Legislature(2019 - 2020)GRUENBERG 120

04/29/2019 01:00 PM JUDICIARY

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Audio Topic
01:20:51 PM Start
01:21:59 PM HB49
02:09:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:15 pm --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE TELECONFERENCED
Moved CSHB 49(JUD) Out of Committee
        HB  49-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                    
                                                                                                                                
1:21:59 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
HOUSE  BILL  NO.  49,  "An  Act  relating  to  criminal  law  and                                                               
procedure;  relating   to  controlled  substances;   relating  to                                                               
probation;  relating  to  sentencing;   relating  to  reports  of                                                               
involuntary  commitment;   amending  Rule  6,  Alaska   Rules  of                                                               
Criminal  Procedure;  and  providing   for  an  effective  date."                                                               
[Before the  committee as the  working document was  the proposed                                                               
committee substitute  (CS) for HB  49, Version 31-GH1029\M.   The                                                               
committee had  adopted Version M  as the working  document during                                                               
the previous committee meeting.]                                                                                                
                                                                                                                                
CHAIR  CLAMAN   announced  that  the  committee   would  take  up                                                               
amendments to HB  49.  He stated for the  record that Legislative                                                               
Legal  Services   has  permission  to  make   any  technical  and                                                               
conforming changes to the bill.                                                                                                 
                                                                                                                                
1:22:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to adopt Amendment 1, labeled 31-                                                                   
GH1029\M.6, Radford, 4/28/19, which read:                                                                                       
                                                                                                                                
     Page 28, following line 22:                                                                                                
     Insert a new bill section to read:                                                                                         
        "* Sec. 49. 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, unless the  revocation was ordered in                                                                
     a  case in  which the  person was  also convicted  of a                                                                
     crime  under   AS 11.41.100  -   11.41.210,  11.41.280,                                                                
     11.41.282, or a similar law in another jurisdiction,                                                                   
               (1)  may restore the driver's license if                                                                         
               (A)    the license  has  been  revoked for  a                                                                    
     period of at least 10 years;                                                                                               
               (B)  the  person has not been  convicted of a                                                                    
     [DRIVING-RELATED]  criminal  offense  in the  10  years                                                                
     preceding the  request for  restoration of  [SINCE] the                                                                
     license [WAS REVOKED]; and                                                                                                 
               (C)   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                                                                    
     three   years  without   having  the   limited  license                                                                    
     privileges revoked;                                                                                                        
               (B)  the person  has successfully completed a                                                                    
     court-ordered treatment  program under  AS 28.35.028 or                                                                    
     a     rehabilitative     treatment    program     under                                                                    
     AS 28.15.201(h);                                                                                                           
               (C)  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;                                                                                                   
               (D)   the  person  is  otherwise eligible  to                                                                    
     have  the  person's   driving  privileges  restored  as                                                                    
     provided in AS 28.15.211; in  an application under this                                                                    
     subsection, a  person whose license  was revoked  for a                                                                    
     violation  of AS 28.35.030(n)  or  28.35.032(p) is  not                                                                    
     required  to   submit  compliance  as   required  under                                                                    
     AS 28.35.030(h) or 28.35.032(l); and                                                                                       
               (E)  the person provides proof of financial                                                                      
     responsibility."                                                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 29, following line 26:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 51. AS 28.35.032(q) is amended to read:                                                                     
          (q)  Upon request, the department shall review a                                                                      
     driver's  license revocation  imposed  under (p)(3)  of                                                                    
     this section and, unless the  revocation was ordered in                                                                
     a  case in  which the  person was  also convicted  of a                                                                
     crime  under   AS 11.41.100  -   11.41.210,  11.41.280,                                                                
     11.41.282, or  a similar  law in  another jurisdiction,                                                                
     may restore the driver's license if                                                                                        
               (1)  the license has been revoked for a                                                                          
     period of at least 10 years;                                                                                               
               (2)  the person has not been convicted of a                                                                      
     criminal offense in the 10  years preceding the request                                                                
     for restoration  of [SINCE] the license  [WAS REVOKED];                                                                
     and                                                                                                                        
               (3)  the person provides proof of financial                                                                      
     responsibility."                                                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
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     Page 40, following line 7:                                                                                                 
          Insert new paragraphs to read:                                                                                        
               "(36)  AS 28.35.030(o), as amended by sec.                                                                       
     49 of this Act;                                                                                                            
               (37)  AS 28.35.032(q), as amended by sec. 51                                                                     
     of this Act."                                                                                                              
                                                                                                                                
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CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
1:22:55 PM                                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  said Amendment 1  relates to the  crime of                                                               
driving under the  influence (DUI).  She explained  that a person                                                               
who  commits felony  DUI    which  she clarified  means that  the                                                               
person has committed  DUI three times   can  have his/her drivers                                                               
license reinstated within  10 years.  She explained  that, if the                                                               
person  commits a  driving-related  offense  during that  10-year                                                               
period, the  result is  doomsday   and the person can  never have                                                               
his/her license reinstated.   She said Amendment 1  would make it                                                               
so that  a person  can have his/her  license reinstated  10 years                                                               
after his/her last  driving-related offense.  She  noted that the                                                               
language in  Amendment 1 is  already in  HB 145 and  the Senates                                                                
version of  the crime bill.   She said  it is unclear  which bill                                                               
will ultimately be  the vehicle,   so she would like the language                                                               
added to HB 49.                                                                                                                 
                                                                                                                                
1:24:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked for  an  example  of the  sort  of                                                               
person who would benefit from the adoption of Amendment 1.                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  established a  scenario in which  a person                                                               
in his/her  20s is convicted  of felony DUI  in 2010 and  then is                                                               
caught driving  while his/her  license is revoked  in 2015.   She                                                               
explained  that person  would currently  be  forever barred  from                                                               
having his/her  license reinstated.   She said Amendment  1 would                                                               
allow the  person to get  his/her license back in  2025, assuming                                                               
no  further  driving-related  offenses.     She  noted  that  the                                                               
reinstatement  provision  in  Amendment  1 would  only  apply  to                                                               
drivers who did not kill  or seriously maim another person during                                                               
the commission of  their offenses.  She said  the amendment would                                                               
make it more  difficult for drivers who have  killed or seriously                                                               
maimed another person to have their licenses reinstated.                                                                        
                                                                                                                                
1:27:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  how  Amendment 1  would deal  with                                                               
individuals who were charged with  killing or maiming someone but                                                               
pled down to a lesser, nonviolent offense.                                                                                      
                                                                                                                                
REPRESENTATIVE   LEDOUX  said   Amendment  1   would  require   a                                                               
conviction.  She  noted that, as the law  currently stands, those                                                               
individuals [who  pled down] can  have their  licenses reinstated                                                               
if they do not have a driving-related offense within 10 years.                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN noted that  the amendment would remove the                                                               
words   driving-related from  the subparagraph  dealing with  the                                                               
10-year  period.   He asked  about  the threshold  after which  a                                                               
driving  offense becomes  criminal.   He  asked whether  reckless                                                               
driving  is a  criminal offense,  or  if it  falls under  another                                                               
category.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  LEDOUX said  she believes  reckless driving  is a                                                               
misdemeanor but running a stop sign is not a criminal offense.                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN asked if  someone caught driving 120 miles                                                               
per  hour would  qualify under  the language  in Amendment  1, as                                                               
speeding is a traffic offense rather than a criminal offense.                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  that  is  correct  but  noted  that                                                               
somebody driving 120  miles per hour would likely  be charged and                                                               
convicted of reckless driving.                                                                                                  
                                                                                                                                
REPRESENTATIVE  EASTMAN agreed  about  the  charge but  expressed                                                               
doubt that  the person would  be convicted.   He noted  that such                                                               
charges  are frequently  pled  down.   He  said  he can  envision                                                               
scenarios in which criminal conduct nets only a traffic offense.                                                                
                                                                                                                                
REPRESENTATIVE LEDOUX  said Representative Eastmans   point would                                                               
be  better   addressed  by  the   Department  of  Law   (DOL)  or                                                               
Representative Kopp.                                                                                                            
                                                                                                                                
1:30:30 PM                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KOPP   mentioned  that   he  is  a   retired  law                                                               
enforcement officer.   He noted that the  underlying facts always                                                               
influence the severity of the  charge.  He explained that driving                                                               
120  miles per  hour on  an empty  stretch of  road to  Fairbanks                                                               
would likely  not result  in criminal charges.   He  said driving                                                               
120 miles  per hour  through Anchorage would  surely result  in a                                                               
reckless  driving charge  because of  the opportunity  to collide                                                               
with a pedestrian or another vehicle.                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX  addressed the following  to Representative                                                               
Eastman:   Under  the  current  law,  the  person  has  not  been                                                               
convicted  of a  driving-related criminal  offense.   So this  is                                                               
actually tightening things up.   Currently, they can be convicted                                                               
of just a  driving-related offense, so the  same questions relate                                                               
to that as relate to the law as it now exists.                                                                                  
                                                                                                                                
1:31:50 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked if  the  administration  has a  position  on                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law, confirmed that  the provision contained within                                                               
Amendment 1  is also in  Governor Dunleavys  crime package.   She                                                               
said the administration does not object.                                                                                        
                                                                                                                                
1:32:24 PM                                                                                                                      
                                                                                                                                
CHAIR  CLAMAN removed  his  objection.   There  being no  further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
1:32:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES moved  to adopt  Amendment 2,  labeled 31-                                                               
GH1029\M.3, Radford, 4/28/29, which read:                                                                                       
                                                                                                                                
     Page 35, line 9, following "action;":                                                                                  
          Insert "and"                                                                                                      
                                                                                                                                
     Page 35, lines 10 - 12:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 36, line 7:                                                                                                           
          Delete "and"                                                                                                          
                                                                                                                                
     Page 36, line 9, following "offense":                                                                                      
          Insert "; and                                                                                                         
               (5)  the number of crime victims that                                                                            
      participated in the prosecution of and court process                                                                      
       relating to the offense in which the person was a                                                                        
     victim"                                                                                                                    
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE  STUTES explained  that  Amendment  2 addresses  a                                                               
drafting  error.    She  said  it  would  move  a  DOL  reporting                                                               
requirement from  section 54 to  section 56.  She  explained that                                                               
the requirement is for DOL to  report the number of crime victims                                                               
that  participated  in  the  prosecution  of  and  court  process                                                               
relating to the offense in which the person was a victim.                                                                       
                                                                                                                                
1:33:21 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN withdrew his objection.  There being no further                                                                    
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
1:33:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES moved to adopt Amendment 3, labeled 31-                                                                   
GH1029\M.4, Radford, 4/28/29, which read:                                                                                       
                                                                                                                                
     Page 13, following line 14:                                                                                                
     Insert a new bill section to read:                                                                                         
        "* Sec. 26. AS 11.61.120(a) is amended to read:                                                                     
          (a)  A person commits the crime of harassment in                                                                      
     the second  degree if, with  intent to harass  or annoy                                                                    
     another person, that person                                                                                                
               (1)   insults, taunts, or  challenges another                                                                    
     person  in  a manner  likely  to  provoke an  immediate                                                                    
     violent response;                                                                                                          
               (2)     telephones   another  and   fails  to                                                                    
     terminate  the connection  with  intent  to impair  the                                                                    
     ability of  that person to  place or  receive telephone                                                                    
     calls;                                                                                                                     
               (3)    makes   repeated  telephone  calls  at                                                                    
     extremely inconvenient hours;                                                                                              
               (4)  makes an  anonymous or obscene telephone                                                                    
     call,  an   obscene  electronic  communication,   or  a                                                                    
     telephone   call  or   electronic  communication   that                                                                    
     threatens physical injury or sexual contact;                                                                               
               (5)   subjects  another  person to  offensive                                                                    
     physical contact;                                                                                                          
               (6)    except  as provided  in  AS 11.61.116,                                                                    
     publishes   or   distributes  electronic   or   printed                                                                    
     photographs,   pictures,  or   films   that  show   the                                                                    
     genitals, anus,  or female breast  of the  other person                                                                    
     or show that person engaged in a sexual act; [OR]                                                                          
               (7)     repeatedly  sends  or   publishes  an                                                                    
     electronic   communication    that   insults,   taunts,                                                                    
     challenges, or  intimidates a person under  18 years of                                                                    
      age in a manner that places the person in reasonable                                                                      
     fear of physical injury; or                                                                                            
               (8)  under circumstances not proscribed                                                                      
     under  AS 11.41.455 or  AS 11.61.125, repeatedly  sends                                                                
     to   another   person,    publishes,   or   distributes                                                                
     electronic or  printed photographs, pictures,  or films                                                                
     that show the genitals of any person."                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                              
     Page 39, following line 28:                                                                                                
     Insert a new paragraph to read:                                                                                            
               "(26)  AS 11.61.120(a), as amended by sec.                                                                       
     26 of this Act;"                                                                                                           
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 39, line 29:                                                                                                          
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1:33:31 PM                                                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE STUTES  explained that  Amendment 3  addresses the                                                               
conduct of repeatedly sending unsolicited  and unwanted images of                                                               
genitalia to another person.  She  said Amendment 3 would make it                                                               
harassment  in the  second degree,  a class  B misdemeanor.   She                                                               
said this is a provision that  was taken from the governors  bill                                                               
related to sexual offenses.                                                                                                     
                                                                                                                                
1:34:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked  how this provision came  to be part                                                               
of the governor's crime package.                                                                                                
                                                                                                                                
MS.  SCHROEDER  said  the  provision   would  close  a  potential                                                               
loophole in  the law.   She stated that,  in todays  age,  it has                                                               
become more common for people  to electronically send such photos                                                               
to  each  other.    She  referenced a  case  in  which  a  person                                                               
repeatedly sent  images of  genitalia after  having been  told to                                                               
stop.   She characterized the  conduct as offensive  and remarked                                                               
that DOL  did not  have the tools  to address it.   She  said the                                                               
provision  contained   within  Amendment   3  would   close  that                                                               
loophole.                                                                                                                       
                                                                                                                                
1:35:07 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN withdrew  his objection.   There  being no  further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
1:35:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES moved to adopt Amendment 4, labeled 31-                                                                   
GH1029\M.2, Radford, 4/28/29, which read:                                                                                       
                                                                                                                                
     Page 22, line 25, through page 23, line 1:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 40, line 6:                                                                                                           
          Delete "Act;"                                                                                                         
          Insert "Act."                                                                                                         
                                                                                                                                
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          Delete all material.                                                                                                  
                                                                                                                                
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1:35:21 PM                                                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE STUTES  explained that Amendment 4  also addresses                                                               
a drafting error.   She said it would remove  section 40 from the                                                               
bill because  the bill  no longer has  provisions related  to the                                                               
viewing or production of an indecent picture.                                                                                   
                                                                                                                                
CHAIR CLAMAN withdrew his objection.  There being no further                                                                    
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
1:35:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES moved to adopt Amendment 5, labeled 31-                                                                   
GH1029\M.10, Radford, 4/29/29, which read:                                                                                      
                                                                                                                                
     Page 21, following line 5:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 37. AS 12.55.125(i) is amended to read:                                                                     
          (i)  A defendant convicted of                                                                                         
               (1)  sexual assault in the first degree,                                                                         
     sexual abuse  of a  minor in the  first degree,  or sex                                                                    
     trafficking     in    the     first    degree     under                                                                    
     AS 11.66.110(a)(2) may be sentenced  to a definite term                                                                    
     of imprisonment of not more  than 99 years and shall be                                                                    
     sentenced  to  a  definite term  within  the  following                                                                    
     presumptive ranges,  subject to adjustment  as provided                                                                    
     in AS 12.55.155 - 12.55.175:                                                                                               
               (A)  if the offense is a first felony                                                                            
     conviction, the offense  does not involve circumstances                                                                    
     described in (B) of this paragraph, and the victim was                                                                     
               (i)  less than 13 years of age, 25 to 35                                                                         
     years;                                                                                                                     
               (ii)  13 years of age or older, 20 to 30                                                                         
     years;                                                                                                                     
               (B)  if the offense is a first felony                                                                            
     conviction and the defendant  possessed a firearm, used                                                                    
     a  dangerous  instrument,  or caused  serious  physical                                                                    
     injury during the  commission of the offense,  25 to 35                                                                    
     years;                                                                                                                     
               (C)    if  the offense  is  a  second  felony                                                                    
     conviction   and   does   not   involve   circumstances                                                                    
     described in (D) of this paragraph, 30 to 40 years;                                                                        
               (D)    if  the offense  is  a  second  felony                                                                    
     conviction  and the  defendant has  a prior  conviction                                                                    
     for a sexual felony, 35 to 45 years;                                                                                       
               (E)    if  the  offense  is  a  third  felony                                                                    
     conviction  and   the  defendant  is  not   subject  to                                                                    
     sentencing under (F)  of this paragraph or  (l) of this                                                                    
     section, 40 to 60 years;                                                                                                   
               (F)    if  the  offense  is  a  third  felony                                                                    
     conviction, the defendant is  not subject to sentencing                                                                    
     under (l)  of this section,  and the defendant  has two                                                                    
     prior convictions for sexual felonies, 99 years;                                                                           
               (2)   unlawful exploitation of a  minor under                                                                    
     AS 11.41.455(c)(2),  [ONLINE]  enticement  of  a  minor                                                                    
     under  AS 11.41.452(e),  or   attempt,  conspiracy,  or                                                                    
     solicitation  to commit  sexual  assault  in the  first                                                                    
     degree, sexual  abuse of a  minor in the  first degree,                                                                    
     or   sex  trafficking   in  the   first  degree   under                                                                    
     AS 11.66.110(a)(2) may be sentenced  to a definite term                                                                    
     of imprisonment of not more  than 99 years and shall be                                                                    
     sentenced  to  a  definite term  within  the  following                                                                    
     presumptive ranges,  subject to adjustment  as provided                                                                    
     in AS 12.55.155 - 12.55.175:                                                                                               
               (A)    if  the  offense  is  a  first  felony                                                                    
     conviction, the offense  does not involve circumstances                                                                    
     described in (B) of this paragraph, and the victim was                                                                     
               (i)  under 13 years of age, 20 to 30 years;                                                                      
               (ii)   13  years of  age or  older, 15  to 30                                                                    
     years;                                                                                                                     
               (B)    if  the  offense  is  a  first  felony                                                                    
     conviction and the defendant  possessed a firearm, used                                                                    
     a  dangerous  instrument,  or caused  serious  physical                                                                    
     injury during the  commission of the offense,  25 to 35                                                                    
     years;                                                                                                                     
               (C)    if  the offense  is  a  second  felony                                                                    
     conviction   and   does   not   involve   circumstances                                                                    
     described in (D) of this paragraph, 25 to 35 years;                                                                        
               (D)    if  the offense  is  a  second  felony                                                                    
     conviction  and the  defendant has  a prior  conviction                                                                    
     for a sexual felony, 30 to 40 years;                                                                                       
               (E)    if  the  offense  is  a  third  felony                                                                    
     conviction, the offense  does not involve circumstances                                                                    
     described in  (F) of this paragraph,  and the defendant                                                                    
     is  not  subject  to  sentencing   under  (l)  of  this                                                                    
     section, 35 to 50 years;                                                                                                   
               (F)    if  the  offense  is  a  third  felony                                                                    
     conviction, the defendant is  not subject to sentencing                                                                    
     under (l)  of this section,  and the defendant  has two                                                                    
     prior convictions for sexual felonies, 99 years;                                                                           
               (3)   sexual  assault in  the second  degree,                                                                    
     sexual abuse of a minor  in the second degree, [ONLINE]                                                                    
     enticement of  a minor under  AS 11.41.452(d), unlawful                                                                    
     exploitation  of a  minor under  AS 11.41.455(c)(1), or                                                                    
     distribution     of     child     pornography     under                                                                    
     AS 11.61.125(e)(2) may be sentenced  to a definite term                                                                    
     of imprisonment of not more  than 99 years and shall be                                                                    
     sentenced  to  a  definite term  within  the  following                                                                    
     presumptive ranges,  subject to adjustment  as provided                                                                    
     in AS 12.55.155 - 12.55.175:                                                                                               
               (A)    if  the  offense  is  a  first  felony                                                                    
     conviction, five to 15 years;                                                                                              
               (B)    if  the offense  is  a  second  felony                                                                    
     conviction   and   does   not   involve   circumstances                                                                    
     described in (C) of this paragraph, 10 to 25 years;                                                                        
               (C)    if  the offense  is  a  second  felony                                                                    
     conviction  and the  defendant has  a prior  conviction                                                                    
     for a sexual felony, 15 to 30 years;                                                                                       
               (D)    if  the  offense  is  a  third  felony                                                                    
     conviction   and   does   not   involve   circumstances                                                                    
     described in (E) of this paragraph, 20 to 35 years;                                                                        
               (E)    if  the  offense  is  a  third  felony                                                                    
     conviction and the defendant  has two prior convictions                                                                    
     for sexual felonies, 99 years;                                                                                             
               (4)   sexual  assault  in  the third  degree,                                                                    
     incest,   indecent  exposure   in  the   first  degree,                                                                    
     possession of child  pornography, distribution of child                                                                    
     pornography   under  AS 11.61.125(e)(1),   or  attempt,                                                                    
     conspiracy,  or solicitation  to commit  sexual assault                                                                    
     in the  second degree, sexual  abuse of a minor  in the                                                                    
     second  degree, unlawful  exploitation of  a minor,  or                                                                    
     distribution of child pornography,  may be sentenced to                                                                    
     a definite  term of  imprisonment of  not more  than 99                                                                    
     years and shall be sentenced  to a definite term within                                                                    
     the   following   presumptive    ranges,   subject   to                                                                    
     adjustment as provided in AS 12.55.155 - 12.55.175:                                                                        
               (A)    if  the  offense  is  a  first  felony                                                                    
     conviction, two to 12 years;                                                                                               
               (B)    if  the offense  is  a  second  felony                                                                    
     conviction   and   does   not   involve   circumstances                                                                    
     described in (C) of this paragraph, eight to 15 years;                                                                     
               (C)  if the offense is a second felony                                                                           
     conviction  and the  defendant has  a prior  conviction                                                                    
     for a sexual felony, 12 to 20 years;                                                                                       
               (D)  if the offense is a third felony                                                                            
     conviction   and   does   not   involve   circumstances                                                                    
     described in (E) of this paragraph, 15 to 25 years;                                                                        
               (E)  if the offense is a third felony                                                                            
     conviction and the defendant  has two prior convictions                                                                    
     for sexual felonies, 99 years."                                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 22, following line 24:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 41. AS 12.55.185(10) is amended to read:                                                                    
               (10)  "most serious felony" means                                                                                
               (A)  arson in the first degree, sex                                                                              
     trafficking     in    the     first    degree     under                                                                    
     AS 11.66.110(a)(2),  [ONLINE]  enticement  of  a  minor                                                                    
     under AS 11.41.452(e),  or any unclassified or  class A                                                                    
     felony prescribed under AS 11.41; or                                                                                       
               (B)  an attempt, or conspiracy to commit, or                                                                     
     criminal   solicitation  under   AS 11.31.110  of,   an                                                                    
     unclassified felony prescribed under AS 11.41;"                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 22, line 31:                                                                                                          
          Delete "online"                                                                                                       
          Insert "[ONLINE]"                                                                                                     
                                                                                                                                
     Page 40, line 7:                                                                                                           
          Delete "sec. 40"                                                                                                      
          Insert "sec. 42"                                                                                                      
                                                                                                                                
     Page 40, line 12:                                                                                                          
          Delete "sec. 37"                                                                                                      
          Insert "sec. 38"                                                                                                      
                                                                                                                                
     Page 40, line 13:                                                                                                          
          Delete "sec. 38"                                                                                                      
          Insert "sec. 39"                                                                                                      
                                                                                                                                
     Page 40, line 14:                                                                                                          
          Delete "sec. 39"                                                                                                      
          Insert "sec. 40"                                                                                                      
                                                                                                                                
     Page 40, line 15:                                                                                                          
          Delete "sec. 48"                                                                                                      
          Insert "sec. 50"                                                                                                      
                                                                                                                                
     Page 40, line 16:                                                                                                          
          Delete "sec. 49 "                                                                                                     
          Insert "sec. 51"                                                                                                      
                                                                                                                                
     Page 40, line 19:                                                                                                          
          Delete "sec. 42"                                                                                                      
          Insert "sec. 44"                                                                                                      
                                                                                                                                
     Page 40, line 20:                                                                                                          
          Delete "sec. 43"                                                                                                      
          Insert "sec. 45"                                                                                                      
                                                                                                                                
     Page 40, line 21:                                                                                                          
          Delete "sec. 44"                                                                                                      
          Insert "sec. 46"                                                                                                      
                                                                                                                                
     Page 40, line 22:                                                                                                          
          Delete "sec. 45"                                                                                                      
          Insert "sec. 47"                                                                                                      
                                                                                                                                
     Page 40, line 27:                                                                                                          
          Delete "sec. 52"                                                                                                      
          Insert "sec. 54"                                                                                                      
                                                                                                                                
     Page 41, line 1:                                                                                                           
          Delete "Section 62"                                                                                                   
          Insert "Section 64"                                                                                                   
          Delete "sec. 62"                                                                                                      
          Insert "sec. 64"                                                                                                      
                                                                                                                                
1:35:59 PM                                                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE STUTES  explained that Amendment 5  also addresses                                                               
a  drafting error.    She  said the  word   online   needs to  be                                                               
removed from the sex felonies  sentencing statutes and the sexual                                                               
felony statute.                                                                                                                 
                                                                                                                                
CHAIR CLAMAN noted that the drafters sought to remove all                                                                       
instances of online, but had missed a few.                                                                                      
                                                                                                                                
1:36:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  noted that  Amendment 5  would add  a new                                                               
section   section 37   to the bill.   He asked if the new section                                                               
would be replacing something from the original bill.                                                                            
                                                                                                                                
1:36:48 PM                                                                                                                      
                                                                                                                                
The committee took an at-ease from 1:37 p.m. to 1:38 p.m.                                                                       
                                                                                                                                
1:38:11 PM                                                                                                                      
                                                                                                                                
CHAIR CLAMAN pointed to section 5  of Version M, noting the crime                                                               
referenced therein  would go from  being  online enticement  of a                                                               
minor   to  just  enticement  of  a  minor.     He spoke  to  the                                                               
intention  of  removing   online    from  that  provision  of  AS                                                               
11.41.452(d).   He said  the Office of  the Attorney  General had                                                               
looked through  the bill and  identified three  additional places                                                               
where  the drafters  had not  removed   online.    He noted  that                                                               
Amendment  5 addresses  those additional  instances of  the word.                                                               
He asked Ms. Schroeder to further explain.                                                                                      
                                                                                                                                
1:39:25 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER explained that Version  M deletes the word  online                                                                
from the  crime of online  enticement such that  any solicitation                                                               
of a  minor, regardless  of whether  or not  a computer  is used,                                                               
would be criminalized.   Se remarked that, to that  end, a number                                                               
of  conforming adjustments  need to  be made  to the  sex offense                                                               
sentencing statute, which she identified  as located on page 1 of                                                               
Amendment 5.   She said the new section to  be inserted   section                                                               
37   would  remove the word  online  from  AS 12.55.125(i)(2) and                                                               
AS  12.55.125(i)(3).   She  added that  the  definition of   most                                                               
serious felony  includes online  enticement, so the word  online                                                                
needs to be  deleted there as well.  She  identified the location                                                               
of the  relevant language on page  4 of the amendment  in lines 5                                                               
through 13.   She said the  language on page 4,  lines 17 through                                                               
19 would delete online from the definition of sexual felony.                                                                    
                                                                                                                                
1:41:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if, by removing  the word "online,"                                                               
the committee  would be broadening  the criminal offense  so that                                                               
it  would  encompass   online  occurrences  without  specifically                                                               
mentioning them.                                                                                                                
                                                                                                                                
MS.  SCHROEDER   answered,  "That  is  exactly   correct."    She                                                               
clarified that the current law requires  the use of a computer to                                                               
facilitate  the solicitation.   She  noted that  solicitation can                                                               
easily happen  in person or through  a note, so it  does not make                                                               
sense  to  restrict  that  conduct  to  just  a  computer.    She                                                               
explained that  Amendment 5 would  broaden the offense  and allow                                                               
for criminal penalties to address that solicitation.                                                                            
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  how  this  type  of  behavior  is                                                               
currently addressed  and would be  addressed if Amendment  5 were                                                               
not adopted.                                                                                                                    
                                                                                                                                
                                                                                                                                
MS. SCHROEDER responded  that the change to  the criminal offense                                                               
is  already  included  in  Version  M.   She  said  it  would  be                                                               
confusing  for  practitioners  if  Amendment  5  is  not  adopted                                                               
because  the  State  of  Alaska  (SOA) would  have  a  crime  for                                                               
enticement  of  a  minor  but  would  not  have  a  corresponding                                                               
sentencing  statute.   She said  the sentence  for a  sex offense                                                               
includes the  name of the  statute and  the penalties.   She said                                                               
DOL  would have  to litigate  that and  may lose.   She  said the                                                               
cleanup amendments are necessary.                                                                                               
                                                                                                                                
1:43:09 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN removed  his  objection.   There  being no  further                                                               
objection, Amendment 5 was adopted.                                                                                             
                                                                                                                                
1:43:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES moved  to adopt  Amendment 6,  labeled 31-                                                               
GH1029\M.5, Radford, 4/28/29, which read:                                                                                       
                                                                                                                                
     Page 1, line 5:                                                                                                            
          Delete "relating to a pretrial risk assessment                                                                      
     instrument;"                                                                                                             
                                                                                                                                
     Page 29, line 27, through page 31, line 19:                                                                                
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 40, line 27:                                                                                                          
          Delete "sec. 52"                                                                                                      
          Insert "sec. 51"                                                                                                      
                                                                                                                                
     Page 41, line 1:                                                                                                           
          Delete "Section 62"                                                                                                   
          Insert "Section 60"                                                                                                   
          Delete "sec. 62"                                                                                                      
          Insert "sec. 60"                                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE  STUTES explained  that Amendment  6 would  remove                                                               
sections  50  and  51,  which would  require  the  pretrial  risk                                                               
assessment tool to be verified by peer review.                                                                                  
                                                                                                                                
CHAIR  CLAMAN noted  that there  was  unexpected confusion  about                                                               
those provisions.  He noted as  well that they had initially been                                                               
added to HB  145 via an amendment and  were subsequently included                                                               
in Version M of HB 49.                                                                                                          
                                                                                                                                
1:43:59 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel,  Alaska  Court System,  explained                                                               
that  the  provisions would  create  an  unwanted anomaly.    She                                                               
explained that the  current language of the  bill stipulates that                                                               
the pretrial risk  assessment tool must go  through certain steps                                                               
before it  can be  adopted.   She said the  current tool  has not                                                               
gone  through those  steps and  thus,  should HB  49 become  law,                                                               
would  be incompliant  with statute  and not  usable.   She noted                                                               
that there  are other provisions in  law that require the  use of                                                               
the tool to help set bail.  She  said the issue with Version M is                                                               
that it  would create a lot  of gaps.  She  further explained the                                                               
anomaly of being required by statute  to use a tool that has been                                                               
rendered unusable  by other statutes.   She said such  a scenario                                                               
would put the Alaska Court System in a difficult position.                                                                      
                                                                                                                                
1:45:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked,   If  we have  a  tool  that  has                                                               
problems and is  not peer reviewed, should we be  using it in the                                                               
first place?                                                                                                                    
                                                                                                                                
MS.  MEADE said  that question  assumes  things that  she is  not                                                               
prepared to address.   She stated,  There is a  tool, it has been                                                               
approved by  the commissioner, and  we are  using it.    She said                                                               
she is  merely addressing the potential  complications that would                                                               
result if Amendment 6 is not adopted and HB 49 becomes law.                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN   asked  how  the  Alaska   Court  System                                                               
believes this issue should be addressed.                                                                                        
                                                                                                                                
MS.  MEADE answered  that the  Alaska Court  System leaves  those                                                               
decisions to the legislature.                                                                                                   
                                                                                                                                
1:46:16 PM                                                                                                                      
                                                                                                                                
CHAIR CLAMAN  noted that  he has  spoken to  Representative Shaw,                                                               
who  made  and  moved  the original  amendment  containing  these                                                               
provisions.  He  said he suggested some fine-tuning  and that the                                                               
provisions  be encompassed  in their  own independent  bill.   He                                                               
said  he would  support an  effort to  appropriately ensure  peer                                                               
review is part of the process going forward.                                                                                    
                                                                                                                                
MS.  MEADE  noted  that  the   tool  is  currently  undergoing  a                                                               
revalidation  process  by  the  University  of  Alaska  Anchorage                                                               
(UAA).   She said  that process will  determine whether  the tool                                                               
needs changing,  and that  it takes  into consideration  both the                                                               
data used  to create the  tool and  the data collected  since its                                                               
first use.  She  remarked that she is not sure  how far along the                                                               
process is  but noted that  revalidation and  recommendations for                                                               
changes would be coming in the summer.                                                                                          
                                                                                                                                
1:47:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL asked  for  more information  about how  the                                                               
peer review would work.                                                                                                         
                                                                                                                                
CHAIR CLAMAN  said the original  amendment mandating  peer review                                                               
of the  pretrial risk assessment tool  was adopted to HB  145 and                                                               
then  became part  of Version  M  of HB  49.   He explained  that                                                               
Amendment 6  would remove  those provisions from  Version M.   He                                                               
noted  that   he  was  informed   by  representatives   from  the                                                               
Department of Corrections that further  revalidations of the tool                                                               
will occur  every three  years.   He said the  goal is  to ensure                                                               
there are  statutes mandating peer  review of the process  by the                                                               
next revalidation in three years.                                                                                               
                                                                                                                                
REPRESENTATIVE  WOOL  suggested  that Amendment  6  would  remove                                                               
those  provisions   because  they  would  be   inconsistent  with                                                               
practicable activities.                                                                                                         
                                                                                                                                
MS. MEADE answered yes.                                                                                                         
                                                                                                                                
1:49:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  for an  explanation of  peer review                                                               
within the context of the revalidation.   She asked who the peers                                                               
of the UAA academics would be.                                                                                                  
                                                                                                                                
CHAIR CLAMAN offered  a typical example of  peer review involving                                                               
a  hypothetical   doctor  who  submits  an   article  about  knee                                                               
replacements to a journal, which  in turn distributes the article                                                               
to be  reviewed and responded to  by other academics in  the same                                                               
field  with similar  expertise.   He  said the  provisions to  be                                                               
removed by Amendment 6 would  have mandated that the revalidation                                                               
of  the  pretrial  risk  assessment   tool  include  feedback  by                                                               
academics beyond UAA.                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX asked for  confirmation that, without these                                                               
provisions  or a  separate individual  bill  containing the  same                                                               
provisions, there would be no  process UAAs  revalidation results                                                               
to be sent to prosecutors and defense attorneys.                                                                                
                                                                                                                                
CHAIR CLAMAN said that is different from peer review.                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX asked, Who are the peers?                                                                                 
                                                                                                                                
CHAIR  CLAMAN said  the peers  would  be other  academics with  a                                                               
background and expertise  in the field of  risk assessment tools.                                                               
He said the intent would be for  them to look at the work done by                                                               
UAA and compare it with the work  done in other states.  He added                                                               
that UAA got the bid for  doing the validation and its process is                                                               
in place.   He said he has  talked with DOC about  whether it may                                                               
be able  to add to that  proposal and get the  UAA analysis peer-                                                               
reviewed before finalization.   He said that was not  part of the                                                               
initial bid and whether DOC can mandate it is an open question.                                                                 
                                                                                                                                
1:52:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  said peer  review for doctors  makes sense                                                               
because there are  many doctors working on  the university level.                                                               
She remarked that  peer review in the context of  a pretrial risk                                                               
assessment tool should involve people  who are more involved with                                                               
its use than academics.                                                                                                         
                                                                                                                                
REPRESENTATIVE KOPP  drew attention to  section 51 on page  30 of                                                               
Version M.   He said  the language therein describes  peer review                                                               
and identifies the DOC commissioner  as the person who determines                                                               
who is  technically qualified to  assess the tool.   He explained                                                               
that  the process  being disputed  is defined  explicitly in  the                                                               
language of the bill.                                                                                                           
                                                                                                                                
1:53:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked,   How  long  do  we  expect  this                                                               
process of  peer review  to take  to where  [sections 50  and 51]                                                               
would be helpful?                                                                                                               
                                                                                                                                
CHAIR CLAMAN  said the last  he heard  was that UAA  predicts the                                                               
revalidation process  will be completed by  the end of June.   He                                                               
stated  that  HB  49  would  become law  on  July  1,  after  the                                                               
revalidation process is completed.   He restated that the goal is                                                               
to bring the  issue back up later and have  peer review standards                                                               
in place for  the next assessment in three years.   He noted that                                                               
DOC could conceivably do another  assessment before then but that                                                               
would raise questions of cost and best practices.                                                                               
                                                                                                                                
REPRESENTATIVE EASTMAN  asked,  Do I  understand then that  if we                                                               
adopt this amendment,  there wont  be peer review for  as much as                                                               
three years?                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  said he thinks Representative  Eastman is confusing                                                               
peer review  with revalidation.   He said  that, right  now, peer                                                               
review  is  not  possible  without something  for  the  peers  to                                                               
review.  He said the next time  to do peer review of a validation                                                               
would be  the next  time DOC  chooses to do  a revalidation.   He                                                               
added that  whether that happens next  year or in three  years is                                                               
up to DOC.                                                                                                                      
                                                                                                                                
1:55:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  asked if it  is possible to put  a different                                                               
effective date on that section of the bill.                                                                                     
                                                                                                                                
CHAIR CLAMAN answered  that there is a lot of  interest in moving                                                               
the bill forward.   He compared the matter of  peer review to the                                                               
matter of the crime of  viewing or producing an indecent picture,                                                               
noting that the  more the committee explored the  issue, the more                                                               
confusing it became.   He said the committee could  delay HB 49 a                                                               
few days  and attempt to  create language to solve  those issues,                                                               
but that would not align with the intention to move it quickly.                                                                 
                                                                                                                                
REPRESENTATIVE KOPP said he understands  then that it is a matter                                                               
of drafting time rather than the merits of peer review.                                                                         
                                                                                                                                
CHAIR CLAMAN  said he is  a supporter  of peer review  but thinks                                                               
the provisions are not yet ready to become law.                                                                                 
                                                                                                                                
1:57:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN proposed and  moved Conceptual Amendment 1                                                               
to Amendment 6.  He said  the conceptual amendment would, in lieu                                                               
of removing  the language  in section 51,  add an  effective date                                                               
for that  portion of the  bill at 18  months from enactment.   He                                                               
said that would allow time for revalidation and peer review.                                                                    
                                                                                                                                
CHAIR CLAMAN  objected.   He said  that there  is more  work that                                                               
needs to be done to really make the provisions make sense.                                                                      
                                                                                                                                
REPRESENTATIVE  STUTES asked  for Representative  Shaw's thoughts                                                               
given that the provisions in  question were originally part of an                                                               
amendment he made.                                                                                                              
                                                                                                                                
REPRESENTATIVE  SHAW  stated that  he  has  no problem  with  the                                                               
changes.    He mentioned  that  he  believes  the intent  of  the                                                               
language can be better realized at a later time.                                                                                
                                                                                                                                
REPRESENTATIVE  STUTES asked  for  confirmation  that he  opposes                                                               
Conceptual Amendment 1 to Amendment 6.                                                                                          
                                                                                                                                
REPRESENTATIVE SHAW answered yes.                                                                                               
                                                                                                                                
1:59:03 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative Eastman  voted in                                                               
favor  of  adopting  Conceptual   Amendment  1  to  Amendment  6.                                                               
Representatives  Shaw, Kopp,  Stutes,  LeDoux,  Wool, and  Claman                                                               
voted  against   it.    Therefore,  Conceptual   Amendment  1  to                                                               
Amendment 6 was not adopted by a vote of 1-6.                                                                                   
                                                                                                                                
1:59:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN said  he opposes Amendment 6.   He said it                                                               
is clear  to him that  the current pretrial risk  assessment tool                                                               
is broken.  He remarked that he  was glad to see that peer review                                                               
would  be  added  to  the revalidation  process.    He  expressed                                                               
concern  that  those  provisions  would be  removed  without  any                                                               
guarantee that they  will be reintroduced in a  different form in                                                               
the future.  He said SOA would continue to use a broken tool.                                                                   
                                                                                                                                
2:00:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WOOL  recalled   hearing   testimony  from   UAA                                                               
representatives  about the  pretrial  risk assessment  tool.   He                                                               
said  he does  not  agree the  system  is broken.    He said  the                                                               
representatives  presented  data  indicating good  results.    He                                                               
noted that  some of the  data presented was inconclusive  and the                                                               
UAA  representatives are  awaiting  other results.   He  remarked                                                               
that  the pretrial  risk assessment  tool  removed the  financial                                                               
component from determining bail.                                                                                                
                                                                                                                                
2:01:23 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN removed his objection to adopting Amendment 6.                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Kopp,  Stutes,                                                               
LeDoux,  Wool,  Shaw,  and  Claman voted  in  favor  of  adopting                                                               
Amendment   6.     Representative  Eastman   voted  against   it.                                                               
Therefore, Amendment 6 was adopted by a vote of 6-1.                                                                            
                                                                                                                                
2:02:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  moved to  adopt  Amendment  7, labeled  31-                                                               
GH1029\M.9, Radford, 4/28/29, which read:                                                                                       
                                                                                                                                
     Page 38, lines 29 - 30:                                                                                                    
          Delete all material and insert:                                                                                       
          "* Sec. 63. AS 11.46.980(d), 11.46.982; and                                                                       
     AS 12.55.135(l) are repealed."                                                                                             
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE SHAW  explained that  Amendment 7 would  repeal AS                                                               
12.55.135(l), which  limits jail  time for  first-,  second-, and                                                               
third-degree  individuals   convicted  of  theft  in  the  fourth                                                               
degree and  similar offenses  to 5  days, 10  days, and  15 days,                                                               
respectively.     He  said  this   repeal  would   subject  those                                                               
individuals to the maximum penalty in statute.                                                                                  
                                                                                                                                
CHAIR  CLAMAN  noted  that  Amendment  7  would  also  repeal  AS                                                               
11.46.980(d)  and  AS  11  46.982,   which  relate  to  inflation                                                               
adjustments, which  were portions of  the bill that  were removed                                                               
elsewhere.                                                                                                                      
                                                                                                                                
2:03:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  commented  that   Amendment  7  appears  to                                                               
address  an  important  oversight  because  the  statutes  to  be                                                               
repealed all relate to recidivism  and are subject to an enhanced                                                               
penalty.  He  said he appreciates the maker of  the amendment for                                                               
catching that  oversight and  remarked,  You  can never  have too                                                               
many eyes go over these statutes.                                                                                               
                                                                                                                                
2:03:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked for DOLs opinion on Amendment 7.                                                                   
                                                                                                                                
MS. SCHROEDER said DOL views  Amendment 7 as a cleanup amendment.                                                               
She said there are parts of  the bill that would not work without                                                               
it.                                                                                                                             
                                                                                                                                
2:04:26 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN withdrew  his objection.   There  being no  further                                                               
objection, Amendment 7 was adopted.                                                                                             
                                                                                                                                
2:04:36 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 2:05 p.m.                                                                                 
                                                                                                                                
2:05:03 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that DOL  had communicated a concern  about a                                                               
drafting  error relating  to  the possession  of  marijuana.   He                                                               
asked for confirmation that the issue has been resolved.                                                                        
                                                                                                                                
MS. SCHROEDER answered yes; Amendment  7 resolves the issue.  She                                                               
explained that the drafting error  would have legalized marijuana                                                               
for everyone, even those under the age of 21.                                                                                   
                                                                                                                                
CHAIR CLAMAN said that by  dealing with the issue, marijuana will                                                               
be treated like alcohol.                                                                                                        
                                                                                                                                
MS. SCHROEDER said yes.                                                                                                         
                                                                                                                                
2:05:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  asked if it is  still a felony for  a person                                                               
over the age of 21 to possess marijuana on school grounds.                                                                      
                                                                                                                                
MS. SCHROEDER answered yes.                                                                                                     
                                                                                                                                
REPRESENTATIVE  WOOL   said  that  conflicts  with   the  earlier                                                               
statement that marijuana would be treated like alcohol.                                                                         
                                                                                                                                
MS. SCHROEDER confirmed that marijuana  is treated differently in                                                               
that case.   She clarified that marijuana is  not treated exactly                                                               
like alcohol  in Alaska  as it is  still a  controlled substance.                                                               
She said  it is  not a  crime to  act within  the confines  of AS                                                               
17.38 but it is a crime to act outside of it.                                                                                   
                                                                                                                                
2:07:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX stated  that if Version M is  the sum total                                                               
of provisions  addressing Senate Bill  91 [passed in  the Twenty-                                                               
Ninth  Alaska State  Legislature],  then she  cannot support  it.                                                               
She  expressed hope  that the  bill would  be amended  in another                                                               
committee  and will  therefore  vote  to move  Version  M out  of                                                               
committee.                                                                                                                      
                                                                                                                                
2:07:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  moved to report Version  31-GH1029\M of HB                                                               
49, as amended, out of  committee with individual recommendations                                                               
and attached fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
A roll call vote was  taken.  Representatives Shaw, Kopp, Stutes,                                                               
LeDoux, Wool,  and Claman voted in  favor of moving the  bill out                                                               
of  committee.     Representative   Eastman  voted   against  it.                                                               
Therefore, CSHB 49(JUD)  was reported out of  the House Judiciary                                                               
Standing Committee by a vote of 6-1.                                                                                            

Document Name Date/Time Subjects
HB049 Work Draft Committee Substitute ver M 4.27.19.pdf HJUD 4/27/2019 1:00:00 PM
HJUD 4/29/2019 1:00:00 PM
HB 49
HB049 Sectional Analysis ver M (Prepared by the House Judiciary Committee) 4.29.19.pdf HJUD 4/29/2019 1:00:00 PM
HB 49
HB049 Amendments #1-7 4.29.19.pdf HJUD 4/29/2019 1:00:00 PM
HB 49
HB049 Amendments #1-7 HJUD Final Votes 4.29.19.pdf HJUD 4/29/2019 1:00:00 PM
HB 49