Legislature(2013 - 2014)CAPITOL 120

03/17/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
--Delayed to 1:15 p.m. Today--
+ HB 366 INVOLUNTARY COMMITMENT TELECONFERENCED
Moved CSHB 366(STA) Out of Committee
*+ HB 369 IMMUNITY FOR DRUG RELATED OFFENSE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HJR 18 CONST. AM: ELECTED ATTORNEY GENERAL TELECONFERENCED
Moved Out of Committee
            HB 369-IMMUNITY FOR DRUG RELATED OFFENSE                                                                        
                                                                                                                                
2:41:00 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the last order of  business would be                                                               
HB  369,  "An Act  relating  to  limited immunity  from  criminal                                                               
prosecution  for a  person  who seeks  medical  assistance for  a                                                               
person experiencing a drug overdose."                                                                                           
                                                                                                                                
2:41:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT, speaking  as prime  sponsor, stated  that                                                               
HB 369  is a  form  of  limited criminal  immunity  for a  person                                                               
seeking medical assistance for an  individual experiencing a drug                                                               
overdose.   Fourteen states  have implemented  a form  of limited                                                               
immunity.   Legislative Legal and  Research Services  has offered                                                               
an analysis that was performed  in Washington that indicates what                                                               
could come  about from HB 369.   He opined that  this legislation                                                               
focuses  on  public  health rather  than  whether  an  individual                                                               
suffering from  an overdose should  go jail.   As an  example, he                                                               
related  a situation  in Washington  in which  two friends  drove                                                               
around with another  friend in the backseat who  had overdosed on                                                               
an  opiate.    The  two   friends,  who  were  fearful  of  legal                                                               
repercussions, were hoping their  friend who overdosed would just                                                               
come out  of it, but  the friend ended up  dying while in  a very                                                               
close proximity to a hospital.   Representative Pruitt noted that                                                               
in  Washington during  an overdose  scenario police  officers are                                                               
unlikely to  actually arrest the  individual or  his/her friends.                                                               
However,  he  contended,  most   people  in  that  situation  are                                                               
concerned  about the  legal aspects  of  such a  situation.   The                                                               
intent of HB 369 is to  create a situation in which an individual                                                               
does not have to decide between  whether or not he/she will go to                                                               
jail by helping someone who  is overdosing, but rather allows the                                                               
individual to make  a good faith effort to  assist the individual                                                               
wo his overdosing.  To be clear,  he said, HB 369 does not mean a                                                               
drug dealer/trafficker receives a "get  out of jail free" card as                                                               
that will  not happen.  Also,  the legislation does not  allow an                                                               
individual to use this immunity multiple  times as the goal is to                                                               
help people get  their lives back on track  without being worried                                                               
they have to make the choice  between their friend dying or going                                                               
to jail.                                                                                                                        
                                                                                                                                
2:46:53 PM                                                                                                                    
                                                                                                                                
MORGAN HOPSON,  Staff, Representative Lance Pruitt,  Alaska State                                                               
Legislature,  clarified  the  sponsor's  intent  with  CSHB  369,                                                               
Version  28-LS1515\N,  Strausbaugh,  3/14/14,  is  not  to  grant                                                               
immunity  to persons  who  have the  intention  to distribute  or                                                               
manufacture.     The  committee  substitute   specifically  lists                                                               
immunity  against certain  possession charges.   She  highlighted                                                               
that prior  to the State  of Washington's law going  into effect,                                                               
drug users  were polled  and approximately  50 percent  said they                                                               
would call  in regardless of  their fear of  legal ramifications.                                                               
After the  law was  passed, 88  percent of  drug users  said they                                                               
would  call in.   In  the State  of Washington,  the idea  was to                                                               
create assurances  to drug users  that they  could call in.   The                                                               
main focuses  of HB  366 are  saving the  life of  the individual                                                               
overdosing,  treating   the  individual  at  the   hospital,  and                                                               
referring them  for treatment.   She  explained that  the sponsor                                                               
would like a  good consensus on the appropriate  threshold as far                                                               
as using  HB 369  for immunity for  persons who  have possession,                                                               
but are not distributing or manufacturing.                                                                                      
                                                                                                                                
2:49:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  recalled that  during police  ride alongs                                                               
she  observed  individuals  who  were left  alone  after  a  drug                                                               
overdose by other  individuals were also using  or had possession                                                               
of a  small quantity of  drugs and did  not want a  legal problem                                                               
from   helping  the   individual   overdosing.     Drawing   from                                                               
conversations with users,  she surmised that an  overdose that is                                                               
rock  bottom and  they  turn  their lives  around  as  it is  not                                                               
something  that is  pleasant to  go through.   She  characterized                                                               
HB 369 as  a safety net  for people addicted  to drugs as  it may                                                               
keep them  from dying.   She noted  her appreciation for  HB 369,                                                               
particularly  since the  bill as  the drug  culture in  Alaska is                                                               
changing to  a young person's  game and the legislation  may save                                                               
lives.                                                                                                                          
                                                                                                                                
2:52:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  remarked that he  has no patience  with drug                                                               
abuse in  all varieties and  would prefer to see  stronger [drug]                                                               
laws rather  than weaker.  Having  said that, he related  that he                                                               
is  pro-life  and  the  state  cannot allow  someone  to  not  be                                                               
admitted for treatment for fear  of being prosecuted.  He related                                                               
his understanding  that HB  369 is  a one-time  "get out  of jail                                                               
free"  card  before  an  individual   goes  to  jail.    He  then                                                               
emphasized that  first it  is important to  save their  lives and                                                               
HB 369 is a step in the right direction.                                                                                        
                                                                                                                                
2:53:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT, in  response to  Chair Keller,  confirmed                                                               
that the committee  substitute is a work in progress  in order to                                                               
ascertain that  HB 369  is tight  enough that  individuals cannot                                                               
take  advantage  of  it.    Version N  is  the  version  Kathleen                                                               
Strasbaugh,  Legislative Legal  and Research  Services, and  Anne                                                               
Carpeneti, Department of Law (DOL), agreed upon, he related.                                                                    
                                                                                                                                
2:54:29 PM                                                                                                                    
                                                                                                                                
KATHLEEN   STRASBAUGH,  Attorney,   Legislative  Legal   Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency, deferred to the sponsor  as to whether the draft achieves                                                               
the sponsor's  objectives.   She noted that  she worked  with the                                                               
Department of  Law and does not  know if other issues  need to be                                                               
discussed.                                                                                                                      
                                                                                                                                
2:54:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  related his understanding  that Section                                                               
2  of  most  legislation  involving criminal  laws  is  regarding                                                               
applicability as it applies to  offenses occurring before, on, or                                                               
after the effective date of  the act.  He requested clarification                                                               
on the matter.                                                                                                                  
                                                                                                                                
MS. STRASBAUGH responded  there is language in  HB 369 specifying                                                               
an  immunity rather  than  a defense.   Section  2  is a  general                                                               
formulation that  Legislative Legal  Services placed in  the bill                                                               
itself to show how it applies, she explained.                                                                                   
                                                                                                                                
2:56:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  that  rather  than having  a                                                               
"general" paragraph  in most of  the criminal laws,  there should                                                               
be  language in  Title  12  that specifies  unless  a bill  reads                                                               
otherwise, the  change occurs on  or after the effective  date of                                                               
the  act.   He  pondered  whether  the committee  should  explore                                                               
including  that language  in a  general  section in  the Code  of                                                               
Criminal  Procedure as  it  appears regularly  in  most of  these                                                               
criminal [bills].                                                                                                               
                                                                                                                                
2:57:35 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:57 p.m. to 3:00 p.m.                                                                       
                                                                                                                                
3:01:09 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department of Law  (DOL), responding                                                               
to  Representative  Gruenberg's  suggestion, stated  that  it  is                                                               
currently contained  in Title 1.   She explained  that generally,                                                               
unless  there is  an effective  date  and a  clear indication  of                                                               
legislative  intent to  have  a law  be  retrospective, that  new                                                               
bills  are  already  perspective.   She  offered  to  locate  the                                                               
statute and provide it to the committee.                                                                                        
                                                                                                                                
3:01:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that it  appears to be the current                                                               
practice, and  if that is  answered by the  general retrospective                                                               
statute then the  committee should be striking Section  2 and not                                                               
including Section 2 in the bills at all.                                                                                        
                                                                                                                                
MS. CARPENETI responded that it  could be the Department of Law's                                                               
legislative  section that  is  looking to  include  Section 2  in                                                               
bills, especially  in criminal law  to clarify  the legislature's                                                               
intent regarding  whether or not something  should be prospective                                                               
or retrospective.                                                                                                               
                                                                                                                                
3:03:34 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that HB 369 would be set aside.                                                                          

Document Name Date/Time Subjects
HB 366 - Sectional Analysis.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
CSHB 366 (STA) Proposed Amendment P.1.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
CSHB 366 (STA) Fiscal Note~OPA.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
CSHB 366 (STA) Fiscal Note~PDA.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
HB 366 - NSSF Fix NICS Status.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
HB 366 - NSSF Letter of Support.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
HB 366 - APOA Letter of Support.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
HB 366 - Congressional Research Office NICS and HIPPA.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
HB 366 - Presidential Memo to Agencies Re Records Jan 2013.pdf HJUD 3/17/2014 1:00:00 PM
HB 366
HB 369 - Sponsor Statement.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
HB 369 - Version U.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
CSHB 369 ver. N Draft.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
HB 369 Fiscal Note~LAW.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
HB 369 Fiscal Note~OPA.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
HB 369 Fiscal Note~PDA.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
HB 369 - DPA Fact Sheet 911 Good Samaritan Laws Feb 2014.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
HB 369 Support Document~Leg. Research Brief on AK Controlled Substance Overdose Statistics.pdf HJUD 3/17/2014 1:00:00 PM
HB 369
HJR 18 Proposed Amendment A.2.pdf HJUD 3/17/2014 1:00:00 PM
HJR 18
HJR 18 Proposed Amendment A.6.pdf HJUD 3/17/2014 1:00:00 PM
HJR 18