Legislature(2019 - 2020)BUTROVICH 205

05/16/2019 11:00 AM CONFERENCE COMMITTEE ON HB49

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Audio Topic
12:04:59 PM Start
12:05:37 PM HB49
12:28:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 49 CRIMES; SENTENCING;DRUGS;THEFT; REPORTS TELECONFERENCED
Moved CCS HB 49 Out of Committee
         HB 49-CRIMES; SENTENCING;DRUGS;THEFT; REPORTS                                                                      
                                                                                                                                
12:05:37 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  were CSHB 49(FIN) am and  SCS CSHB 49(FIN)                                                               
am S.]                                                                                                                          
                                                                                                                                
12:05:56 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KOPP moved that the  Conference Committee on HB 49                                                               
adopt CSHB 49(FIN) am, as a working document.                                                                                   
                                                                                                                                
12:06:04 PM                                                                                                                   
                                                                                                                                
CHAIR HUGHES objected.                                                                                                          
                                                                                                                                
12:06:15 PM                                                                                                                   
                                                                                                                                
A roll call vote was taken.   Representatives Kopp voted in favor                                                               
of   adopting   CSHB  49(FIN)   am,   as   a  working   document.                                                               
Representatives  Pruitt  and  Claman and  Senators  Wielechowski,                                                               
Shower, and Hughes voted against it.                                                                                            
                                                                                                                                
12:06:43 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KOPP asked for a reconsideration on his vote.                                                                    
                                                                                                                                
CHAIR CLAMAN [voided the roll].                                                                                                 
                                                                                                                                
12:06:50 PM                                                                                                                   
                                                                                                                                
A roll  call vote was  taken.  Representatives Kopp,  Pruitt, and                                                               
Claman  voted against  adopting  CSHB 49(FIN)  am,  as a  working                                                               
document.    Senators  Wielechowski,  Shower,  and  Hughes  voted                                                               
against  adopting  CSHB  49(FIN)   am,  as  a  working  document.                                                               
Therefore, the  motion failed by  a vote  of 0:3 {House)  and 0:3                                                               
(Senate).                                                                                                                       
                                                                                                                                
12:07:33 PM                                                                                                                   
                                                                                                                                
CHAIR HUGHES moved  to adopt SCS CSHB 49(FIN) am  S, as a working                                                               
document.                                                                                                                       
                                                                                                                                
12:07:37 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN objected.                                                                                                 
                                                                                                                                
12:07:44 PM                                                                                                                   
                                                                                                                                
A  roll call  vote was  taken.   Representative  Pruitt voted  in                                                               
favor of the motion to adopt SCS  CSHB 49(FIN) am S, as a working                                                               
document.   Representatives  Kopp  and Claman  voted against  it.                                                               
Senators Shower and Hughes voted in  favor of the motion to adopt                                                               
SCS  CSHB  49(FIN)  am  S,   as  a  working  document.    Senator                                                               
Wielechowski voted against  it.  Therefore, the  motion failed by                                                               
a vote of 1:2 (House) and 2:1 (Senate).                                                                                         
                                                                                                                                
12:08:22 PM                                                                                                                   
                                                                                                                                
CHAIR HUGHES  moved to adopt SCS  CSHB 49(FIN) am S,  Version 31-                                                               
GH1029\R.A  [as modified  - details  follow below]  as a  working                                                               
document.    There being  no  objection,  Version R.A  [with  the                                                               
following modifications] was before the committee.                                                                              
                                                                                                                                
12:08:50 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN announced that  the Conference Committee on                                                               
HB 49  would use Version  R.A as  its working document,  with the                                                               
following  modifications  and changes,  which  he  listed from  a                                                               
script that read as follows [original punctuation provided]:                                                                    
                                                                                                                                
   1.)    The Pretrial Division will remain as set forth in                                                                     
     existing statutes.                                                                                                         
                                                                                                                                
   2.)    The House version of the bill establishing that the                                                                   
     court shall consider the pretrial risk assessment in making                                                                
     bail decisions so long as the assessment is available.                                                                     
                                                                                                                                
   3.)    The terroristic threatening definition in the House                                                                   
     version section 31 as amended to correct technical and                                                                     
     drafting issues.                                                                                                           
                                                                                                                                
   4.)    The disorderly conduct provisions in section 40 as                                                                    
     amended to include a sentence of not more than 72-hours for                                                                
   the first offense and a sentence of not more than 10 days                                                                    
     on all subsequent convictions.                                                                                             
                                                                                                                                
  5.)    The 2nd time drug possession offense in section 51 as                                                                  
     amended to add a 10-year look back provision.                                                                              
                                                                                                                                
   6.)    Modifications to the felony presumptive sentencing                                                                    
     structure with regard to class A, B, & C felonies in                                                                       
     sections 72, 73, and 74 to reflect the sentencing structure                                                                
     as follows:                                                                                                                
                                                                                                                                
        • Class A felony (1st conviction): 4-7 years                                                                            
        • Class A felony (2nd conviction): 10-14 years                                                                          
        • Class A felony (3rd conviction): 15-20 years                                                                          
        • Class B felony (1st conviction): 1-3 years                                                                            
        • Class B felony (2nd conviction): 3-7 years                                                                            
        • Class B felony (3rd conviction): 6-10 years                                                                           
        • Class C felony (1st conviction): 0-2 years                                                                            
        • Class C felony (2nd conviction): 2-4 years                                                                            
        • Class C felony (3rd conviction): 3-5 years                                                                            
                                                                                                                                
  7.)    The DWLS provisions in sections 94 & 95 as amended to                                                                  
     provide that first time incidents involving an                                                                             
     administrative suspension is a violation and all subsequent                                                                
     incidents are a crime.                                                                                                     
                                                                                                                                
   8.)    The parole restructuring in sections 108, 109, 112,                                                                   
    124, and 125 as amended to remove manslaughter from the                                                                     
    subject offenses that are not eligible for discretionary                                                                    
     parole and good time credit.                                                                                               
                                                                                                                                
   9.)    The limitation on pretrial rehabilitation credit in                                                                   
     section 68 as amended to establish a 1-year limit replacing                                                                
     the 180-day limit. The amendment will be 1 year and not 165                                                                
     days as noted on the annotated bill.                                                                                       
                                                                                                                                
   10.)   The House version regarding section 144, which means                                                                  
   no change to Criminal Rules 45 and a defendant's right to                                                                    
     waive their speedy trial rights and the section will not be                                                                
     in the bill.                                                                                                               
                                                                                                                                
 11.)   Section 77 in the house version regarding applications                                                                  
     for discretionary parole.                                                                                                  
                                                                                                                                
 12.)   Section 101 of the bill regarding use of headlights as                                                                  
     amended to correct technical and drafting issues.                                                                          
                                                                                                                                
   13.)   Section 157 as amended to remove the reference to                                                                     
     "section 101" of the bill.                                                                                                 
                                                                                                                                
   14.)   Section 145 of the bill and section 99 of the house                                                                   
     version as amended to accurately reflect sections repealed.                                                                
                                                                                                                                
   15.)   All sections in the bill and the House version                                                                        
     regarding applicability as amended.                                                                                        
                                                                                                                                
   16.)   Section 55 will be amended to add references as                                                                       
   necessary to conform to changes in this bill. This change                                                                    
     will require limited powers of free conference.                                                                            
                                                                                                                                
12:12:22 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CLAMAN  relayed  that there  had  been  committee                                                               
consideration about  whether to [seek] powers  of free conference                                                               
to address  final regulations for  the pretrial  assessment tool,                                                               
as well  as amendments for  a peer review of  the tool.   He said                                                               
the decision was made not to  seek powers of free conference, but                                                               
there  have been  questions about  the Department  of Corrections                                                               
and  its  plans   to  get  the  pretrial   risk  assessment  tool                                                               
regulations in place.   Chair Claman invited Kelly  Goode to come                                                               
before the committee to speak on this issue.                                                                                    
                                                                                                                                
12:13:23 PM                                                                                                                   
                                                                                                                                
KELLY  GOODE,  Deputy  Commissioner,  Department  of  Corrections                                                               
(DOC),  stated  that  both  she   and  the  commissioner  of  the                                                               
department  have been  on  the record  that  the department  will                                                               
establish the regulations necessary to  comply with the law.  She                                                               
said, "We  understand that  those were  not done  previously, and                                                               
we'll correct that."   In response to Chair Claman,  she said she                                                               
could  not  give   an  exact  timeline  for   completion  of  the                                                               
regulations,  but she  said it  is the  commissioner's desire  to                                                               
work on them  immediately, "once we've got  everything in place."                                                               
She said  this would be  done "as  efficiently and as  quickly as                                                               
possible."                                                                                                                      
                                                                                                                                
CHAIR  CLAMAN   asked  if  Ms.   Goode  could   offer  reasonable                                                               
confidence that by  the time the legislature  convenes in January                                                               
2020 the regulations would be in place.                                                                                         
                                                                                                                                
MS. GOODE answered, "That is definitely our hope, yes."                                                                         
                                                                                                                                
12:14:20 PM                                                                                                                   
                                                                                                                                
CHAIR  HUGHES noted  there  had  been an  agreement  to add  peer                                                               
review language  for the assessment  tool; however,  because that                                                               
would be  complicated, there  was agreement  not to  include that                                                               
language.   She  said  there has  been  discussion about  putting                                                               
forth a  bill in which "the  particulars of that could  be worked                                                               
out."  She asked Ms. Goode for comment.                                                                                         
                                                                                                                                
MS. GOODE  said the only  language pertaining to this  issue that                                                               
she had seen  was perhaps in an amendment in  the House Judiciary                                                               
Standing Committee.  She said  the department would be willing to                                                               
look  at the  issue with  legislative  members to  "see how  that                                                               
could  maybe positively  affect it."   She  added, "But  we don't                                                               
have any position on that right now."                                                                                           
                                                                                                                                
CHAIR HUGHES  clarified, "We're  not wanting  a fiscal  note with                                                               
this study;  ... we just wanting  to make sure we  have something                                                               
as accurate  as possible."  She  said this could be  something to                                                               
work on in the next session.                                                                                                    
                                                                                                                                
12:15:42 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN noted that  Representative Shaw had offered                                                               
an  amendment [in  the House  Judiciary Standing  Committee], and                                                               
although  the  amendment   was  defeated,  Representative  Claman                                                               
expressed his support "of that same direction."                                                                                 
                                                                                                                                
12:16:20 PM                                                                                                                   
                                                                                                                                
SENATOR  SHOWER, regarding  driving with  license revoked  (DWLR)                                                               
and driving with license suspended  (DWLS), stated for the record                                                               
that an  agreement had  been reached  that first-time  offenses -                                                               
administrative offenses  - would  be violations, while  all court                                                               
revocations  -   criminal  offenses   -  would   be  a   Class  A                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN confirmed  that is correct.   He added that                                                               
only   administrative   revocations   would  get   a   first-time                                                               
violation;  anything  that  is  a court  revocation  would  be  a                                                               
misdemeanor.  He added, "It's  only that first administrative ...                                                               
suspension that could  be a violation, and the  second time, that                                                               
would be a crime."                                                                                                              
                                                                                                                                
12:17:28 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KOPP elucidated  that administrative  suspensions                                                               
are  usually  four  points  or   a  lapse  in  insurance,  versus                                                               
suspensions -  revocations for criminal  offenses -  like driving                                                               
under the influence (DUI).                                                                                                      
                                                                                                                                
12:17:47 PM                                                                                                                   
                                                                                                                                
CHAIR  HUGHES  stated that  the  authorization  for the  pretrial                                                               
services program  is being  added, but this  would do  nothing to                                                               
prohibit the  current administration from operating  the pretrial                                                               
services  program  as  it  currently has  been  doing  under  the                                                               
probation and parole program.                                                                                                   
                                                                                                                                
12:18:17 PM                                                                                                                   
                                                                                                                                
SENATOR  SHOWER noted  there  had been  "a  lot of  consternation                                                               
about  the risk  assessment tool,"  but it  has been  agreed that                                                               
while the tool stays, it would not  be required of a judge to use                                                               
that tool.                                                                                                                      
                                                                                                                                
12:19:02 PM                                                                                                                   
                                                                                                                                
CHAIR HUGHES clarified the tool would  be on a list of things the                                                               
judge considers,  but would absolutely  have "no weight  or power                                                               
or authority."                                                                                                                  
                                                                                                                                
12:19:16 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KOPP  confirmed the  correctness of  Chair Hughes'                                                               
statement.   He said, "It  is something the court  will consider,                                                               
but it is  no longer directly a  trump card, if you  will, on the                                                               
decision to release or not."                                                                                                    
                                                                                                                                
12:19:35 PM                                                                                                                   
                                                                                                                                
SENATOR SHOWER clarified, "There's no  longer any weight to this;                                                               
it's just  a list  of 12  different items that  a judge  may look                                                               
at."    He  explained  that  that   had  been  "a  big  point  of                                                               
contention," so he wanted the public to have this information.                                                                  
                                                                                                                                
12:20:04 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN  expressed interest in seeing  the research                                                               
and data by  the University of Alaska -  Anchorage Justice Center                                                               
regarding  the  pretrial  assessment   tool,  and  he  said  that                                                               
information would  most likely  be available by  the end  of June                                                               
[2019].                                                                                                                         
                                                                                                                                
12:20:36 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KOPP  expressed  his  pleasure  in  the  combined                                                               
efforts of  both minority and  majority members in the  House and                                                               
Senate in  coming forward with  a joint proposal.   He emphasized                                                               
the  role   played  by  minority   members  and   highlighted  in                                                               
particular  the   role  that   Senator  Wielechowski   played  in                                                               
facilitating  discussion.   He opined  that  it is  good to  have                                                               
skilled  attorneys  involved  in  the  dialogue.    Referring  to                                                               
legislative members  again, he stated, "It's  a stronger proposal                                                               
because it is joint."                                                                                                           
                                                                                                                                
12:21:25 PM                                                                                                                   
                                                                                                                                
CHAIR  HUGHES thanked  the  public for  weighing  in and  putting                                                               
pressure on  the legislature to  overhaul the  criminal statutes.                                                               
She then  thanked staff  members who  worked tirelessly  to "help                                                               
get  us to  this  point."   She  noted  that  agreement had  been                                                               
reached to  create an informal working  group to look at  ways to                                                               
reduce  recidivism and  give the  Department  of Corrections  the                                                               
necessary tools  to help offenders  be in better shape  when they                                                               
exit the  system.   She concluded,  "That is  step two  of making                                                               
Alaska a safer place."                                                                                                          
                                                                                                                                
12:22:36 PM                                                                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI thanked  Senator Hughes  and Representative                                                               
Claman  for  their  leadership.    He said,  "This  was  truly  a                                                               
bipartisan/bicameral effort.   Everyone was  involved."   He said                                                               
there  were heated  discussion in  the  creation of  a "tough  on                                                               
crime" bill  that he called  "an absolute repeal  and replacement                                                               
on Senate  Bill 91 [passed  during the Twenty-Ninth  Alaska State                                                               
Legislature]."   He thanked staff  for their input  and expressed                                                               
support of Version R.A [as modified].                                                                                           
                                                                                                                                
REPRESENTATIVE  CLAMAN  thanked  all members  of  the  Conference                                                               
Committee on  HB 49  for their  efforts to do  what is  right for                                                               
Alaska in increasing  public safety.  He thanked  staff for their                                                               
help.                                                                                                                           
                                                                                                                                
12:24:06 PM                                                                                                                   
                                                                                                                                
CHAIR HUGHES moved  to request limited powers  of free conference                                                               
for HB 49 on:  Sections 31,  50, 99 (House); and Sections 39, 40,                                                               
51, 55,  68, 72, 73,  74, 94, 95, 101,  108, 109, 112,  124, 125,                                                               
145,  157,  158  (Senate);  any  remaining  sections  related  to                                                               
pretrial  services: 62,  67, 104,  105, 106,  107, 128,  149, 150                                                               
(Senate).  There being no objection, it was so ordered.                                                                         
                                                                                                                                
CHAIR CLAMAN noted members must sign a letter.                                                                                  
                                                                                                                                
12:25:03 PM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 12:25 p.m. to 12:27 p.m.                                                                     
                                                                                                                                
12:27:01 PM                                                                                                                   
                                                                                                                                
SENATOR  SHOWER   thanked  Senators   Peter  Micciche   and  Lora                                                               
Reinbold,   in  the   audience,   for  their   efforts  on   this                                                               
legislation.   He  further thanked  Majority Leader,  Senator Mia                                                               
Costello as an "outspoken voice of the victim."                                                                                 
                                                                                                                                
12:27:53 PM                                                                                                                   
                                                                                                                                
CHAIR HUGHES moved  that pursuant to receiving the  power and the                                                               
suspension  of the  Uniform Rules  as  requested, the  Conference                                                               
Committee  on HB  49 adopt  the  conference committee  substitute                                                               
(CCS) for  HB 49, as  described by [Chair Claman],  with attached                                                               
and forthcoming fiscal notes.                                                                                                   
                                                                                                                                
CHAIR CLAMAN stated  that the motion before the  committee was to                                                               
send a report to the  respective bodies recommending the approval                                                               
of CCS HB 49.                                                                                                                   
                                                                                                                                
12:28:15 PM                                                                                                                   
                                                                                                                                
A roll  call vote was  taken.  Representatives Pruitt,  Kopp, and                                                               
Claman voted  in favor of adopting  the CCS for HB  49.  Senators                                                               
Wielechowski, Shower, and  Hughes voted in favor  of adopting the                                                               
CCS for  HB 49.   Therefore,  by a  vote of  3:0 (House)  and 3:0                                                               
(Senate), it was so ordered.                                                                                                    

Document Name Date/Time Subjects
2019.05.16 Conference Committee Description of Changes.pdf JHB49 5/16/2019 11:00:00 AM
HB 49