Legislature(2015 - 2016)CAPITOL 120
04/01/2015 01:00 PM House JUDICIARY
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Audio | Topic |
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Start | |
HB11 | |
HB147 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 11 | TELECONFERENCED | |
+ | HB 147 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
HB 11-NO INTERNET ACCESS TO SOME CRIM. CASES 2:07:27 PM REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, began by explaining changes in the committee substitute and referred to page 1. 2:07:54 PM REPRESENTATIVE KELLER moved to adopt proposed CS for [SSHB 11], version 29-LS0083\H, Gardner/Martin, 3/27/15 as the working document. There being no objection, Version H was before the committee. 2:08:21 PM REPRESENTATIVE WILSON referred to page 1, line 14, and stated it previously read "The state may not publish ..." and the current version reads "The Alaska Court System may not publish ..." She then referred to page 2, line 1, wherein "internet" was changed to "a publicly available website ..." She remarked that there were concerns that "internet" was a broad terminology and the intent was to focus solely on "CourtView." She then responded to Representative Gruenberg's previous question regarding other states and their procedures. She advised that the Alaska Court System entails the entire state and that most examples she found were based upon counties and not statewide areas. She noted that social security numbers and the name of the county were required in other states. 2:09:48 PM The committee took a brief at-ease. 2:10:04 PM CHAIR LEDOUX announced that public testimony was left open during the last meeting. 2:10:48 PM REPRESENTATIVE GRUENBERG referred to page 2, line 4, and asked whether it should require that criminal charges have been dismissed with prejudice. He advised he was not certain that would be a good idea and wondered whether any of the lawyers thought it would be an improvement. 2:11:40 PM TRACEY WALLENBERG, Deputy Public Defender, Appellate Division, Public Defender Agency, Department of Administration, responded that the suggestion would significantly narrow the number of cases to which this applies as there are very few circumstances in which cases are dismissed with prejudice. She offered that most of the time cases are dismissed without prejudice which may be due to the fact that the prosecutor determined there was not sufficient cause to proceed with the charges or some other equitable reason to not go forward with the case. Generally, she posited, under those circumstances the prosecutor dismisses without prejudice under Criminal Rule 43. She noted that even in circumstances where the prosecutor does not see fit to go forward and dismisses the charges under those circumstances (indisc.) the statute to only apply to cases dismissed with prejudice would be excluded and they would still appear on CourtView. 2:12:58 PM CHAIR LEDOUX closed public testimony after ascertaining no one further wished to testify. 2:13:09 PM REPRESENTATIVE KELLER moved to report CS for Sponsor Substitute HB 11, version 29-LS0083\H, Gardner/Martin, 3/27/15, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSSHB 11(JUD) moved from the House Judiciary Standing Committee. 2:13:37 PM The committee took an at-ease from 2:13 to 2:17 p.m.