights  of prisoner  after arrest,                                                               
AS 12.70.130, arrest  without warrant of a person  charged with a                                                               
crime in another  state, and Rule 5(a)(1) of the  Alaska Rules of                                                               
Criminal Procedure, proceedings before  the judge or magistrate -                                                               
would conform  those provisions  of law  to reflect  changes made                                                               
last year via House Bill 324.   Specifically, that bill last year                                                               
increased the timeframe - from 24 hours  to 48 hours - in which a                                                               
person  must be  brought before  a judicial  officer after  being                                                               
arrested;  unfortunately,  that  bill   neglected  to  also  make                                                               
conforming changes to AS 12.25.150 and AS 12.70.130.                                                                            
                                                                                                                                
MS.  CARPENETI  explained  that  Section 3  -  pertaining  to  AS                                                               
28.15.131, license to be carried  and exhibited on demand - would                                                               
conform that  statute to  current court rules  - Alaska  Rules of                                                               
Administration  -  which  provide  that not  having  one's  valid                                                               
driver's license  in one's possession  while driving is  merely a                                                               
correctable  infraction, with  bail  set at  $50,  rather than  a                                                               
class B  misdemeanor.   Section 4 -  pertaining to  AS 28.22.019,                                                               
proof of  insurance to be  carried and exhibited on  demand [and]                                                               
penalty - would  similarly conform that statute  to current court                                                               
rules - Alaska  Rules of Administration - which  provide that not                                                               
having proof  of insurance in  one's possession while  driving is                                                               
merely a correctable  infraction, with a mandatory  fine of $500,                                                               
rather than  a class B  misdemeanor with a  discretionary minimum                                                               
fine of $500.                                                                                                                   
                                                                                                                                
MS.  CARPENETI  explained  that  Section 5  -  pertaining  to  AS                                                               
41.23.220, penalty  [for committing violations in  the Knik River                                                               
Public Use  Area] - would  conform that statute to  AS 11.46.420,                                                               
pertaining to  the crime arson in  the third degree.   Enacted in                                                               
2006,  AS  41.23.220  and associated  regulations  provided  that                                                               
burning a  vehicle in the Knik  River Public Use Area  would be a                                                               
violation, with a  bail amount of $50; in  contrast, when enacted                                                               
in 2008,  AS 11.46.420 provided  that burning a vehicle  on state                                                               
or  municipal land  would be  a  class C  felony property  crime.                                                               
Under Section  5, all burning  of vehicles in public  areas would                                                               
be  a class  C felony,  and this  is in  keeping with  the latest                                                               
expression of  legislative intent  as evidenced by  the enactment                                                               
of AS 11.46.420.                                                                                                                
                                                                                                                                
MS.  CARPENETI, referring  again  to Section  6, elaborated  that                                                               
when Rule 5(a)(1)  of the Alaska Rules of  Criminal Procedure was                                                               
changed  last  year via  the  aforementioned  House Bill  324,  a                                                               
drafting error  occurred.  By  rewriting Rule 5(a)(1),  Section 6                                                               
corrects that error, which mistakenly  defined a term that wasn't                                                               
being  used in  that  rule.   Section  6 would  not  be making  a                                                               
substantive  change   to  that   court  rule,  she   assured  the                                                               
committee.                                                                                                                      
                                                                                                                                
1:47:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG,  on   the  issue   of  applicability,                                                               
referred  to Section  8's subsection  (a), which  stipulates that                                                               
Sections  1  - 4  of  the  bill  apply  to arrests  for  offenses                                                               
committed before,  on, or  after the  bill's effective  date, and                                                               
subsection (b),  which stipulates  that Sections 5  - 7  apply to                                                               
offenses committed  on or  after the bill's  effective date.   He                                                               
questioned  whether   Section  8  should  instead   provide  that                                                               
Section 6 of  the bill has  the same applicability as  Sections 1                                                               
and 2, since all three sections address the same issue.                                                                         
                                                                                                                                
MS.  CARPENETI  concurred  with  that  point  and  asked  for  an                                                               
opportunity  to  research  the  issue  further.    She  ventured,                                                               
though, that perhaps Section 8 was  drafted as it was merely as a                                                               
courtesy to the  Alaska Court System (ACS), that  its court rules                                                               
not be changed  retroactively.  She also noted  that it shouldn't                                                               
make a difference  either way, since the change from  24 hours to                                                               
48  hours  was made  to  Rule  5(a)(1)  of  the Alaska  Rules  of                                                               
Administration last  year.  In  response to a  question regarding                                                               
Section 4, Ms.  Carpeneti explained that the  mandatory $500 fine                                                               
would  only be  assessed if  the infraction  is not  corrected by                                                               
providing proof of insurance; this  provision of the bill doesn't                                                               
address  driving  without  automobile insurance  altogether,  but                                                               
rather only driving without proof of automobile insurance.                                                                      
                                                                                                                                
MS.  CARPENETI,  in response  to  comments  and other  questions,                                                               
reiterated portions  of her explanation  of Section  5, surmising                                                               
that the  rationale for  establishing the crime  of arson  in the                                                               
third degree  back in 2008 was  that a burning vehicle  creates a                                                               
huge  safety hazard  for both  life and  property, and  explained                                                               
that Section  7 provides  notice that Section  5 would  effect an                                                               
indirect court  rule change,  specifically to  Rule 43.10  - Knik                                                               
River Public  Use Area Bail  Forfeiture Schedule - of  the Alaska                                                               
Rules of Administration; that providing  for a specific effective                                                               
date lets  everyone know exactly  when the new laws  take effect;                                                               
and  that the  crime  of arson  in the  third  degree requires  a                                                               
culpable mental state of "intentionally".                                                                                       
                                                                                                                                
VICE  CHAIR  THOMPSON announced  that  the  committee would  hold                                                               
HB 175 over and keep public testimony open.