03/01/2006 08:30 AM Senate JUDICIARY

          SB 284-SENTENCING FOR ALCOHOL-RELATED CRIMES                                                                      
                                                                                                                                
9:54:31 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 284 to be up for consideration.                                                                
                                                                                                                                
SENATOR  GENE THERRIAULT  advised  committee  members there  were                                                               
questions  in the  previous  bill hearing  that  his staff  would                                                               
answer.                                                                                                                         
                                                                                                                                
DAVE STANCLIFF,  Staff to  Senator Therriault,  brought committee                                                               
members  up to  speed on  the  bill. There  are three  conceptual                                                               
changes that the drafters are  working on. In response to Senator                                                               
Guess's question  about the  definition of  "alcoholic beverage,"                                                               
it would be the same as "consumption of alcohol."                                                                               
                                                                                                                                
9:57:05 AM                                                                                                                    
MR.  STANCLIFF  continued  with  reference  to  Senator  French's                                                               
suggestion  for considering  multiple DUIs.  Staff is  working on                                                               
language to  say if a person  is convicted of three  or more DUIs                                                               
that  the judge,  who would  have  the discretion  to impose  any                                                               
length  up  to a  lifetime  ban,  could  use the  new  sentencing                                                               
option. The Department of Law has  stated that the use of alcohol                                                               
monitoring devices is exceptionally effective.                                                                                  
                                                                                                                                
9:59:03 AM                                                                                                                    
SENATOR THERRIAULT said during the  previous day's discussion, he                                                               
failed  to bring  to  light  that the  bill  would  only be  made                                                               
applicable under the certain crimes listed under AS 11.41.                                                                      
                                                                                                                                
MR.  STANCLIFF added  AS 11.41  is  the section  of statute  that                                                               
deals with felonies  and crimes against persons,  such as murder,                                                               
rape  and assault.  The minimum  in that  section would  be third                                                               
degree assault.                                                                                                                 
                                                                                                                                
SENATOR  THERRIAULT asked  for testimony  from the  Department of                                                               
Law.                                                                                                                            
                                                                                                                                
10:01:10 AM                                                                                                                   
DOUG  WOOLIVER, Assistant  Attorney  General,  Department of  Law                                                               
(DOL), noted  that there would be  no way for the  courts to know                                                               
whether anyone  has violated the  conditions of  probation unless                                                               
the person was  arrested on another offense. He said  it wasn't a                                                               
problem but just wanted to let them know.                                                                                       
                                                                                                                                
SENATOR  HOLLIS FRENCH  said SB  249,  which is  his bill,  would                                                               
assist in letting  the officers do a search  to determine whether                                                               
they were violating the terms of their probation.                                                                               
                                                                                                                                
10:03:08 AM                                                                                                                   
MR. WOOLIVER agreed.                                                                                                            
                                                                                                                                
SENATOR THERRIAULT  asked Mr. Wooliver whether  a private citizen                                                               
would be  able to report  when a person was  violating conditions                                                               
of probation or parole.                                                                                                         
                                                                                                                                
MR.  WOOLIVER said  yes and  then it  would be  up to  the police                                                               
whether they followed up on it.                                                                                                 
                                                                                                                                
SENATOR  FRENCH noted  an officer  could then  get a  warrant and                                                               
arrest the person.                                                                                                              
                                                                                                                                
CHAIR SEEKINS held the bill in committee.