Legislature(2017 - 2018)GRUENBERG 120

05/13/2017 09:30 AM RULES

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Audio Topic
09:30:30 AM Start
09:31:21 AM SB55
09:40:51 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 55 OMNIBUS CRIME/CORRECTIONS TELECONFERENCED
Moved HCS CSSB 55(RLS) Out of Committee
                SB 55-OMNIBUS CRIME/CORRECTIONS                                                                             
                                                                                                                                
[Contains discussion of SB 91 and SB 54.]                                                                                       
                                                                                                                                
9:31:21 AM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the only order of  business would be                                                               
CS FOR SENATE BILL NO. 55(FIN),  "An Act relating to criminal law                                                               
and  procedure; relating  to controlled  substances; relating  to                                                               
sentencing;   relating   to   protective  orders;   relating   to                                                               
restitution;  relating to  the period  of probation;  relating to                                                               
revocation,    termination,    suspension,    cancellation,    or                                                               
restoration of  a driver's license; relating  to parole; relating                                                               
to  the  duties   of  the  Department  of   Corrections  and  the                                                               
Department of  Health and Social  Services; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
9:31:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN   moved  to   adopt  the   proposed  House                                                               
committee  substitute   (HCS)  for  CSSB  55(FIN),   Version  30-                                                               
LS0119\G,  Martin, 5/12/17,  as a  work  draft.   There being  no                                                               
objection, Version G was before the committee.                                                                                  
                                                                                                                                
9:32:00 AM                                                                                                                    
                                                                                                                                
COURTNEY ENRIGHT, Staff,  Representative Gabrielle LeDoux, Alaska                                                               
State Legislature,  explained the changes  that would be  made to                                                               
SB 55 under  the proposed House committee substitute.   The first                                                               
substantive change  would be to add  a new Section 28  to require                                                               
an inventory  and report on  untested sexual  assault examination                                                               
kits, wherein  the inventory  must be  completed by  September 1,                                                               
2017, with a report and plan  to address the untested kit backlog                                                               
transmitted to the  legislature by November 1, 2017.   The second                                                               
change would  be the addition of  new sections 4, 5,  15, 17, 19,                                                               
20, 21, 22,  and 23 to amend conflicting  state statute regarding                                                               
the   enforcement  of   protection  orders   issued  in   another                                                               
jurisdiction, such as  a state, territory, or tribal  court.  She                                                               
explained that  these changes would bring  Alaska into compliance                                                               
with the federal Violence Against Women Act.                                                                                    
                                                                                                                                
9:32:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked Ms.  Enright  to  explain how  the                                                               
proposed legislation  would relate to "previous  legislation that                                                               
was passed before the House dealing  with the federal law and the                                                               
violation against women."                                                                                                       
                                                                                                                                
MS. ENRIGHT  answered, "These new  sections are identical  to the                                                               
previous legislation that's come before the House."                                                                             
                                                                                                                                
9:33:39 AM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX said  she would  entertain amendments.   She  noted                                                               
that  some  of  the  amendments  had  been  drafted  for  another                                                               
version, labeled 30-LS0119\S, Martin,  5/11/17, and she announced                                                               
that  she   was  granting  authorization  to   Legislative  Legal                                                               
Services to make any conforming  changes to any amendment drafted                                                               
for Version S.                                                                                                                  
                                                                                                                                
9:34:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN,  in response  to Chair  LeDoux, announced                                                               
that he  would not be  offering any amendments today  but instead                                                               
would "work on  a more comprehensive change to some  of the post-                                                               
SB 91 language."                                                                                                                
                                                                                                                                
[Although   Representative   Eastman's  amendments   were   never                                                               
offered, because they  would have been Amendments 1  and 2, Chair                                                               
LeDoux called the first amendment to be moved Amendment 3.]                                                                     
                                                                                                                                
9:34:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD moved to adopt Amendment 3, labeled 30-                                                                 
LS0119\G.3, Martin, 5/12/17, which read as follows:                                                                             
                                                                                                                                
     Page 7, following line 30:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 15. AS 12.55.135(b) is amended to read:                                                                     
          (b)  A defendant convicted of a class B                                                                               
     misdemeanor  may be  sentenced  to a  definite term  of                                                                    
     imprisonment of not more than                                                                                              
               (1)  10 days unless otherwise specified in                                                                       
     the provision  of law defining  the offense or  in this                                                                    
     section;                                                                                                                   
               (2)  90 days if the conviction is for a                                                                          
     violation of                                                                                                               
               (A)  AS 11.61.116(c)(1) and the person is 21                                                                     
     years of age or older; [OR]                                                                                                
               (B)  AS 11.61.120(a)(6) and the person is 21                                                                     
     years of age or older; or                                                                                              
               (C)         AS 11.46.150,    11.46.220(c)(3),                                                                
     11.46.260(b)(3),  11.46.270(b)(3), 11.46.280(d)(4),  or                                                                
     11.46.530(b)(3)."                                                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 17, line 22:                                                                                                          
          Delete all material and insert:                                                                                       
        "*  Sec. 28.    AS 12.55.135(l) and  AS 33.16.120(h)                                                                
     are repealed."                                                                                                             
                                                                                                                                
     Page 19, following line 2:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(d)  AS 12.55.135(b), as amended by sec. 15 of                                                                       
     this Act, applies to sentences  imposed on or after the                                                                    
     effective date  of sec.  15 of  this Act,  for offenses                                                                    
     committed on or after the  effective date of sec. 15 of                                                                    
     this Act."                                                                                                                 
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
     Page 19, line 3:                                                                                                           
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 19, lines 5 - 6:                                                                                                      
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 19, line 6:                                                                                                           
          Delete "sec. 23"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 19, line 16:                                                                                                          
          Delete "8 - 14, 16, 18, and 23 - 30"                                                                                  
     Insert "8 - 15, 17, 19, and 24 - 31"                                                                                       
                                                                                                                                
REPRESENTATIVE CLAMAN  objected because  he said the  language in                                                               
Amendment  3  appears to  address  matters  in  SB 54,  which  is                                                               
currently before the House State Affairs Standing Committee.                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD responded as follows:                                                                                   
                                                                                                                                
     The title is broad.   I met with [Legislative Legal and                                                                    
     Research  Services] yesterday,  and  they  said it  was                                                                    
     absolutely germane to this.   And it's something that I                                                                    
     think  is of  utmost importance,  ... regarding  staff,                                                                    
     because of the serious issues  that the state is facing                                                                    
     in our  retail stores and  our grocery stores  - people                                                                    
     are  getting   stabbed,  people  are   getting  killed,                                                                    
     because of theft  - and I think it's  something that we                                                                    
     can't wait another day to deal with.                                                                                       
                                                                                                                                
9:35:41 AM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  ruled the  proposed Amendment 3  out of  order, not                                                               
because  it is  not  germane,  but because  it  is presently  the                                                               
subject of another bill in [another] committee.                                                                                 
                                                                                                                                
REPRESENTATIVE  REINBOLD argued  that  the status  of that  other                                                               
bill is unknown and [not  addressing the issue] will put families                                                               
and children at  risk.  She said she did  "a ride along" recently                                                               
and "we were  not there a minute and there  was a theft happening                                                               
in the  store."  She  emphasized the dangerous nature  of "what's                                                               
happening ... in our communities right now."                                                                                    
                                                                                                                                
CHAIR  LEDOUX acknowledged  Representative Reinbold's  point, but                                                               
stated that  there is a  tradition in  the House of  "not rolling                                                               
committee chairs."  She upheld her ruling.                                                                                      
                                                                                                                                
9:36:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN called a point  of order to ask, "Wouldn't                                                               
it be  the case that  that would be  something to put  before the                                                               
committee for  a vote to  uphold the tradition?   Because there's                                                               
no rule that would say that that cannot be considered at this                                                                   
time."                                                                                                                          
                                                                                                                                
9:36:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX upheld her ruling but said Representative                                                                 
Reinbold has the option of appealing the ruling of the chair.                                                                   
                                                                                                                                
9:37:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD appealed the ruling of Chair LeDoux.                                                                    
                                                                                                                                
9:37:12 AM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Claman,  Stutes,                                                               
Kito, and LeDoux voted in favor  of upholding the ruling of Chair                                                               
LeDoux  that  Amendment 3  was  out  of order.    Representatives                                                               
Eastman and  Reinbold voted  against it.   Therefore,  the ruling                                                               
was upheld by a vote of 4-2.                                                                                                    
                                                                                                                                
9:37:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD moved to adopt Amendment 4, labeled 30-                                                                 
LS0119\S.4, Martin, 5/12/17, which read as follows:                                                                             
                                                                                                                                
     Page 7, following line 30:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 15. AS 12.55.125(e) is amended to read:                                                                     
          (e)  Except as provided in (i) of this section, a                                                                     
     defendant  convicted  of  a   class  C  felony  may  be                                                                    
     sentenced  to a  definite term  of imprisonment  of not                                                                    
     more  than five  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:                                                                                                                 
               (1)  if the offense is a first felony                                                                            
     conviction   and   does   not   involve   circumstances                                                                    
     described in  (4) of this subsection,  [PROBATION, WITH                                                                    
     A SUSPENDED TERM  OF IMPRISONMENT OF] zero  to one year                                                                
     [18   MONTHS];  a   defendant   sentenced  under   this                                                                    
     paragraph may,  if the court  finds it  appropriate, be                                                                    
     granted  a  suspended   imposition  of  sentence  under                                                                    
     AS 12.55.085;                                                                                                              
               (2)  if the offense is a second felony                                                                           
     conviction, one to three years;                                                                                            
               (3)  if the offense is a third felony                                                                            
     conviction, two to five years;                                                                                             
               (4)  if the offense is a first felony                                                                            
     conviction, and the defendant violated                                                                                     
               (A)  AS 08.54.720(a)(15), one to two years;                                                                      
               (B)             AS 28.35.030(n)(1)(A)      or                                                                    
     28.35.032(p)(1)(A), 120 days to 239 days;                                                                                  
               (C)             AS 28.35.030(n)(1)(B)      or                                                                    
     28.35.032(p)(1)(B), 240 days to 359 days;                                                                                  
               (D)             AS 28.35.030(n)(1)(C)      or                                                                    
     23.35.032(p)(1)(C), 360 days to two years."                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 19, following line 22:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(d)  AS 12.55.125(e), as amended by sec. 15 of                                                                       
     this Act, applies to sentences  imposed on or after the                                                                    
     effective  date of  sec. 15  of this  Act, for  conduct                                                                    
     occurring on or after the  effective date of sec. 15 of                                                                    
     this Act."                                                                                                                 
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
     Page 19, line 23:                                                                                                          
          Delete "sec. 24"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 19, lines 25 - 26:                                                                                                    
          Delete "sec. 24"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 19, line 26:                                                                                                          
          Delete "sec. 24"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 20, line 5:                                                                                                           
          Delete "16, 18, and 24 - 31"                                                                                          
     Insert "17, 19, and 25 - 32"                                                                                               
                                                                                                                                
REPRESENTATIVE CLAMAN objected because the language in Amendment                                                                
4 addresses subject matter currently being considered in SB 54                                                                  
by the House State Affairs Standing Committee.                                                                                  
                                                                                                                                
REPRESENTATIVE  REINBOLD  stated  that she  had  previously  been                                                               
ruled out  of order during  a House Judiciary  Standing Committee                                                               
meeting chaired by  Representative Claman and she  feels that she                                                               
is  being  "shut out  of  the  process."    She opined  that  the                                                               
language in  SB 91  regarding "C  felony charges"  is "absolutely                                                               
outrageous."  She offered further statements in regard to SB 91.                                                                
                                                                                                                                
CHAIR LEDOUX asked Representative  Reinbold to limit her comments                                                               
to SB 55.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  REINBOLD stated,  "Public safety  is government's                                                               
most important  mandate, and  we must address  C felonies."   She                                                               
said the topic is "completely  germane" and Legislative Legal and                                                               
Research  Services told  her it  was  "completely appropriate  to                                                               
do..."                                                                                                                          
                                                                                                                                
9:39:18 AM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX interrupted  to announce that she  ruled Amendment 4                                                               
out of order.                                                                                                                   
                                                                                                                                
9:39:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD appealed the ruling of the chair.                                                                       
                                                                                                                                
9:39:26 AM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Claman,  Stutes,                                                               
Kito, and LeDoux voted in favor  of upholding the ruling of Chair                                                               
LeDoux  that  Amendment 4  was  out  of order.    Representatives                                                               
Reinbold and  Eastman voted  against it.   Therefore,  the ruling                                                               
was upheld by a vote of 4-2.                                                                                                    
                                                                                                                                
9:40:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN moved  to report the proposed  HCS for CSSB                                                               
55(FIN), Version  30-LS0119\G, Martin, 5/12/17, out  of committee                                                               
with individual recommendations and attached fiscal notes.                                                                      
                                                                                                                                
REPRESENTATIVE REINBOLD objected.                                                                                               
                                                                                                                                
9:40:24 AM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Claman,  Stutes,                                                               
Kito,  and LeDoux  voted  in  favor of  the  motion  to move  the                                                               
proposed  HCS  for  CSSB 55(FIN),  Version  30-LS0119\G,  Martin,                                                               
5/12/17, out of committee.   Representatives Eastman and Reinbold                                                               
voted against it.   Therefore, HCS CSSB 55(RLS)  was reported out                                                               
of the House Rules Standing Committee by a vote of 4-2.                                                                         

Document Name Date/Time Subjects
HCS SB55 Version G.pdf HRLS 5/13/2017 9:30:00 AM
SB 55
HCS SB55 Version S.pdf HRLS 5/13/2017 9:30:00 AM
SB 55
HCS SB55 Sectional Analysis.pdf HRLS 5/13/2017 9:30:00 AM
SB 55
HCS SB55 Revised Sectional Analysis.pdf HRLS 5/13/2017 9:30:00 AM
SB 55
HCS SB55 Revised Explanation of Changes.pdf HRLS 5/13/2017 9:30:00 AM
SB 55
HCS SB55 Amendments.pdf HRLS 5/13/2017 9:30:00 AM
SB 55