Legislature(2013 - 2014)CAPITOL 120

04/04/2014 01:00 PM JUDICIARY


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01:09:50 PM Start
01:10:18 PM Confirmation Hearing(s)|| Board of Governors of the Alaska Bar
01:16:28 PM SB187
01:42:57 PM HB282
02:15:59 PM SB64
03:26:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 187 CONFIDENTIAL INFORMATION: MISCONDUCT, RLS TELECONFERENCED
Heard & Held
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Heard & Held
+ Confirmation Hearing: TELECONFERENCED
-Board of Governors of the Alaska Bar Association
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
        SB  64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                    
                                                                                                                                
      [Contains discussions of SB 108, HB 313, and SB 81]                                                                       
                                                                                                                                
2:15:59 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
CS FOR  SENATE BILL NO.  64(FIN), "An  Act relating to  theft and                                                               
property  offenses;   relating  to   the  definition   of  'prior                                                               
convictions' for certain theft  offenses; establishing the Alaska                                                               
Criminal  Justice Commission  and providing  an expiration  date;                                                               
relating to the crime of  custodial interference; relating to the                                                               
duties  of the  Alaska  Judicial Council;  relating to  jail-time                                                               
credit  for   offenders  in  court-ordered   treatment  programs;                                                               
relating  to  conditions  of   release,  probation,  and  parole;                                                               
relating to duties  of the commissioner of  corrections and board                                                               
of parole;  establishing a  fund for  reducing recidivism  in the                                                               
Department  of   Health  and   Social  Services;   requiring  the                                                               
commissioner of health and social  services to establish programs                                                               
for persons  on conditions of  release or probation  that require                                                               
testing  for  controlled   substances  and  alcoholic  beverages;                                                               
requiring the board  of parole to establish  programs for persons                                                               
on  parole that  require  testing for  controlled substances  and                                                               
alcoholic beverages; relating to the  duties of the Department of                                                               
Health  and  Social  Services; and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
2:16:18 PM                                                                                                                    
                                                                                                                                
[The proposed amendments were numbered.]                                                                                        
                                                                                                                                
2:20:42 PM                                                                                                                    
                                                                                                                                
CHAIR   KELLER  moved   to  adopt   Amendment  11,   labeled  28-                                                               
LS0116\L.21, Gardner, 4/3/14.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
At the request of Chair Keller, Representative Gruenberg                                                                        
withdrew his objection.                                                                                                         
                                                                                                                                
CHAIR KELLER withdrew his motion to adopt Amendment 11.                                                                         
                                                                                                                                
2:21:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN moved to rescind the committee's action in                                                                  
adopting Amendment 10 on 4/2/14.                                                                                                
                                                                                                                                
CHAIR  KELLER  objected  for  the  purpose  of  discussion.    He                                                               
explained the  reason for the  motion to rescind is  that changes                                                               
were  made to  the  amendment.   Chair  Keller  then removed  his                                                               
objection.  There being no further objection, it was so ordered.                                                                
                                                                                                                                
2:21:52 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER moved to adopt Amendment 11, labeled 28-                                                                           
LS0116\L.21, Gardner, 4/3/14, which read as follows:                                                                            
                                                                                                                                
     Page 18, line 27, following "and":                                                                                         
          Insert "criminal justice"                                                                                             
                                                                                                                                
     Page 18, line 28:                                                                                                          
          Delete "sentences"                                                                                                    
          Insert "those sentencing laws and criminal                                                                            
     justice practices"                                                                                                         
                                                                                                                                
     Page 18, line 29, following "crimes,":                                                                                     
          Insert "the rights of the accused and the person                                                                      
     convicted,"                                                                                                                
                                                                                                                                
     Page 18, line 31, following "practices":                                                                                   
          Insert "and criminal justice practices, including                                                                     
     rehabilitation and restitution"                                                                                            
                                                                                                                                
     Page 19, line 2:                                                                                                           
          Delete "and court rules related"                                                                                      
          Insert ", court rules, and court decisions                                                                            
     relevant"                                                                                                                  
                                                                                                                                
     Page 19, line 6:                                                                                                           
          Delete "and proportionality"                                                                                          
          Insert "proportionality, and accountability"                                                                          
                                                                                                                                
     Page 19, line 8:                                                                                                           
          Delete "use"                                                                                                          
          Insert "efficacy"                                                                                                     
                                                                                                                                
     Page 19, lines 8 - 9:                                                                                                      
          Delete "sentencing criminal defendants and to                                                                         
     ensure"                                                                                                                    
          Insert     "reducing     recidivism,     achieving                                                                    
     rehabilitation, and ensuring"                                                                                              
                                                                                                                                
     Page 19, line 16, following "resources;":                                                                                  
          Insert "and"                                                                                                          
                                                                                                                                
     Page 19, line 17:                                                                                                          
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 19, line 19:                                                                                                          
          Delete "collection and dissemination"                                                                                 
          Insert     "collection,     dissemination,     and                                                                    
     extrapolation"                                                                                                             
                                                                                                                                
     Page 19, lines 21 - 26:                                                                                                    
          Delete all material and insert:                                                                                       
               "(1)         recommend     legislative    and                                                                    
      administrative action on criminal justice practices;                                                                      
     and                                                                                                                        
               (2)  select and retain the services of                                                                           
     consultants as necessary."                                                                                                 
                                                                                                                                
     Page 19, line 31:                                                                                                          
          Delete "criminals"                                                                                                    
          Insert "and administering justice"                                                                                    
                                                                                                                                
     Page 20, line 6, following "confine":                                                                                      
          Insert "violent"                                                                                                      
                                                                                                                                
     Page 20, lines 14 - 15:                                                                                                    
          Delete "the resources available to agencies in                                                                        
     the criminal justice system; and"                                                                                          
          Insert "the sufficiency of state agency resources                                                                     
     to administer the state's criminal                                                                                         
     justice system;"                                                                                                           
                                                                                                                                
     Page 20, line 16:                                                                                                          
          Delete "sentencing"                                                                                                   
          Insert "criminal justice laws and practices"                                                                          
                                                                                                                                
     Page 20, line 17, following "state":                                                                                       
          Insert ";                                                                                                             
               (K)  peer reviewed and data-driven research;                                                                     
               (L)  the effect of over-classification of                                                                        
     prisoners; and                                                                                                             
               (M)      the    effects   of   evidence-based                                                                    
      restorative justice initiatives on persons convicted                                                                      
      of criminal violations and offenses, the victim, and                                                                      
     the community"                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
2:22:40 PM                                                                                                                    
                                                                                                                                
ERNEST  PRAX,  Staff,  Representative Wes  Keller,  Alaska  State                                                               
Legislature,  informed the  committee  Amendment 11  incorporates                                                               
some  of  the  conceptual  amendments   that  were  made  in  the                                                               
rescinded Amendment  10 and  also makes  an additional  change to                                                               
the original language of SB  64.  He related Conceptual Amendment                                                               
1 to Amendment  10 was changed to remove  "usability" and restore                                                               
"effectiveness."   Directing attention to  Amendment 11,  page 2,                                                               
lines 16-17,  he said  this change is  Conceptual Amendment  2 to                                                               
Amendment 10  that replaces  "collection and  dissemination" with                                                               
"collection,  dissemination,  and  extrapolation."   On  page  2,                                                               
lines  19-23,  he  said  this  change relates  to  tasks  of  the                                                               
commission, deleting  all of the  material on page 19,  lines 21-                                                               
26, of  the original  bill, and  inserting, "that  the commission                                                               
may recommend  legislative and administrative action  on criminal                                                               
justice  practices and  ...  select and  retain  the services  of                                                               
consultants as necessary."                                                                                                      
                                                                                                                                
2:25:38 PM                                                                                                                    
                                                                                                                                
MR. PRAX, as  an aside, noted that the  aforementioned changes to                                                               
1ines  19-23 are  the work  of Representative  Gruenberg, Senator                                                               
Coghill's   staff,   and   he,   and  thus   are   supported   by                                                               
Representative Gruenberg.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG concurred.                                                                                             
                                                                                                                                
MR. PRAX  said the final change  in Amendment 10 is  reflected in                                                               
Amendment 11, on page 3,  line 3, which replaces "the sufficiency                                                               
in" with  "the sufficiency of."   This was also  a recommendation                                                               
from Representative Gruenberg.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG  pointed  out that  he  had  previously                                                               
questioned  the use  of the  term "proportionality"  in Amendment                                                               
11, on page 1,  lines 19-20, and in the bill on  page 19, line 6.                                                               
He expressed his understanding that  proportionality is a term of                                                               
art that means  "is not tremendously disproportionate  to what is                                                               
intended under the statute."   Representative Gruenberg noted the                                                               
use  of the  term  is found  in  Sikeo v.  State,  258 P.3d  906,                                                             
(Alaska Ct. App. 2011).                                                                                                         
                                                                                                                                
2:28:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  then  removed  his  objection  to  the                                                               
motion to adopt Amendment 11.   [Although not stated, there being                                                               
no further objection, Amendment 11 was treated as adopted.]                                                                     
                                                                                                                                
2:29:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to adopt Amendment  [12], labeled                                                               
28-LS0116\L.9, Gardner, 3/31/14, which read:                                                                                    
                                                                                                                                
     Page 2, line 20, following "person":                                                                                   
          Insert ", with the intent to take or keep the                                                                     
     child or incompetent person"                                                                                           
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG related  Amendment 12  establishes that                                                               
"there  has to  be  an  intent that  you're  going  to really  do                                                               
something."                                                                                                                     
                                                                                                                                
2:30:24 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency,  Department  of  Administration, informed  the  committee                                                               
Amendment 12 cures  the problem that a person  could be convicted                                                               
of a  crime for just making  a statement.  He  said the amendment                                                               
clarifies that there must be intent and further action.                                                                         
                                                                                                                                
2:31:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER removed  his  objection.   There being  no                                                               
further objection, Amendment 12 was adopted.                                                                                    
                                                                                                                                
[Amendment  13, labeled  28-LS0116\L.15, Strasbaugh,  4/1/14, was                                                               
briefly discussed and was not offered.]                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG said Amendment 14 establishes post-                                                                    
traumatic  stress  disorder  (PTSD)  as a  mitigating  factor  in                                                               
sentencing.  The  language of the amendment was  derived from [HB                                                               
313]  which  was heard  before  the  House Special  Committee  on                                                               
Military and Veterans' Affairs.                                                                                                 
                                                                                                                                
2:32:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 14, labeled                                                                   
28-LS0116\L.24, Strasbaugh/Gardner, 4/3/14, which read:                                                                         
                                                                                                                                
     Page 1, line 6, following "and parole;":                                                                                 
          Insert "relating to a mitigating factor for a                                                                       
     person  suffering  from  combat-related  post-traumatic                                                                  
     stress  disorder  or   combat-related  traumatic  brain                                                                  
     injury"                                                                                                                  
                                                                                                                                
     Page 13, following line 27:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 25. AS 12.55.155(d) is amended to read:                                                                     
          (d)  The following factors shall be considered by                                                                     
     the sentencing court if proven  in accordance with this                                                                    
     section, and  may allow imposition of  a sentence below                                                                    
     the presumptive range set out in AS 12.55.125:                                                                             
               (1)       the    offense   was    principally                                                                    
     accomplished  by  another  person,  and  the  defendant                                                                    
     manifested extreme  caution or sincere concern  for the                                                                    
     safety or well-being of the victim;                                                                                        
               (2)  the defendant, although an accomplice,                                                                      
     played  only a  minor  role in  the  commission of  the                                                                    
     offense;                                                                                                                   
               (3)  the defendant committed the offense                                                                         
     under  some  degree  of duress,  coercion,  threat,  or                                                                    
     compulsion  insufficient   to  constitute   a  complete                                                                    
     defense,   but   that    significantly   affected   the                                                                    
     defendant's conduct;                                                                                                       
               (4)  the conduct of a youthful defendant was                                                                     
     substantially influenced by  another person more mature                                                                    
     than the defendant;                                                                                                        
               (5)  the conduct of an aged defendant was                                                                        
     substantially   a  product   of   physical  or   mental                                                                    
     infirmities resulting from the defendant's age;                                                                            
               (6)  in a conviction for assault under                                                                           
     AS 11.41.200  -  11.41.220,  the defendant  acted  with                                                                    
     serious provocation from the victim;                                                                                       
               (7)   except in the  case of a  crime defined                                                                    
     by AS 11.41.410  - 11.41.470,  the victim  provoked the                                                                    
     crime to a significant degree;                                                                                             
               (8)    before  the defendant  knew  that  the                                                                    
     criminal  conduct had  been  discovered, the  defendant                                                                    
     fully compensated or made a  good faith effort to fully                                                                    
     compensate  the  victim  of  the  defendant's  criminal                                                                    
     conduct for any damage or injury sustained;                                                                                
               (9)   the  conduct  constituting the  offense                                                                    
     was  among the  least serious  conduct included  in the                                                                    
     definition of the offense;                                                                                                 
               (10)   the defendant was motivated  to commit                                                                    
     the  offense solely  by an  overwhelming compulsion  to                                                                    
     provide for  emergency necessities for  the defendant's                                                                    
     immediate family;                                                                                                          
               (11)   after  commission of  the offense  for                                                                    
     which the  defendant is being sentenced,  the defendant                                                                    
     assisted   authorities   to   detect,   apprehend,   or                                                                    
     prosecute other persons who committed an offense;                                                                          
               (12)   the  facts surrounding  the commission                                                                    
     of  the  offense  and  any  previous  offenses  by  the                                                                    
     defendant  establish  that  the   harm  caused  by  the                                                                    
     defendant's   conduct   is   consistently   minor   and                                                                    
     inconsistent  with  the  imposition  of  a  substantial                                                                    
     period of imprisonment;                                                                                                    
               (13)    the  defendant  is  convicted  of  an                                                                    
     offense specified in AS 11.71  and the offense involved                                                                    
     small quantities of a controlled substance;                                                                                
               (14)    the  defendant  is  convicted  of  an                                                                    
     offense specified in AS 11.71  and the offense involved                                                                    
     the distribution of a  controlled substance, other than                                                                    
     a  schedule  IA  controlled substance,  to  a  personal                                                                    
     acquaintance who  is 19  years of age  or older  for no                                                                    
     profit;                                                                                                                    
               (15)    the  defendant  is  convicted  of  an                                                                    
     offense specified in AS 11.71  and the offense involved                                                                    
     the  possession  of  a small  amount  of  a  controlled                                                                    
     substance for personal use in the defendant's home;                                                                        
               (16)     in  a  conviction  for   assault  or                                                                    
     attempted   assault  or   for  homicide   or  attempted                                                                    
     homicide, the  defendant acted in response  to domestic                                                                    
     violence   perpetrated  by   the  victim   against  the                                                                    
     defendant  and  the   domestic  violence  consisted  of                                                                    
     aggravated   or   repeated  instances   of   assaultive                                                                    
     behavior;                                                                                                                  
               (17)    except  in  the case  of  an  offense                                                                    
     defined by AS 11.41 or  AS 11.46.400, the defendant has                                                                    
     been convicted  of a class B  or C felony, and,  at the                                                                    
     time  of  sentencing,   has  successfully  completed  a                                                                    
     court-ordered   treatment   program   as   defined   in                                                                    
     AS 28.35.028  that  was  begun after  the  offense  was                                                                    
     committed;                                                                                                                 
               (18)  except in the case of an offense                                                                           
     defined under  AS 11.41 or AS 11.46.400 or  a defendant                                                                    
     who  has previously  been convicted  of  a felony,  the                                                                    
     defendant committed the offense  while suffering from a                                                                    
     mental  disease or  defect as  defined in  AS 12.47.130                                                                    
     that was insufficient to  constitute a complete defense                                                                    
     but   that  significantly   affected  the   defendant's                                                                    
     conduct;                                                                                                                   
               (19)  the defendant is convicted of an                                                                           
     offense  under  AS 11.71,   and  the  defendant  sought                                                                    
     medical   assistance  for   another   person  who   was                                                                    
     experiencing  a  drug overdose  contemporaneously  with                                                                    
     the commission of the offense;                                                                                             
               (20)  except in the case of an offense                                                                           
     defined under  AS 11.41 or AS 11.46.400,  the defendant                                                                    
     committed the offense while  suffering from a condition                                                                    
     diagnosed                                                                                                                  
               (A)  as a fetal alcohol spectrum disorder,                                                                   
     the  fetal  alcohol   spectrum  disorder  substantially                                                                    
     impaired the  defendant's judgment,  behavior, capacity                                                                    
     to  recognize  reality, or  ability  to  cope with  the                                                                    
     ordinary  demands  of  life,   and  the  fetal  alcohol                                                                    
     spectrum disorder, though  insufficient to constitute a                                                                    
     complete    defense,    significantly   affected    the                                                                    
     defendant's conduct; in  this paragraph, "fetal alcohol                                                                    
     spectrum disorder" means a  condition of impaired brain                                                                    
     function  in  the  range  of  permanent  birth  defects                                                                    
     caused  by  maternal   consumption  of  alcohol  during                                                                    
     pregnancy; or                                                                                                          
               (B)  as combat-related post-traumatic stress                                                                 
     disorder or combat-related  traumatic brain injury, the                                                                
     combat-related   post-traumatic   stress  disorder   or                                                                
     combat-related  traumatic  brain  injury  substantially                                                                
     impaired the  defendant's judgment,  behavior, capacity                                                                
     to  recognize  reality, or  ability  to  cope with  the                                                                
     ordinary demands of life,  and the combat-related post-                                                                
     traumatic stress  disorder or  combat-related traumatic                                                                
     brain  injury,  though  insufficient  to  constitute  a                                                                
     complete    defense,    significantly   affected    the                                                                
        defendant's conduct; in this paragraph, "combat-                                                                    
        related post-traumatic stress disorder or combat-                                                                   
     related  traumatic brain  injury" means  post-traumatic                                                                
     stress  disorder or  traumatic  brain injury  resulting                                                                
     from combat with  an enemy of the United  States in the                                                                
     line of  duty while on active  duty as a member  of the                                                                
     armed  forces of  the United  States;  nothing in  this                                                                
     paragraph is intended to limit  the application of (18)                                                                
     of this subsection."                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 23, line 17:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
     Page 23, line 19:                                                                                                          
          Delete "sec. 26"                                                                                                      
          Insert "sec. 27"                                                                                                      
          Delete "sec. 27"                                                                                                      
          Insert "sec. 28"                                                                                                      
                                                                                                                                
     Page 23, line 20:                                                                                                          
          Delete "sec. 28"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 23, line 21:                                                                                                          
          Delete "sec. 32"                                                                                                      
          Insert "sec. 33"                                                                                                      
                                                                                                                                
     Page 23, line 22:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
     Page 23, line 23:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
     Page 23, following line 23:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(c) AS 12.55.155(d)(20), as amended by sec. 25                                                                       
     of this  Act, applies  to prosecutions occurring  on or                                                                    
     after the  effective date  of sec. 25  of this  Act for                                                                    
     offenses occurring  before, on, or after  the effective                                                                    
     date of sec. 25 of this Act."                                                                                              
                                                                                                                                
     Page 23, line 27:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 31"                                                                                                      
                                                                                                                                
     Page 23, line 29:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 31"                                                                                                      
                                                                                                                                
     Page 24, line 3:                                                                                                           
          Delete "sec. 26"                                                                                                      
          Insert "sec. 27"                                                                                                      
                                                                                                                                
     Page 24, line 6:                                                                                                           
          Delete "sec. 27"                                                                                                      
          Insert "sec. 28"                                                                                                      
          Delete "sec. 28"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 24, line 9:                                                                                                           
          Delete "sec. 32"                                                                                                      
          Insert "sec. 33"                                                                                                      
                                                                                                                                
     Page 24, line 12:                                                                                                          
          Delete "Section 29"                                                                                                   
          Insert "Section 30"                                                                                                   
                                                                                                                                
     Page 24, line 13:                                                                                                          
          Delete "Section 36"                                                                                                   
          Insert "Section 37"                                                                                                   
                                                                                                                                
     Page 24, line 14:                                                                                                          
          Delete "Sections 1 - 28 and 30 - 34"                                                                                  
          Insert "Sections 1 - 29 and 31 - 35"                                                                                  
                                                                                                                                
CHAIR KELLER  objected for the  purpose of discussion.   He spoke                                                               
to his objection,  saying that Amendment 14 is  outside the scope                                                               
and intent  of the bill.   In addition, the subject  is addressed                                                               
by other proposed legislation.                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG said Amendment  14 makes clear that PTSD                                                               
and combat-related traumatic brain  injury are "mental disease or                                                               
defect[s]", as referred to in  [paragraph] 18, page 3, lines 6-10                                                               
of  the proposed  bill.   The amendment  directs that  people who                                                               
have PTSD and combat-related traumatic  brain injury, as a result                                                               
of  active duty,  would be  able to  use this  mitigating factor.                                                               
The  subject is  germane to  the bill  because the  proposed bill                                                               
deals with crimes and criminal  procedures and is an omnibus bill                                                               
with a  broad title.   In addition, he said  it would be  a shame                                                               
not to  let somebody who  is not  committing a crime  against the                                                               
person,  or  a first  degree  arson,  present the  aforementioned                                                               
mitigating factor as evidence.                                                                                                  
                                                                                                                                
2:36:56 PM                                                                                                                    
                                                                                                                                
JORDAN  SHILLING,  Staff,  Senator  John  Coghill,  Alaska  State                                                               
Legislature,   informed  the   committee  that   Senator  Coghill                                                               
deferred  judgment on  Amendment 14  to  the chair  of the  House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
2:37:23 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:37 p.m. to 2:38 p.m.                                                                       
                                                                                                                                
2:38:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX expressed her support of Amendment 14.                                                                    
                                                                                                                                
2:38:26 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER agreed that Amendment  14 is germane to the proposed                                                               
bill.   He  removed his  objection,  and there  being no  further                                                               
objection, Amendment 14 was adopted.                                                                                            
                                                                                                                                
2:39:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to adopt  Amendment 15,  labeled                                                               
28-LS0116\L.28, Gardner, 4/4/14, which read:                                                                                    
                                                                                                                                
     Page 17, line 21:                                                                                                          
          Delete "10"                                                                                                           
          Insert "12"                                                                                                           
                                                                                                                                
     Page 18, following line 5:                                                                                                 
     Insert new paragraphs to read:                                                                                             
               "(9)  one victims' rights advocate appointed                                                                     
     by the governor for a three-year term;                                                                                     
               (10)  the chief executive officer of the                                                                         
     Alaska Mental Health Trust Authority or a designee of                                                                      
     the chief executive officer;"                                                                                              
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 18, line 10:                                                                                                          
          Delete "(a)(7) or (8)"                                                                                                
          Insert "(a)(7) - (9)"                                                                                                 
                                                                                                                                
CHAIR KELLER  objected for the  purpose of discussion.   Speaking                                                               
from  his  experience serving  on  commissions,  he stressed  the                                                               
importance of  keeping the proposed commission  small.  Expanding                                                               
the  commission  to  12 participants  is  "nearly  unmanageable."                                                               
Although he  would like to  add the victims' rights  advocates to                                                               
the commission,  he assured  the committee  "they're going  to be                                                               
listened to."   His said his opposition is only  to the expansion                                                               
of the size of the commission.                                                                                                  
                                                                                                                                
2:41:04 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:42:38 PM                                                                                                                    
                                                                                                                                
MR.  SHILLING expressed  his belief  that  Senator Coghill  would                                                               
defer to the chair on this amendment.                                                                                           
                                                                                                                                
2:43:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  the purpose of Amendment  15 is to                                                               
provide "a smorgasbord  approach."  He made a motion  to adopt an                                                               
amendment to Amendment 15 to delete lines 9-10 which read:                                                                      
                                                                                                                                
     the  chief  executive  officer  of  the  Alaska  Mental                                                                    
     Health  Trust  Authority or  a  designee  of the  chief                                                                    
     executive officer,"                                                                                                        
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
2:44:22 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER removed  his objection to Amendment  15, as amended.                                                               
There being no  further objection, Amendment 15,  as amended, was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:45:03 PM                                                                                                                    
                                                                                                                                
CHAIR   KELLER  moved   to  adopt   Amendment  16,   labeled  28-                                                               
LS0116\L.27, Gardner, 4/4/14, which read:                                                                                       
                                                                                                                                
     Page 1, line 3, following "date;":                                                                                       
          Insert "allowing a reduction of penalties for                                                                       
     offenders    successfully   completing    court-ordered                                                                  
     treatment  programs for  persons  convicted of  driving                                                                  
     while under  the influence; relating to  termination of                                                                  
     a revocation  of a person's driver's  license; relating                                                                  
     to  limitation   of  drivers'  licenses;   relating  to                                                                  
     restoration of a driver's license;"                                                                                      
                                                                                                                                
     Page 13, following line 31:                                                                                                
     Insert new bill sections to read:                                                                                          
        "* Sec. 26. AS 28.15.181(f) is amended to read:                                                                     
          (f)  The court may terminate a revocation for an                                                                      
     offense described in (a)(5) or (8) of this section if                                                                      
               (1)  either                                                                                                  
               (A)    the  person's  license,  privilege  to                                                                
     drive,  or  privilege  to obtain  a  license  has  been                                                                    
     revoked for the minimum periods  set out in (c) of this                                                                    
     section; or                                                                                                            
               (B)  the person                                                                                              
               (i)    has  successfully completed  a  court-                                                                
     ordered treatment program under AS 28.35.028;                                                                          
               (ii)   has not been convicted  of a violation                                                                
     of  AS 28.35.030  or 28.35.032,  or  a  similar law  or                                                                
     ordinance  of   this  or  another   jurisdiction  since                                                                
     completing the program; and                                                                                            
               (iii)    has  been  granted  limited  license                                                                
     privileges under  AS 28.15.201(g) and  has successfully                                                                
     driven  for  two  years   under  that  limited  license                                                                
     without having the  limited license privileges revoked;                                                                
     and                                                                                                                        
               (2)  the person  complies with the provisions                                                                    
     of AS 28.15.211(d) and (e).                                                                                                
        *  Sec. 27.  AS 28.15.201 is  amended by  adding new                                                                  
     subsections to read:                                                                                                       
          (g)  Notwithstanding (d) of this section, a court                                                                     
     revoking  a driver's  license, privilege  to drive,  or                                                                    
     privilege  to obtain  a license  under AS 28.15.181(c),                                                                    
     or  the department  when revoking  a driver's  license,                                                                    
     privilege to  drive, or privilege  to obtain  a license                                                                    
     under  AS 28.15.165(c),   may  grant   limited  license                                                                    
     privileges if                                                                                                              
               (1)     the  revocation  was  for   a  felony                                                                    
     conviction under AS 28.35.030;                                                                                             
               (2)       the    person   has    successfully                                                                    
     participated  for  at  least  six  months  in,  or  has                                                                    
     successfully   completed,  a   court-ordered  treatment                                                                    
     program under AS 28.35.028;                                                                                                
               (3)   the person provides proof  of insurance                                                                    
     as required by AS 28.20.230 and 28.20.240;                                                                                 
               (4)  the court requires  the person to use an                                                                    
     ignition  interlock device  during  the  period of  the                                                                    
     limited license  whenever the  person operates  a motor                                                                    
     vehicle  in  a  community  not  included  in  the  list                                                                    
     published by the  department under AS 28.22.011(b) and,                                                                    
     when applicable,                                                                                                           
               (A)      the   person   provides   proof   of                                                                    
     installation of the ignition  interlock device on every                                                                    
     vehicle the person operates;                                                                                               
               (B)      the   person  signs   an   affidavit                                                                    
     acknowledging that                                                                                                         
               (i)   operation  by the  person of  a vehicle                                                                    
     that is not equipped  with an ignition interlock device                                                                    
     is  subject to  penalties  for driving  with a  revoked                                                                    
     license;                                                                                                                   
               (ii)   circumventing  or  tampering with  the                                                                    
     ignition  interlock device  is a  class A  misdemeanor;                                                                    
     and                                                                                                                        
               (iii)   the  person is  required to  maintain                                                                    
     the ignition interlock device  throughout the period of                                                                    
     the  limited license,  to  keep  up-to-date records  in                                                                    
     each  vehicle showing  that  any  required service  and                                                                    
     calibration is  current, and  to produce  those records                                                                    
     immediately on request;                                                                                                    
               (5)   the  person is  enrolled in  and is  in                                                                    
     compliance  with  or  has  successfully  completed  the                                                                    
     alcoholism   screening,   evaluation,   referral,   and                                                                    
     program requirements  of the  Department of  Health and                                                                    
     Social Services under AS 28.35.030(h);                                                                                     
               (6)    the  person has  not  previously  been                                                                    
     granted  a limited  license under  this subsection  and                                                                    
     had the license revoked under (h) of this section;                                                                         
               (7)    the  person complies  with  a  program                                                                    
     established  under AS 47.38.020  for a  minimum of  120                                                                    
     days from the  date a limited license  is granted under                                                                    
     this section.                                                                                                              
          (h)  The court or the department may immediately                                                                      
     revoke  a limited  license granted  under  (g) of  this                                                                    
     section if  the person is  convicted of a  violation of                                                                    
     AS 28.35.030  or   28.35.032  or   a  similar   law  or                                                                    
     ordinance of this or another jurisdiction.                                                                                 
        * Sec. 28. AS 28.35.028(b) is amended to read:                                                                        
          (b)  Once the court elects to proceed under this                                                                      
     section,  the defendant  shall enter  a  no contest  or                                                                    
     guilty  plea  to  the  offense  or  shall  admit  to  a                                                                    
     probation violation, as appropriate.  The state and the                                                                    
     defendant may enter into a  plea agreement to determine                                                                    
     the  offense  or offenses  to  which  the defendant  is                                                                    
     required to plead. If the  court accepts the agreement,                                                                    
     the  court shall  enforce the  terms of  the agreement.                                                                    
     The court shall enter a  judgment of conviction for the                                                                    
     offense  or  offenses  for   which  the  defendant  has                                                                    
     pleaded  or an  order  finding that  the defendant  has                                                                    
     violated  probation,  as  appropriate.  A  judgment  of                                                                    
     conviction or  an order  finding a  probation violation                                                                    
     must set a schedule for  payment of restitution owed by                                                                    
     the  defendant.  In a  judgment  of  conviction and  on                                                                    
     probation   conditions   that   the   court   considers                                                                    
     appropriate, the court may  withhold pronouncement of a                                                                    
     period  of  imprisonment  or  a   fine  to  provide  an                                                                    
     incentive  for the  defendant  to complete  recommended                                                                    
     treatment successfully. Imprisonment  or a fine imposed                                                                    
     by a court shall comply  with AS 12.55 or any mandatory                                                                    
     minimum  or other  sentencing  provision applicable  to                                                                    
     the offense.  However, notwithstanding Rule  35, Alaska                                                                    
     Rules of  Criminal Procedure,  and any  other provision                                                                    
     of law, the court, at any  time after the period when a                                                                    
     reduction  of  sentence   is  normally  available,  may                                                                    
     consider   and   reduce   the   defendant's   sentence,                                                                
     including  imprisonment, fine,  or license  revocation,                                                                
     based on the defendant's  compliance with the treatment                                                                    
     plan; when reducing  a sentence, the court  (1) may not                                                                    
     reduce  the   sentence  below  the   mandatory  minimum                                                                    
     sentence for  the offense unless  the court  finds that                                                                    
     the  defendant  has   successfully  complied  with  and                                                                    
     completed  the treatment  plan and  that the  treatment                                                                    
     plan approximated  the severity  of the  minimum period                                                                    
     of imprisonment,  and (2) may consider  the defendant's                                                                    
     compliance  with the  treatment  plan  as a  mitigating                                                                    
     factor  allowing  a  reduction   of  a  sentence  under                                                                    
     AS 12.55.155(a). A court entering  an order finding the                                                                    
     defendant   has   violated   probation   may   withhold                                                                    
     pronouncement  of disposition  to provide  an incentive                                                                    
     for   the  defendant   to   complete  the   recommended                                                                    
     treatment successfully.                                                                                                    
        * Sec. 29. AS 28.35.030(o) is amended to read:                                                                        
          (o)  Upon request, the department shall review a                                                                      
     driver's  license revocation  imposed  under (n)(3)  of                                                                    
     this section and                                                                                                           
               (1)  may restore the driver's license if                                                                     
               (A) [(1)]  the license has been revoked for                                                                  
     a period of at least 10 years;                                                                                             
               (B) [(2)]  the person has not been convicted                                                                 
     of a  criminal offense  since the license  was revoked;                                                                    
     and                                                                                                                        
               (C) [(3)]  the person provides proof of                                                                      
     financial responsibility;                                                                                              
               (2)  shall restore the driver's license if                                                                   
               (A)  the person has been granted limited                                                                     
     license  privileges   under  AS 28.15.201(g)   and  has                                                                
     successfully driven under that  limited license for two                                                                
     years  without having  the  limited license  privileges                                                                
     revoked;                                                                                                               
               (B)  the person has successfully completed a                                                                 
     court-ordered treatment program under AS 28.35.028;                                                                    
               (C) the court previously terminated the                                                                      
     person's      revocation       as      provided      in                                                                
     AS 28.15.181(f)(1)(B);                                                                                                 
               (D)  the person has not been convicted of a                                                                  
     violation  of AS 28.35.030  or 28.35.032  or a  similar                                                                
     law or ordinance of this  or another jurisdiction since                                                                
     the license was revoked;                                                                                               
               (E) the person's privilege to drive may be                                                                   
     restored as provided in AS 28.15.211; and                                                                              
               (F)  the person provides proof of financial                                                                  
     responsibility."                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 23, line 17:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 32 and 34 - 38"                                                                                     
                                                                                                                                
     Page 23, line 18, following "Act,":                                                                                        
          Insert "AS 28.15.181(f), as amended by sec. 26 of                                                                     
     this Act,  AS 28.15.201(g) and (h), enacted  by sec. 27                                                                    
     of this Act, AS 28.35.028(b), as  amended by sec. 28 of                                                                    
     this  Act, AS 28.35.030(o),  as amended  by sec.  29 of                                                                    
     this Act,"                                                                                                                 
                                                                                                                                
     Page 23, line 19:                                                                                                          
          Delete "sec. 26"                                                                                                      
          Insert "sec. 30"                                                                                                      
          Delete "sec. 27"                                                                                                      
          Insert "sec. 31"                                                                                                      
                                                                                                                                
     Page 23, line 20:                                                                                                          
          Delete "sec. 28"                                                                                                      
          Insert "sec. 32"                                                                                                      
                                                                                                                                
     Page 23, line 21:                                                                                                          
          Delete "sec. 32"                                                                                                      
          Insert "sec. 36"                                                                                                      
                                                                                                                                
     Page 23, line 22:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 32 and 34 - 38"                                                                                     
                                                                                                                                
     Page 23, line 23:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 32 and 34 - 38"                                                                                     
                                                                                                                                
     Page 23, line 27:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 23, line 29:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 24, line 3:                                                                                                           
          Delete "sec. 26"                                                                                                      
          Insert "sec. 30"                                                                                                      
                                                                                                                                
     Page 24, line 6:                                                                                                           
          Delete "sec. 27"                                                                                                      
          Insert "sec. 31"                                                                                                      
          Delete "sec. 28"                                                                                                      
          Insert "sec. 32"                                                                                                      
                                                                                                                                
     Page 24, line 9:                                                                                                           
          Delete "sec. 32"                                                                                                      
          Insert "sec. 36"                                                                                                      
                                                                                                                                
     Page 24, line 12:                                                                                                          
          Delete "Section 29"                                                                                                   
          Insert "Section 33"                                                                                                   
                                                                                                                                
     Page 24, line 13:                                                                                                          
          Delete "Section 36"                                                                                                   
          Insert "Section 40"                                                                                                   
                                                                                                                                
     Page 24, line 14:                                                                                                          
          Delete "Sections 1 - 28 and 30 - 34"                                                                                  
          Insert "Sections 1 - 32 and 34 - 38"                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
2:45:14 PM                                                                                                                    
                                                                                                                                
MR. SHILLING explained that the purpose of Amendment 16 was to                                                                  
incorporate the concept of a limited license.  This concept was                                                                 
originally in [SB  81], sponsored by Senators  Meyer and Coghill,                                                               
and which was "rolled into the  crime bill, SB 64."  He described                                                               
the concept  as very complicated, made  more so by AS  Title 28 -                                                               
Motor Vehicles.   The main reason to establish  a limited license                                                               
in  Alaska is  because those  who have  been convicted  of felony                                                               
driving under the  influence (DUI) and lose their  right to drive                                                               
for  life,   still  continue  to   drive  while   unlicensed  and                                                               
uninsured.   Amendment 16  would establish  a special  license to                                                               
"funnel these  individuals into a state-supervised  license."  To                                                               
qualify for the special license,  an individual must agree to the                                                               
following public  safety measures:  participate  in a therapeutic                                                               
court,  which is  a treatment  program; have  insurance; have  an                                                               
ignition interlock  device on their  vehicle; be enrolled  in the                                                               
Alcohol  Safety  Action  Program  (ASAP);  and  be  on  the  24/7                                                               
Sobriety Program.  Mr. Shilling  stressed that an individual only                                                               
has  one opportunity  to obtain  a special  limited license.   He                                                               
recalled that  the sponsors have  been working on the  concept of                                                               
Amendment 16 for over one year.                                                                                                 
                                                                                                                                
CHAIR KELLER observed the foregoing  supports the creation of the                                                               
Alaska Criminal Justice Commission.                                                                                             
                                                                                                                                
REPRESENTATIVE FOSTER asked about  the access to limited licenses                                                               
for those living in the rural areas of Alaska.                                                                                  
                                                                                                                                
2:49:06 PM                                                                                                                    
                                                                                                                                
TONY  PIPER,  Program  Manager, Alcohol  Safety  Action  Program,                                                               
Division of  Behavioral Health, Department  of Health  and Social                                                               
Services,  responded  that  the  Alcohol  Safety  Action  Program                                                               
(ASAP) has 13 offices around the  state; in areas without an ASAP                                                               
office,  the "treatment  agencies"  in the  area sometimes  offer                                                               
monitoring and reporting services.                                                                                              
                                                                                                                                
REPRESENTATIVE   FOSTER  expressed   his   support  for   limited                                                               
licenses,  as  long  as  the  state  can  ensure  that  they  are                                                               
available to those in rural Alaska.                                                                                             
                                                                                                                                
MR.  SHILLING  said  he  was  unsure  of  which  communities  are                                                               
exempted from interlock laws.                                                                                                   
                                                                                                                                
2:50:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew his  objection.  There being no                                                               
further objection, Amendment 16 was adopted.                                                                                    
                                                                                                                                
2:51:00 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER moved to adopt Amendment 17, labeled 28-                                                                           
LS0116\L.18, Gardner, 4/1/14, which read:                                                                                       
                                                                                                                                
     Page 2, line 1, following "Services;":                                                                                   
          Insert "relating to the confidentiality of                                                                          
     certain records of criminal cases;"                                                                                    
                                                                                                                                
     Page 2, following line 2:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section  1. The  uncodified law  of the  State of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE INTENT FOR SEC. 27 OF THIS ACT. It is                                                                     
     the intent  of the legislature  in sec. 27 of  this Act                                                                    
     that,  to  the  extent practicable,  the  Alaska  Court                                                                    
     System  hold  confidential  records of  criminal  cases                                                                    
     that  were disposed  of before  the  effective date  of                                                                    
     sec. 27  of this  Act by acquittal  of all  charges, by                                                                    
     dismissal  of  all charges,  or  by  acquittal of  some                                                                    
     charges and dismissal of the  remaining charges, to the                                                                    
     same extent  that records  are held  confidential under                                                                    
     AS 22.35.030, enacted by sec. 27 of this Act."                                                                           
                                                                                                                                
     Page 2, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, following line 31:                                                                                                
          Insert a new bill section to read:                                                                                    
        "*  Sec. 27.  AS 22.35 is  amended by  adding a  new                                                                
     section to read:                                                                                                           
          Sec. 22.35.030. Records concerning criminal cases                                                                   
     resulting in  acquittal or dismissal  confidential. (a)                                                                  
     A court  record of a  criminal case is  confidential if                                                                    
     120 days  have elapsed  from the  date of  acquittal or                                                                    
     dismissal and                                                                                                              
               (1)  the defendant was acquitted of all                                                                          
     charges filed in the case;                                                                                                 
               (2)  all criminal charges against the                                                                            
     defendant  in  the  case have  been  dismissed  by  the                                                                    
     prosecuting authority; or                                                                                                  
               (3)  the defendant was acquitted of some of                                                                      
     the  criminal charges  in the  case  and the  remaining                                                                    
     charges were dismissed.                                                                                                    
          (b)  Notwithstanding (a) of this section, the                                                                         
     following  persons  may  have access  to  records  made                                                                    
     confidential under this section:                                                                                           
               (1)  employees of the Department of Health                                                                       
     and  Social  Services  who   are  responsible  for  the                                                                    
     health,  safety, welfare,  or placement  of a  child, a                                                                    
     person with  a physical or intellectual  disability, or                                                                    
     a person with a mental illness;                                                                                            
               (2)  the public guardian under AS 13.26.370                                                                      
     or  a guardian  ad litem  supervised by  the office  of                                                                    
     public advocacy;                                                                                                           
               (3)  a person who is authorized to have                                                                          
     access  to  the  criminal justice  information  network                                                                    
     maintained  by the  Department of  Public Safety  under                                                                    
     AS 12.62.                                                                                                                  
          (c)  The Department of Health and Social Services                                                                     
     shall adopt  regulations to  administer (b)(1)  of this                                                                    
     section."                                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 23, line 3:                                                                                                           
          Delete "sec. 1"                                                                                                       
          Insert "sec. 2"                                                                                                       
                                                                                                                                
     Page 23, line 4:                                                                                                           
          Delete "sec. 2"                                                                                                       
          Insert "sec. 3"                                                                                                       
          Delete "sec. 3"                                                                                                       
          Insert "sec. 4"                                                                                                       
                                                                                                                                
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          Insert "sec. 9"                                                                                                       
                                                                                                                                
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          Insert "sec. 11"                                                                                                      
                                                                                                                                
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          Delete "sec. 12"                                                                                                      
          Insert "sec. 13"                                                                                                      
          Delete "sec. 13"                                                                                                      
          Insert "sec. 14"                                                                                                      
                                                                                                                                
     Page 23, line 11:                                                                                                          
          Delete "sec. 14"                                                                                                      
          Insert "sec. 15"                                                                                                      
          Delete "sec. 15"                                                                                                      
          Insert "sec. 16"                                                                                                      
                                                                                                                                
     Page 23, line 12:                                                                                                          
          Delete "sec. 16"                                                                                                      
          Insert "sec. 17"                                                                                                      
          Delete "sec. 17"                                                                                                      
          Insert "sec. 18"                                                                                                      
                                                                                                                                
     Page 23, line 13:                                                                                                          
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          Delete "sec. 19"                                                                                                      
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          Delete "sec. 20"                                                                                                      
          Insert "sec. 21"                                                                                                      
                                                                                                                                
     Page 23, line 15:                                                                                                          
          Delete "sec. 21"                                                                                                      
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          Delete "sec. 22"                                                                                                      
          Insert "sec. 23"                                                                                                      
                                                                                                                                
     Page 23, line 16:                                                                                                          
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 23, line 17:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 26, 28 - 30, and 32 - 36"                                                                           
                                                                                                                                
     Page 23, line 18:                                                                                                          
          Delete "sec. 24"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 23, line 19:                                                                                                          
          Delete "sec. 26"                                                                                                      
          Insert "sec. 28"                                                                                                      
          Delete "sec. 27"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 23, line 20:                                                                                                          
          Delete "sec. 28"                                                                                                      
          Insert "sec. 30"                                                                                                      
                                                                                                                                
     Page 23, line 21:                                                                                                          
          Delete "sec. 32"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 23, line 22:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 26, 28 - 30, and 32 - 36"                                                                           
                                                                                                                                
     Page 23, line 23:                                                                                                          
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
          Insert "secs. 1 - 26, 28 - 30, and 32 - 36"                                                                           
                                                                                                                                
     Page 23, following line 23:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(c)  AS 22.35.030, enacted by sec. 27 of this                                                                        
     Act, applies to criminal charges concluded on or after                                                                     
         the effective date of sec. 27 of this Act, by                                                                          
     dismissal or by acquittal of the defendant."                                                                               
                                                                                                                                
     Page 23, line 27:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 32"                                                                                                      
                                                                                                                                
     Page 23, line 29:                                                                                                          
          Delete "sec. 30"                                                                                                      
          Insert "sec. 32"                                                                                                      
                                                                                                                                
     Page 24, line 3:                                                                                                           
          Delete "sec. 26"                                                                                                      
          Insert "sec. 28"                                                                                                      
                                                                                                                                
     Page 24, line 6:                                                                                                           
          Delete "sec. 27"                                                                                                      
          Insert "sec. 29"                                                                                                      
          Delete "sec. 28"                                                                                                      
          Insert "sec. 30"                                                                                                      
                                                                                                                                
     Page 24, line 9:                                                                                                           
          Delete "sec. 32"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 24, following line 11:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 39. Section 27 of this Act takes effect                                                                     
     October 1, 2014."                                                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, line 12:                                                                                                          
          Delete "Section 29"                                                                                                   
          Insert "Section 31"                                                                                                   
                                                                                                                                
     Page 24, line 13:                                                                                                          
          Delete "Section 36"                                                                                                   
          Insert "Section 38"                                                                                                   
                                                                                                                                
     Page 24, line 14:                                                                                                          
          Delete "Sections 1 - 28 and 30 - 34"                                                                                  
         Insert "Sections 1 - 26, 28 - 30, and 32 - 36"                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
MR. PRAX  said the language in  Amendment 17 was derived  from SB                                                               
108 which is  sponsored by Senator Dyson and is  currently in the                                                               
House  Judiciary Standing  Committee.   The amendment  relates to                                                               
the confidentiality of records in criminal cases.                                                                               
                                                                                                                                
2:52:02 PM                                                                                                                    
                                                                                                                                
SENATOR  FRED  DYSON,  Alaska State  Legislature,  expressed  his                                                               
belief that the adoption of  Amendment 17 is supported by Senator                                                               
Coghill.   He informed the  committee the substance  of Amendment                                                               
17 was thoroughly vetted in the  Senate [during the hearing of SB                                                               
108], and noted there has  been consistent support in both houses                                                               
of the  legislature for  rights held in  the Second  Amendment to                                                               
the U.S. Constitution.   Amendment 17 addresses  Amendments 4 and                                                               
5 to  the U.S. Constitution,  which are  included in the  Bill of                                                               
Rights:  privacy  and due process.  He explained  that Alaska has                                                               
had - for the last 10 years  - the most extensive record of court                                                               
proceedings of  any state through  [the statewide index  of trial                                                               
court  cases  filed  with the  Alaska  Court  System]  CourtView.                                                               
However, there is  no mechanism for arrest  records "to disappear                                                               
off the list"  thus the records of misdemeanor  arrests that have                                                               
been  dismissed  are  kept  "forever  without  this  bill."    He                                                               
estimated that  last year there  were about 7,000  felony arrests                                                               
of which about 1,900 were dismissed  and never went to trial, but                                                               
the records  are maintained, along  with those of  defendants who                                                               
go  through the  trial process  and who  are acquitted.   Senator                                                               
Dyson said  the result is  that people  who are arrested  but who                                                               
are  not charged,  have had  their  cases dismissed,  or who  are                                                               
acquitted,  must explain  to employers,  lenders, and  others why                                                               
they have a record.   Furthermore, he pointed out that interested                                                               
parties may not sufficiently research  a case to find a dismissal                                                               
or an acquittal.   The purpose of the amendment  is for those who                                                               
fully participated in the adjudication  process, and have had all                                                               
charges  dismissed, after  120 days  the record  will be  removed                                                               
from CourtView.   The  records will still  be available  from the                                                               
National  Crime Information  Center  and from  the Alaska  Public                                                               
Safety   Information  Network;   in  fact,   there  are   special                                                               
provisions in  the legislation to  provide training on  access to                                                               
the  records for  those researching  adoptive and  foster parents                                                               
and  guardians.   Senator Dyson  described some  of the  problems                                                               
caused by  a record  remaining after  a case  was dismissed.   He                                                               
opined that  the number of  cases filed against  defendants found                                                               
guilty will  be far less  than the  total arrests.   He estimated                                                               
that over  a 10-year history of  recordkeeping through CourtView,                                                               
there may  be 60,000-70,000 residents  who were never  charged or                                                               
whose cases were adjudicated.                                                                                                   
                                                                                                                                
2:57:24 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  clarified  that  the  "trigger"  is  acquittal  or                                                               
dismissal, and a [waiting] time period of 120 days.                                                                             
                                                                                                                                
SENATOR DYSON said yes.                                                                                                         
                                                                                                                                
2:57:34 PM                                                                                                                    
                                                                                                                                
CHUCK KOPP, Staff, Senator Fred  Dyson, Alaska State Legislature,                                                               
added that  to have the  arrest record  removed a person  must be                                                               
acquitted and/or dismissed  of all charges, so if  a defendant is                                                               
arrested  on more  than  one  charge, and  pleads  to the  lesser                                                               
charge, all of the charges remain  on CourtView.  He said, "So it                                                               
only would  go away if you  were dismissed of all  charges or all                                                               
charges against you, you were acquitted of."                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX called  attention  to legislative  intent,                                                               
which appears to make the bill retroactive.  She remarked:                                                                      
                                                                                                                                
     And  [it]  also   looks  like  that,  as   far  as  the                                                                    
     retroactivity portion  of it, it could  be acquittal of                                                                    
     some  charges and  dismissal of  the remaining  charges                                                                    
     for   retroactive  application,   as  opposed   to  for                                                                    
     prospective application, it would  only be dismissal of                                                                    
     all of the charges.  So that sort of confuses me.                                                                          
                                                                                                                                
MR. KOPP answered  that the legislative intent  section was added                                                               
because of the practical considerations  of undoing the damage of                                                               
CourtView.   To the  extent this is  practical, the  court system                                                               
would treat the proposed legislation  as going back for those who                                                               
are  acquitted of  all charges,  dismissed of  all charges  or by                                                               
acquittal  of  some  charges  and   dismissal  of  the  remaining                                                               
charges, to the  same extent that records  are held confidential.                                                               
Inclusion  of this  language would  "help [the  court system]  do                                                               
that to  the portion  of this process  that most  affects people,                                                               
which is CourtView,  and then go forward with both  the hard copy                                                               
and the electronic without a huge  fiscal note ... going back for                                                               
decades of hard file copies.                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER expressed his support of Amendment 17.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG also expressed  support, but pointed out                                                               
that in the amendment a dismissal  is only allowed if made by the                                                               
prosecuting attorney; however,  a dismissal could be  made by the                                                               
court.                                                                                                                          
                                                                                                                                
MR. KOPP recognized that the  court also dismisses cases and said                                                               
the  omission  had  previously  been  brought  to  the  sponsor's                                                               
attention.   In further response to  Representative Gruenberg, he                                                               
said the sponsor is comfortable with correcting the omission.                                                                   
                                                                                                                                
3:02:24 PM                                                                                                                    
                                                                                                                                
SENATOR  DYSON  cautioned  that there  have  been  objections  to                                                               
including dismissal  by the court  because of an  apprehension of                                                               
arbitrary  court   decisions,  and   "a  predisposition   on  the                                                               
Department of Law to keep control within their kingdom."                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  said his first  concern was to  who can                                                               
dismiss cases,  and his second  concern was  to why cases  can be                                                               
dismissed.   In fact, cases can  be dismissed on their  merits or                                                               
for various  administrative reasons, such  as a lack of  a speedy                                                               
trial.   He asked whether  "the why  of the dismissal"  should be                                                               
part of  the reason the records  are not retained.   Of his third                                                               
concern, he posed  that a request for records could  come for the                                                               
purpose of their use at trial  to impeach a witness, and he asked                                                               
if the sponsor  wants to allow the court to  enter an appropriate                                                               
order to retain the records.                                                                                                    
                                                                                                                                
SENATOR  DYSON  restated that  the  records  are only  taken  off                                                               
CourtView and officers  of the court and police  would still have                                                               
access to  other sources.   The Alaska  Court System  has changed                                                               
its court rules for civil cases.                                                                                                
                                                                                                                                
REPRESENTATIVE LEDOUX observed that  the amendment says, "A court                                                               
record of a criminal case  is confidential."  However, not having                                                               
records on  CourtView does not  mean they are confidential.   She                                                               
read from Amendment 17 on page 2, lines 9-10, which read:                                                                       
                                                                                                                                
     (b) Notwithstanding (a) of this section, the following                                                                     
      persons may have access to records made confidential                                                                      
     under this section:                                                                                                        
                                                                                                                                
REPRESENTATIVE  LEDOUX  continued,  saying the  language  clearly                                                               
delineates the people who have access to records.                                                                               
                                                                                                                                
3:07:31 PM                                                                                                                    
                                                                                                                                
NANCY MEADE, General Counsel,  Administrative Staff, Alaska Court                                                               
System, in response to Representative  LeDoux, confirmed that the                                                               
proposed  statute would  make  the  aforementioned court  records                                                               
confidential in their paper format  and on CourtView.  The Alaska                                                               
Court System's  definition of confidential is  that those records                                                               
would be  accessible only  to the  parties of a  case and  not by                                                               
other attorneys, thus  the specific exceptions to  who can access                                                               
the records is included in the proposed legislation.                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  stressed that the foregoing  testimony has                                                               
been that "somebody could actually go  down there and look at the                                                               
records,  but that  doesn't sound  like that  is necessarily  the                                                               
case."                                                                                                                          
                                                                                                                                
MS. MEADE expressed  her understanding that these  cases would be                                                               
confidential just  like a Child in  Need of Aid (CINA)  case, and                                                               
access  to  those  records  is restricted  to  the  parties,  the                                                               
attorneys, and  someone with  a written order  from the  court or                                                               
court  staff.   She restated  that the  records would  not be  on                                                               
CourtView and  would only  be accessible in  paper form  to those                                                               
who are authorized.                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG observed that  there are still questions                                                               
about the amendment  to be posed; for example,  the best evidence                                                               
rule has not been discussed.   Generally, parties to a legal case                                                               
seek a document in the best condition possible.                                                                                 
                                                                                                                                
3:10:10 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:10:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX said she  felt uncomfortable with Amendment                                                               
17 as drafted.                                                                                                                  
                                                                                                                                
MS. MEADE clarified that confidential  records are accessible for                                                               
the use of law enforcement.                                                                                                     
                                                                                                                                
3:12:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  removed his objection.   There being no                                                               
further objection, Amendment 17 was adopted.                                                                                    
                                                                                                                                
3:12:13 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER [moved to adopt] Conceptual Amendment 18.                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
3:12:28 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:12:34 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  rescinded his motion to  adopt Conceptual Amendment                                                               
18, and then  moved to adopt Amendment  18, labeled 28-0116\L.29,                                                               
Gardner, 4/4/14 which read:                                                                                                     
                                                                                                                                
     Page 23, following line 23:                                                                                                
          Insert a new bill section to read:                                                                                    
         "* Sec. 35. The uncodified law of the State of                                                                     
     Alaska is amended by adding a new section to read:                                                                         
          SPECIAL REPORT OF ALASKA CRIMINAL JUSTICE                                                                             
     COMMISSION.  The  Alaska  Criminal  Justice  Commission                                                                    
     shall  submit to  the governor  and  the legislature  a                                                                    
     special report, not later  than July 1, 2016, regarding                                                                    
     alcohol-related  offenses  in  AS 28. The  report  must                                                                    
     include recommendations on                                                                                                 
               (1)  whether a revision of the alcohol-                                                                          
     related offenses in AS 28 is necessary;                                                                                    
               (2)  maintaining both the administrative and                                                                     
     court license revocation processes;                                                                                        
               (3)  the effectiveness of ignition interlock                                                                     
     devices  in  reducing  the offenses  of  driving  while                                                                    
     under   the  influence   of   an  alcoholic   beverage,                                                                    
     inhalant,  or  controlled   substance  and  refusal  to                                                                    
     submit to a chemical test, and reducing recidivism;                                                                        
               (4)  whether the punishment, fines, and                                                                          
     associated driver's license  revocation periods for the                                                                    
     offenses  of driving  while under  the influence  of an                                                                    
     alcoholic beverage,  inhalant, or  controlled substance                                                                    
     and  refusal to  submit to  a chemical  test should  be                                                                    
     decreased or increased;                                                                                                    
               (5)  the effectiveness of programs that                                                                          
     promote  offender accountability,  emphasize swift  and                                                                    
     certain, yet  measured, punishment,  reduce recidivism,                                                                    
     and   maximize  the   offender's   ability  to   remain                                                                    
     productive in society;                                                                                                     
               (6)  whether limited licenses should be                                                                          
     available for persons charged with  or convicted of the                                                                    
     offenses  of driving  while under  the influence  of an                                                                    
     alcoholic beverage,  inhalant, or  controlled substance                                                                    
     or  refusal  to  submit  to   a  chemical  test,  while                                                                    
     providing for public safety."                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, line 13:                                                                                                          
          Delete "Section 36"                                                                                                   
          Insert "Section 37"                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
3:13:50 PM                                                                                                                    
                                                                                                                                
MR.  PRAX  explained   that  Amendment  18  was   the  result  of                                                               
collaboration between Senator Coghill's  staff, the Department of                                                               
Law,  the court  system, other  interested parties,  and himself.                                                               
He advised that Alaska's DUI  laws are complex regarding licensed                                                               
drivers   who  have   received  a   misdemeanor  or   felony  DUI                                                               
conviction.   He said the aforementioned  collaborators concluded                                                               
that  AS 28  "needs  to be  ... simplified"  for  the benefit  of                                                               
drivers and other interested parties.   Mr. Prax said the purpose                                                               
of  Amendment 18  was to  add a  special report  from the  Alaska                                                               
Criminal Justice Commission to the  legislature and the governor,                                                               
which is to be received no  later than 7/1/16.  The commission is                                                               
charged   to  review   AS  28   and  issue   its  report   making                                                               
recommendations on the following:                                                                                               
                                                                                                                                
   · whether a revision of alcohol-related offenses in AS 28 is                                                                 
     necessary;                                                                                                                 
   · maintaining both the administrative and court license                                                                      
     revocation processes;                                                                                                      
   · the effectiveness of ignition interlock devices in reducing                                                                
     the offenses of driving while under the influence of                                                                       
     alcohol and in reducing recidivism;                                                                                        
   · whether the punishment, fines, and associated driver's                                                                     
     license revocation periods for DUI offenses should be                                                                      
     increased or decreased;                                                                                                    
   · the effectiveness of programs that promote offender                                                                        
     accountability, emphasize swift and certain punishment and                                                                 
     maximize the offender's ability to remain productive in                                                                    
     society;                                                                                                                   
   · whether limited licenses should be available for persons                                                                   
     convicted of DUI offenses.                                                                                                 
                                                                                                                                
MR. PRAX provided a short description of each task.                                                                             
                                                                                                                                
3:22:50 PM                                                                                                                    
                                                                                                                                
MR. SHILLING  said the amendment  is commendable and  agreed that                                                               
AS 28 is extremely difficult to interpret.                                                                                      
                                                                                                                                
CHAIR KELLER  cautioned about the  amount of resources  needed to                                                               
complete  the  purpose  of  the   amendment,  and  expressed  his                                                               
support.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  surmised that releasing an  offender on                                                               
the  street with  "nothing and  no way  to get  anywhere" invites                                                               
another offense.                                                                                                                
                                                                                                                                
CHAIR  KELLER directed  the committee's  attention to  a response                                                               
from the Department of Corrections  found in the committee packet                                                               
related to the resources that are available to an inmate.                                                                       
                                                                                                                                
3:25:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.  There being no                                                                 
further objection, Amendment 18 was adopted.                                                                                    
                                                                                                                                
3:25:17 PM                                                                                                                    
                                                                                                                                
[CSSB 64(FIN) was held over.]                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
SB 64 Document~DOC Response to March 28 H Judiciary Questions.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 187 Sponsor Statement.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187~Explanation of Changes.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Sectional Analysis.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187~Explanation of Changes.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~DOC.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~OPA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~LAW.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~PDA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~OPA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~Rule 37.5 Access to Court Records.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~CINA Rule 8.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Forensic Child Interview Roundtable.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Criminal Procedure Rule 16(d).pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Children's Justice Act Task Force.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 64 Proposed Amendment L.9.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.21.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Support Letter Cook Inlet Tribal Council.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Opposition Letter~Babette Miller.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.18.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
HCSCSSB 187 (JUD) ver. P Draft.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 64 Proposed Amendment L.15 (Unlawful Evasion).pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.24.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.28.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
HCSCSSB 187 (JUD) Conceptual Amendment.pdf HJUD 4/4/2014 1:00:00 PM
SB 187