Legislature(1995 - 1996)
04/26/1995 01:50 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL 159
"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 with a revoked
license, driving while intoxicated, or failure to
submit to a chemical test of breath or blood; and
providing for an effective date."
REPRESENTATIVE BRIAN PORTER testified in support of HB 159
noting that it would allow the court the option of ordering
a person to take Antibes or a similar drug as a condition of
parole or probation. Also, the bill would require a person
convicted of a felony Driving While Intoxicated (DWI) to be
evaluated by an alcohol screening agency before that person
is sentenced. Additionally, the legislation would allow the
court to impose suspended jail time on a person convicted of
a felony DWI, who fails to complete the alcohol treatment
ordered by the court. Representative Porter distributed to
Committee members a handout titled "Impaired Driving
Assessment". [Attachment #5].
Representative Porter emphasized that the most frequent
violent crime in the country is drunk driving. A study
published by the Alaska Department of Transportation and
Public Facilities (DOTPF) stated that alcohol was a factor
in 982 accidents statewide in 1993. He added that repeat
offenders account for a disproportionate number of fatal
accidents. In fatal accidents in which the driver is drunk,
those persons with a prior conviction for drunk driving
would be five times more likely to be involved than that
person with no record.
Representative Porter concluded, driving is a privilege, not
a right! HB 159 would give Alaska one of the toughest drunk
driving statutes in the nation and the legislation would
send a clear message that Alaskans will no longer tolerate
persons who drive drunk.
Representative Porter requested that Section #1 which would
allow a person under the age 21 to be arrested by a peace
officer, without a warrant, for illegal possession,
consumption, or control of an alcoholic beverage and Section
ignition interlock device as a part of a fine imposed for
convictions of driving while intoxicated or refusal to take
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a breath test, to remain in the legislation if changes are
made.
MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, commented that the current Administration
supports getting tough on drunk drivers, although, she noted
two troublesome sections of the legislation. The first area
of concern would be the fiscal impact. Felony case costs
are much more to prosecute than misdemeanors. Each case
would be required to go to the grand jury. Ms. Knuth noted
that there would be 300 to 400 hundred persons each year who
would qualify for DWI treatment. She added, that because of
felony sanctions, defendants who are accused of felonies
more often go to trial than they would on a misdemeanor.
For that reason, the Department has submitted fiscal notes
requesting four new positions.
Ms. Knuth added that the legislation would establish what
sentences should be imposed for a felony offense. For the
first felony offense, the court would impose a sentence of
(120) one hundred twenty days, whereas, for second felony
offense, the sentence would be (240) two hundred forty days,
and the third sentence would be (360) three hundred sixty
days. The Legislature has adopted presumptive sentencing
for felony cases. She stressed that the costs associated
with the legislation would be significant.
MIKE CORHILL, (TESTIFIED VIA TELECONFERENCE), PRESIDENT,
ALASKA PEACE OFFICER ASSOCIATION, ANCHORAGE, spoke in
support of the legislation. He stated that the Alaska Peace
Officer Association believes that a harsher way in dealing
with drunk drivers should be implemented. Mr. Corhill
reflected on the seriousness of the problem and recommended
that the situation be handled criminally. He thought that a
Class "C" felony would serve as a deterrent factor to the
current crime associated with drinking.
Representative Martin asked which section of the legislation
would ease the concerns for the Department of Law. Ms.
Knuth stated that Section #7 of the bill contains a
provision which makes the third and subsequent offenses a
felony. Sections (1), (a)(b) & (c), specifies a sentence
that is less than what presumptive sentencing requires.
Representative Martin asked if problems with the persons
individual rights could occur in that section of the
legislation dealing with the breath test. Ms. Knuth
responded that Alaska was the first State to specify that a
blood sample could not be taken from someone suspected of
drunk driving. The courts have allowed, as an alternative,
the same sanction as if a person were found to be a drunk
driver. Ms. Knuth pointed out that law had been challenged
and was upheld.
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JERRY SHRINER, SPECIAL ASSISTANT, OFFICE OF THE
COMMISSIONER, DEPARTMENT OF CORRECTIONS, stated that the
Department does not oppose the legislation although
emphasized that the fiscal impact would be significant. To
raise the offense from a misdemeanor to a felony would
require the Department to supervise and write court reports
on a group of people not currently being supervised. He
emphasized that passage of the legislation would require
absolute funding.
Representative Martin asked if the Department could refer
the person to a detox center. Mr. Shriner advised that the
Department of Corrections does not have that flexibility.
Ms. Knuth interjected that there are inpatient programs
which count the same as jail time because they create such
an imposition on the persons freedom.
(Tape Change, HFC 95-100, Side 2).
LOREN JONES, DIRECTOR, DIVISION OF ALCOHOLISM & DRUG ABUSE,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, stated that the
Department had concerns with Section #7. He pointed out
that as part of the imposition of sentence, the court would
be allowed to order, as a condition of parole, that an
individual take a drug or combination of drugs which would
then prevent the consumption of alcohol. He explained that
not everyone would be physically capable of taking the
recommended drug Antibuse. Research has shown that the drug
only works well when the client is monitored in a treatment
program.
DEL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY,
noted that the Department would be supportive of any effort
to remove drunken drivers off the highways, although pointed
out the fiscal impact costs associated with the potential
jail sentences, resulting in court trial overtime.
Representative Brown asked if the current planned
enhancements would address information resulting from prior
DWI's. Ms. Knuth replied that it would be difficult to
determine which DWI offense would be for the offense that
person committed in determining sentencing.
Representative Brown inquired if the $1.8 million dollar
fiscal impact would equal the benefit in safety provided by
the legislation. Mr. Smith advised that it is important for
public safety to get drunk drivers off the road. Discussion
followed among Committee members regarding the fiscal cost
and the safety that would be potentially provided through
the legislation.
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Representative Martin MOVED to report CS HB 159 (JUD) out of
Committee with individual recommendations. There being NO
OBJECTION, it was so ordered.
CS HB 159 (JUD) was reported out of Committee with "no
recommendations" and with fiscal notes by the Department of
Administration, the Department of Public Safety dated
3/29/95, the Alaska Court System dated 3/29/95, the
Department of Corrections dated 3/29/95 and the Department
of Law dated 3/29/95.
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