Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/17/2018 09:00 AM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB307 | |
| HB355 | |
| HB170 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 170 | TELECONFERENCED | |
| += | HB 355 | TELECONFERENCED | |
| += | HB 307 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF
9:23:03 AM
CHAIR COGHILL announced the consideration of HB 307 and noted
the proposed committee substitute (CS).
9:23:33 AM
SENATOR COSTELLO moved to adopt the work draft Senate CS for HB
307, version 30-LS1099\U, as the working document.
CHAIR COGHILL objected for an explanation.
9:23:57 AM
SENATOR SHOWER joined the committee.
9:24:07 AM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 307, said Kendra Kloster would go through
the changes.
9:24:19 AM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, Juneau, Alaska, stated that version U is the result
of work by the Department of Public Safety and the Department of
Military & Veterans Affairs (DMVA) to ensure that the bill works
as intended. She reviewed the changes that appear in version U
speaking to the following prepared document:
The bill adds sex offender registration requirements
for certain Alaska Code of Military Justice (ACMJ)
offenses. Consistent with other Alaska crimes that
require registration, this adds the requirement to
register for convictions under laws of other
jurisdictions similar to those ACMJ offenses to
sections 1, 2, and 3.
Adds to Section 3 a limitation on the requirement to
register under AS 26.05.893 similar to the limitation
on the registration requirement on AS 26.05.890. This
ensures the registration requirements apply to similar
offenses as those under the Alaska criminal code and
are not overly broad.
Section 11 changes the basis of defining ACMJ offenses
as felony or misdemeanor to the possible penalty
rather than the actual penalty. This corresponds to
the definition of felony and misdemeanor crimes in
common law and the Alaska criminal code.
Sections 5 and 40 extend DNA and fingerprint
collection requirements that exist for civilian crimes
to ACMJ crimes.
Maximum penalties are added to the new ACMJ offenses
in the bill consistent with the formulation of already
existing ACMJ offenses. The punishments are consistent
with the punishments under the federal Uniform Code of
Military Justice. [These changes appear in Sections
12, 14, 15, 17, 19, 20, 21, 22, 26, 31, 36, and 38.]
9:28:39 AM
CHAIR COGHILL noted that Captain Blake Circle with the Alaska
Army National Guard was available to answer questions.
SENATOR COSTELLO asked the sponsor if he had contemplated making
the bill retroactive.
REPRESENTATIVE TUCK answered no.
SENATOR SHOWER asked if 20 years of age referenced in the bill
matches the federal Uniform Code of Military Justice (UCMJ) law.
9:30:20 AM
CAPTAIN BLAKE CIRCLE, Alaska Army National Guard, JBER, Alaska,
replied the under 20 years of age limitation is intended to
mirror the cutoff for like civilian crimes.
CHAIR COGHILL asked the sponsor if he had anything to add.
MS. KLOSTER deferred to Captain Circle to comment on the
changes.
CAPTAIN CIRCLE said DMVA worked closely with the Department of
Public Safety (DPS) and the Department of Law to develop the CS.
DMVA supports the bill at this point.
9:32:06 AM
CHAIR COGHILL removed his objection and version U was adopted.
9:32:28 AM
SENATOR COSTELLO moved to report the Senate CS for CS for HB
307, version U, from committee with individual recommendations
and attached zero fiscal note(s).
CHAIR COGHILL found no objection and SCS CSHB 307(JUD) moved
from the Senate Judiciary Standing Committee.