Legislature(2001 - 2002)
04/18/2001 01:44 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 40 "An Act providing for the revocation of driving privileges by a court for a driver convicted of a violation of traffic laws in connection with a fatal motor vehicle or commercial motor vehicle accident; amending Rules 43 and 43.1, Alaska Rules of Administration; and providing for an effective date." DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, explained that the legislation would revoke licenses of those that violate a traffic law or regulation of the state, which results in a death. Licenses would be revoked for a year. He noted that there are a number of fatal accidents on Alaskan highways. He observed that the criminal penalty does not cover accidents where a traffic law or regulation was violated such as running a stop light, falling asleep at the wheel, crossing the center line, or going off the road. Currently, the only penalty is a $300 dollar fine in the form of a traffic ticket. Victims' families question how someone who caused a death can be allowed to continue driving. He noted that, on page 2: if a person is convicted of a violation of a traffic law and the court finds that the person was operating a motor vehicle and the driver's violation of a traffic law contributed to an accident that caused the death of another person then their license would be revoked for one year. He recounted testimony and observed the affect on families. Mr. Guaneli stressed that the question is, "should the state of Alaska recognize that the poor judgment that is exercised, whether you run a red light or whether you fall asleep at the wheel, whether that justifies revoking the license". He maintained that the answer to the question is "yes". The legislation provides license revocation for one year and also provides for a limited driver's license. The court can grant a limited license to drive for purpose of work or drive for purposes of providing care for someone who is in need of the [driver's] physical care. There is adequate protection to prevent loss of employment. He asserted that it is time to recognize that there are a wide variety of circumstances that reflect poor judgment, poor driving and as a result, license action should be taken. Vice-Chair Bunde asked if it would be a presumptive sentence or mandatory minimum sentence. Mr. Guaneli stated that it would be and noted that the Court would need to make certain findings that the conduct contributed to the death. If there were another license revocation (if the conduct put the driver's points over the limit), the revocation would run concurrently. It would guarantee that the sentence would be at least one year. In response to Vice-Chair Bunde, Mr. Guaneli discussed presumptive sentencing. He pointed out that the Administration is advocating for an appropriate sanction were none exists. st Representative Lancaster asked why there is a September 1 effective date. Mr. Guaneli did not know the rationale for the effective date. Representative Harris felt that the legislation was "unsettling". He observed that the penalty for the identical conduct is changed depending on the outcome. Mr. Guaneli pointed out that the law looks at the circumstances and what results from the conduct in addressing sanctions. Representative Croft noted that the legislation represents "almost a strict liability consequence of a violation that is proven". He questioned the lack of a mental state. Mr. Guaneli noted that the state does not have to prove intent for most violations of traffic laws. Mental states that are generally associated with criminal law do not applied to traffic violations. If the state could prove criminal negligence then the current criminal negligence law would pertain. The legislation would apply to a small set of cases, perhaps a half a dozen cases a year that do not fall under other criminal law. If the driver simply acts carelessly, the only action would be a civil lawsuit. The state could do nothing more than issue a traffic ticket. In response to a question by Representative John Davies, Mr. Guaneli clarified that the preponderance of evidence standard is the usual legal standard applied in civil cases involving negligence involving torts or contracts. The penalty is in essence a civil penalty or administrative action imposed by the court. The preponderance of evidence standard would be the appropriate standard. Representative John Davies observed that it is a relatively low standard. He concluded that the action is between civil and criminal. He questioned if it is appropriate to maintain a civil standard when the case would be in between. Mr. Guaneli explained that in most cases the court would have found clear and convincing evidence and would be able to make the [clear and convincing evidence] standard. He did not think it [the change to clear and convincing evidence] would make a practical difference. Representative Davies expressed further concern with the use of "contributed" on line 7, page 2: the violation of traffic laws by the person contributed to the accident. He observed that the person who was killed could also have done something that "contributed" to the accident. Mr. Guaneli noted that the [conduct of the person killed] does not directly enter into the case. The court would discern whether the violation of the traffic law contributed to the accident and other negligence by another party is not the court's concern. He argued in support of the language contained in the legislation. Representative Davies pointed out that the accident must "cause" the death. He expressed further concern with the fact that there may be different levels of contribution to the accident and questioned if "contributed" should be changed to "caused". Mr. Guaneli stated that he did not object to "substantially contributed" to the accident. The legal system has a variety of terms that it uses to weigh levels of culpability. All of these concepts are taken into consideration. He explained that the intent is not to turn these cases into large involved civil lawsuits. The legislation is designed to be a simple decision by a magistrate that the violation contributed to the accident. It is not designed to be used in later civil litigation. The legislation provides that the decision by the judge is not to be used in other litigation. Representative Davies gave an example of an accident: a person at a stop sign has their car stall when they go into the intersection. Another person comes over a hill, where there is reduced sight and hits the stalled car. The stalled car would be guilty of a traffic violation. The person that came over the hill was speeding. He questioned if the driver of the stalled car would lose their license if the driver of the speeding car were killed. Mr. Guaneli was not sure. He stated that if the violation were not a moving violation the law would not apply. HB 40 was heard and HELD in Committee for further consideration.
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