Legislature(2005 - 2006)HOUSE FINANCE 519

04/13/2005 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 182 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES TELECONFERENCED
Moved CSHB 182(FIN) Out of Committee
+ HB 169 REAL ESTATE LICENSEE EDUC TELECONFERENCED
Heard & Held
+ HB 98 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT TELECONFERENCED
Moved CSHB 98(STA) Out of Committee
+ HB 27 MUNI PROP TAX EXEMPTION FOR POLICE HOMES TELECONFERENCED
Scheduled But Not Heard
Bills Previously Heard/Scheduled
= HB 32 APPROP: GRANT TO ARCTIC POWER FOR ANWR
Moved CSHB 32(FIN) Out of Committee
+ HB 54 BAIL REVIEW TELECONFERENCED
Moved CSHB 54(FIN) Out of Committee
HOUSE BILL NO. 54                                                                                                             
                                                                                                                                
     "An Act relating to bail review."                                                                                          
                                                                                                                                
REPRESENTATIVE  RALPH SAMUELS,  sponsor,  explained that  the                                                                   
bill  does several  things.   Currently  a  defendant may  be                                                                   
granted a bail  hearing every 24 hours.  This  has been taken                                                                   
advantage of for a number of reasons.   To help limit some of                                                                   
the abuses, HB  54 proposes that the accused  must submit, in                                                                   
writing, that  there exists new  information for  the court's                                                                   
consideration  that was  not  considered  at prior  hearings.                                                                   
Second, the  district attorney  is given  48 hours  notice in                                                                   
which to  notify the victim of  the hearing.   Finally, there                                                                   
will be  a 48-hour period  between calendared  bail hearings.                                                                   
Without HB 54 the  first bail is set high, then  in court the                                                                   
bail is reset at  a reasonable level for the  offense.  Every                                                                   
day the  defendant could  request a  bail hearing,  which the                                                                   
victim has the right to attend.                                                                                                 
                                                                                                                                
Representative  Samuels explained that  the bill  was amended                                                                   
in Judiciary  to add  that a  victim may  be introduced  to a                                                                   
jury during  the opening statement  at a trial or  during the                                                                   
jury selection  process.  It  also changed a  minor defendant                                                                   
law to  allow introduction  of the  victim to  the jury.   He                                                                   
opined that  it is only fair to  put a face on the  victim of                                                                   
the crime.                                                                                                                      
                                                                                                                                
Co-Chair Chenault set aside HB 54.                                                                                              
                                                                                                                                
1:53:09 PM                                                                                                                    
                                                                                                                                
Representative  Ralph   Samuels  returned  to  HB   54.    He                                                                   
explained  that  the bill  would  clarify whether  the  judge                                                                   
could allow the victim to be introduced the to a jury.                                                                          
                                                                                                                                
TAMARA DE  LUCIA, OFFICE OF  VICTIMS RIGHTS, ANCHORAGE,  (via                                                                   
teleconference)  reviewed new  bail provisions  in the  bill,                                                                   
which would include participation by the victim.                                                                                
                                                                                                                                
3:41:15 PM                                                                                                                    
                                                                                                                                
Ms. De  Lucia continued  to explain  the provision  regarding                                                                   
the  introduction  of the  victim  to the  jury.   She  urged                                                                   
passage of HB 54.                                                                                                               
                                                                                                                                
3:42:29 PM                                                                                                                    
                                                                                                                                
LINDA  WILSON,  DEPUTY  DIRECTOR,   PUBLIC  DEFENDER  AGENCY,                                                                   
DEPARTMENT  OF  ADMINISTRATION,  (via  teleconference)  spoke                                                                   
about bail hearings.  It takes  a week to get a slot for bail                                                                   
hearings for petitions to revoke  probation.  It is primarily                                                                   
a problem with city cases.  She  wondered why a fix was being                                                                   
created  for such  a small number  of cases.   She  suggested                                                                   
requiring a 48-hour  notice.  The system seems  to be working                                                                   
well  right now.    She suggested  that  defense lawyers  get                                                                   
together to solve the problem.                                                                                                  
                                                                                                                                
3:47:06 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze MOVED to ADOPT Amendment 1:                                                                                  
                                                                                                                                
     Page 1, line 1, following "review;":                                                                                     
     Insert "relating to petitions for review by crime                                                                        
     victims where the defendant has received a mitigated                                                                     
     sentence;"                                                                                                               
                                                                                                                                
     Page 2, following line 13:                                                                                                 
     Insert a new bill section to read:                                                                                         
     "* Sec. 4.  AS 12.55.120 is amended by adding a new                                                                      
     subsection to read:                                                                                                        
          (e)  The victim of the crime for which a defendant                                                                    
     has been convicted and sentenced may file a petition                                                                       
     for review in an appellate court of a sentence that has                                                                    
     been mitigated under AS 12.55.155(d)."                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 25:                                                                                                           
     Delete "Section 4"                                                                                                         
     Insert "Section 5"                                                                                                         
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
3:47:58 PM                                                                                                                    
                                                                                                                                
Representative  Samuels  explained  the  he wanted  to  amend                                                                   
Amendment 1 by  eliminating the last word on  line 9, through                                                                   
line 10,  and replacing  that with  "is below the  sentencing                                                                   
range  for the  crime."   He  clarified  if  there are  three                                                                   
aggravating sentences  and one mitigating sentences,  or five                                                                   
aggravators and  one mitigator, a  review could not  be asked                                                                   
for at  the appellate  court level.   If  the sentence  for a                                                                   
particular crime is below the  range, the victim would have a                                                                   
right to  petition for a  review in  an appellate court.   If                                                                   
the sentence  is above the range,  then there must be  a jury                                                                   
trial.                                                                                                                          
                                                                                                                                
Vice-Chair Stoltze  MOVED to AMEND Amendment 1.   There being                                                                   
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
DEAN GUANELI,  CHIEF ASSISTANT  ATTORNEY GENERAL,  DEPARTMENT                                                                   
OF LAW,  explained that the  actual wording of  the amendment                                                                   
speaks about  a petition  for review  in an appellate  court.                                                                   
He  asked if  it is  the committee's  intent that  this is  a                                                                   
discretionary  petition  with the  court  of appeals,  rather                                                                   
than an absolute right to appeal  to the court and require it                                                                   
to issue an opinion.                                                                                                            
                                                                                                                                
3:52:45 PM                                                                                                                    
                                                                                                                                
Mr. Guaneli described  a particular case, which  was reviewed                                                                   
by  the court  of appeals.    He questioned  if  this is  the                                                                   
direction that the amendment should go.                                                                                         
                                                                                                                                
Representative Croft inquired  if it would be different if an                                                                   
appeal was  filed.   Mr. Guaneli said  it would be  different                                                                   
and he would be opposed to that  idea.  He wondered about the                                                                   
intent of  the amendment to  give victims the  absolute right                                                                   
to  appeal.   Representative Croft  asked if  anyone has  the                                                                   
right to file  a petition for review.  Mr.  Guaneli responded                                                                   
that  an  original  application  for relief  was  an  unusual                                                                   
procedure and a full briefing was ordered.                                                                                      
                                                                                                                                
3:54:50 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze asked if a precedent has been set.                                                                           
                                                                                                                                
3:55:47 PM                                                                                                                    
                                                                                                                                
Representative  Hawker asked  if the  intention is to  change                                                                   
the language  to "file  and appeal" to  give victims  a right                                                                   
that  they cannot  currently enjoy.   Representative  Samuels                                                                   
argued  the point  "that they  cannot currently  enjoy".   He                                                                   
emphasized  that he  does not  want the bill  to die  because                                                                   
appeals are  too broad.   He asked  for clarification  on the                                                                   
wording if a period is used after "sentencing".                                                                                 
                                                                                                                                
Mr. Guaneli agreed that change  may satisfy his concern about                                                                   
limiting what  already exists under  current court rule.   He                                                                   
noted that he would  like to look at the standards  and think                                                                   
about it.                                                                                                                       
                                                                                                                                
3:59:03 PM                                                                                                                    
                                                                                                                                
Representative  Croft  inquired how  much  victims should  be                                                                   
involved in  the criminal  justice process.   He opined  that                                                                   
they  ought   to  be   more  involved,   especially   in  the                                                                   
sentencing.  They  have a right to have an  appeal heard when                                                                   
it is below the range.  Representative Samuels concurred.                                                                       
                                                                                                                                
4:01:10 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch referred  to Mr. Guaneli's  example                                                                   
and asked  if the victim  had file a  petition for  review in                                                                   
court of appeals.   Mr. Guaneli said yes and  related details                                                                   
of   the  case.     Representative   Weyhrauch  debated   the                                                                   
requirements  of   the  court.    Mr.  Guaneli   agreed  with                                                                   
Representative Weyhrauch'  assessment.  He  acknowledged that                                                                   
Representative Croft is right  in that if the state appeals a                                                                   
sentence,  the  sentence cannot  be  increased.   He  further                                                                   
explained the  procedure.  He  noted that victims'  interests                                                                   
may be different.                                                                                                               
                                                                                                                                
4:06:14 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze opined  that  this is  may not  be a  bad                                                                   
precedent.                                                                                                                      
                                                                                                                                
Mr. Guaneli related  his philosophy on the issue.   He opined                                                                   
that this amendment is not beneficial  for the administration                                                                   
of justice in Alaska.                                                                                                           
                                                                                                                                
Co-Chair Meyer  WITHDREW his OBJECTION to adopt  Amendment 1.                                                                   
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:09:55 PM                                                                                                                    
                                                                                                                                
Representative Croft MOVED to ADOPT Amendment 2:                                                                                
                                                                                                                                
     Page 1, line 1, following "review;":                                                                                     
     Insert  "relating  to  the   qualifications  of  certain                                                                 
     members of the Violent Crimes Compensation Board;"                                                                       
                                                                                                                                
     Page 2, following line 13:                                                                                                 
     Insert a new bill section to read:                                                                                         
    "* Sec. 4.   AS 18.67.020(a) is amended to read:                                                                        
          (a)  There is the Violent Crimes Compensation                                                                         
     Board in  the Department  of Administration  composed of                                                                   
     three members  to be appointed by the governor.   One of                                                                   
     the members  shall be designated as chair  [CHAIRMAN] by                                                               
     the governor.  At least one  member must be a medical or                                                                   
     osteopathic  physician  licensed  to  practice  in  this                                                                   
     state or holding a retired  status license in this state                                                               
     and one member must be an  attorney licensed to practice                                                                   
     in this state or retired from practice in this state."                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 25:                                                                                                           
     Delete "Section 4"                                                                                                         
     Insert "Section 5"                                                                                                         
                                                                                                                                
     Page 2, line 31:                                                                                                           
     Delete "sec. 5"                                                                                                            
     Insert "sec. 6"                                                                                                            
                                                                                                                                
     Page 3, line 4:                                                                                                            
     Delete "sec. 4"                                                                                                            
     Insert "sec. 5"                                                                                                            
                                                                                                                                
     Page 3, line 5:                                                                                                            
     Delete "sec. 6"                                                                                                            
     Insert "sec. 7"                                                                                                            
                                                                                                                                
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
Representative Croft explained that the amendment allows a                                                                      
retired physician to be a member of the Violent Crimes                                                                          
Compensation Board.                                                                                                             
                                                                                                                                
Representative Samuels said it makes sense to add this to                                                                       
the bill.                                                                                                                       
                                                                                                                                
Co-Chair Meyer WITHDREW his OBJECTION to adopt Amendment 2.                                                                     
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:11:19 PM                                                                                                                    
                                                                                                                                
Representative  Croft MOVED to  REPORT CSHB  54 (FIN)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB 54 (FIN) was REPORTED out  of Committee with a "do pass"                                                                   
recommendation  and with three  zero fiscal impact  notes: #1                                                                   
COR, #2 CRT, #3 LAW.                                                                                                            
                                                                                                                                
4:12:20 PM                                                                                                                    
                                                                                                                                

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